ARTICLE
20 November 2020

Fake News? UK Government Considers ‘Duty Of Impartiality' For Social Media Platforms

GA
Global Advertising Lawyers Alliance (GALA)
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
Decisions of where and whether to allow or to block various content on social media sites are extremely important.
UK Media, Telecoms, IT, Entertainment
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Decisions of where and whether to allow or to block various content on social media sites are extremely important. Such decisions can impact society in a number of ways, from influencing the outcome of elections to discourage people from following official advice and recommendations during a pandemic.

Over the weekend, the Labour party suggested that 'fake news' about vaccinations should be banned from social media platforms altogether. This might be an emotionally appealing move, but it would set a potentially dangerous precedent if politicians are to assume control over what social media users can and cannot discuss via those platforms.  For example, could such a ban be extended to block any criticism of mandatory vaccination programmes or the allocation of PPE contracts?  

Regardless of the merits of such a move, the concept of the government only allowing one side of any argument to be heard is a clear societal threat, and one which would (and should) keep many of us awake at night. 

Along with a wide range of other 'online harms' (from bullying to terrorism), the UK government is keen to get to grips with these issues.

The UK government recently stated its intention to put the UK at the forefront of effective online regulation, and last year it put forward the Online Harms White Paper for consultation. These proposals are making slow progress, but even in the face of these myriad challenges, it is very surprising that the government is now contemplating throwing in an additional complicating factor, which is to introduce a 'duty of due impartiality' on social media platforms.

The details have not yet been made public. While this move could be limited to bringing transparency to algorithms (to tackle 'algorithmic bias'), there is a risk that it goes further.

In my brief article for The Times, I explore what a 'duty of impartiality' might look like, how it might be applied, and whether it would be realistic in practice.

Alternatively, you can find an in depth analysis on our website, here.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
20 November 2020

Fake News? UK Government Considers ‘Duty Of Impartiality' For Social Media Platforms

UK Media, Telecoms, IT, Entertainment
Contributor
With firms representing more than 90 countries, each GALA member has the local expertise and experience in advertising, marketing and promotion law that will help your campaign achieve its objectives, and navigate the legal minefield successfully. GALA is a uniquely sensitive global resource whose members maintain frequent contact with each other to maximize the effectiveness of their collaborative efforts for their shared clients. GALA provides the premier worldwide resource to advertisers and agencies seeking solutions to problems involving the complex legal issues affecting today's marketplace.
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