PUBLIC feedback will soon be sought on new legislation planned to “strengthen online privacy” and make it easier to get illegal content removed from digital platforms.
This includes enabling Islanders to request the removal of content where they can be recognised – but has been uploaded without their consent – that “causes them harm, distress or reputational damage”.
The proposed legislation also seeks to provide “stronger rights to get illegal content removed from social media, websites and search engines”.
A public consultation is due to begin in January.
The proposals form part of work being highlighted by ministers in response to a review by the Children, Education and Home Affairs Scrutiny Panel, which raised questions over why the government did not request a permissive extent clause to allow Jersey to opt in to the UK’s Online Safety Act.
The Act, which is being implemented by regulator Ofcom, seeks to place new responsibilities on social media companies and search services to prevent children from accessing harmful and age-inappropriate content.
But the ministerial response contended that the approach being taken would help maintain the Island’s “legislative independence”.
“This approach enables us to develop legislation based on global best practice, including the most effective mechanisms for engaging with global social media companies,” the response continued.
“It should also be noted in respect of online harms that neither the Isle of Man nor Guernsey have yet activated their permissive extent clause and the UK itself continues
to progress several separate policy initiatives, recognising that the Online Safety Act is
not a panacea.
“Instead, Jersey should develop its own legislation to ensure that we have the most effective legislative protection for Islanders.”
The Children, Education and Home Affairs Scrutiny Panel has said it will be looking at the terms and scope of a comprehensive legislative gap analysis that the government will be undertaking – which was one of the key recommendations in the review.
Panel chair Deputy Catherine Curtis said: “Since the publication of our report, the government has responded by updating policies and addressing concerns.
“Whilst it is encouraging to see government tackling this issue and acknowledging the areas of concern that we have highlighted, it is concerning that it has taken the work of a scrutiny panel to get government to act on this matter.
“We will be meeting in January to discuss the ministerial response in more detail.”
