THE “GREY area” surrounding digital content that is offensive – but not illegal – will need to be considered as part of online harms legislation being developed by the government, a scrutiny panel has heard.
Assistant Children’s Minister Malcolm Ferey also told the Children, Education and Home Affairs Scrutiny Panel that there was a “delicate balance” to be struck with free speech and freedom of expression.
His comments come amid work to develop legislation to help Islanders request removal of illegal content from online platforms, which was announced last year after the panel 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.
A consultation is currently open on bespoke Jersey legislation that will seek to provide “stronger rights to get illegal content removed from social media, websites and search engines”.
During a scrutiny hearing yesterday afternoon, panel member Deputy Helen Miles noted the government had previously stated that “challenges will remain where content may be considered ‘inappropriate’ but is not currently illegal in Jersey’s legislative framework”.
Deputy Ferey explained: “There’s harmful but not illegal content, so something that perhaps is offensive but is not necessarily against the legislation.”
He continued: “And of course, there’s that delicate balance to be struck between freedom of expression and free speech tripping over into being outright offensive.
“That’s why the ‘offensive but not illegal’ content is always going to be a grey area – it was a big piece of the Online Safety Act that was taken out at the last minute because they knew it was an absolute minefield.”
His comments come less than a day after Chief Minister Lyndon Farnham stated that the government took the responsibility of protecting children and young people from online harm “extremely seriously” and was continuing ministerial work to strengthen safeguards.
The Law Commission has also been asked to identify gaps in the Island’s current legislation and bring forward recommended changes.
