Some social media platforms could choose to stay away from the UK because they do not want to be punished under the Online Safety Act, an expert has suggested.
The online safety rules, which are gradually coming into force this year and are overseen by Ofcom, require platforms to protect users from harmful content and put key safety measures in place, or face fines and even have their sites blocked in the most serious cases.
Some US tech firms, and officials from US President Donald Trump’s administration, have criticised growing regulation of tech companies in the UK and Europe.
They say new online safety and digital competition rules are restricting free speech and unfairly targeting American businesses.
Mr Trump’s return to the White House has seen a shift in approach from tech companies in their approach to a range of issues, including free speech, as many look gain support from the president.
Hayley Brady, partner and head of media at global law firm Herbert Smith Freehills, said she had spoken to people inside smaller online platforms who were already choosing to not come to the UK, because they wanted to allow more free speech content and did not want to be punished under the Online Safety Act.
“The person I spoke to (inside a social media firm), said ‘there is no way our founder will do anything, he wants everything to be out there, and we will not do it, we will not stop anything’,” she told the PA news agency.
“I was surprised, I asked about removing illegal content, they said ‘no, no, no – we’re not having that, we just won’t come to the UK’, and that’s what they did.
“So I wonder whether we might see a bit more of that. It will be interesting.
“And how hard will Ofcom go in what’s become a very political area? It wasn’t so controversial before and now it seems bizarre that’s become so controversial, but that is where we are in the world.”
Ms Brady said she thought it was unlikely that the biggest platforms would withdraw from the UK or Europe, but said many were clearly frustrated by the stricter regulations coming into force.
Apple and Meta have recently faced huge fines for breaching competition rules under the EU’s Digital Markets Act (DMA).
Under the UK’s Online Safety Act, Ofcom has the power to fine firms in breach of the rules up to £18 million or 10% of global turnover, whichever is greater, which could mean fines running into billions of pounds for the biggest platforms.
“I can’t see the likes of Meta or TikTok leaving the UK any time soon, but we’ve obviously seen with the DMA, which is a different piece of regulation, but seeing some of the fines, and Ofcom has the power here to issue big fines and ultimately block sites,” Ms Brady said.
“But I think if they saw that happening, we don’t know.
“Ofcom has done a lot here. They’ve been preparing for this for years. It’s been on our political agenda for a long time.
“If people don’t comply with it, they’re going to have to enforce it, otherwise it looks ridiculous.”
Last month, as Ofcom announced its codes of practice for firms in how they must protect children on their sites, the regulator’s chief executive, Dame Melanie Dawes, said some “smaller companies” had chosen to “geo-block” the UK “rather than offer very, very risky and illegal content to the British public”.
A spokesperson for the Department for Science, Innovation and Technology said: “The online world is not a law-free zone – platforms which host illegal content like racism, extremism, or which glorify violence have no place in our society.
“Free speech is the lifeblood of our democracy but the UK’s online safety laws are clear: the internet is not a haven for those seeking to sow division in our communities, or for those who enable them.”
