Tag Archives: stricter

Judge States Wikipedia Can Contest Online Safety Laws If Stricter Regulations Are Enforced

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Wikimedia operators have received approval from a High Court judge to contest the online safety legislation when deemed a high-risk platform, which imposes the most stringent requirements.

The Wikimedia Foundation warns that if OFCOM classifies it as a Category 1 provider later this summer, it will be compelled to limit access to the site in order to meet regulatory standards.

As a nonprofit entity, the organization stated it “faces significant challenges in addressing the substantial technical and staffing demands” required to adhere to its obligations, which include user verification, stringent user protection measures, and regular reporting responsibilities to mitigate the spread of harmful content.


The Wikimedia Foundation estimates that to avoid being categorized as a Category 1 service, the number of UK users accessing Wikipedia would need to decrease by approximately three-quarters.

Wikipedia asserts it is unlike other platforms expected to be classified as Category 1 providers, such as Facebook and Instagram, due to its charitable nature and the fact that users typically interact only with content that interests them.

Judge Johnson declined to challenge Wikipedia’s status in court for various reasons but emphasized that the site “offers tremendous value for freedom of speech and expression,” noting that the verdict would not provide Ofcom or the government a mandate to impose regulations that would severely limit Wikipedia’s operations.

He stated that the classification of Wikipedia as a Category 1 provider “must be justified as proportionate if it does not infringe upon the right to freedom of expression,” but added that it was “premature” to enforce such a classification as Ofcom had not yet determined it to be a Category 1 service.

Should Ofcom deem Wikipedia a Category 1 service, which would jeopardize its current operations, Johnson suggested that technology secretary Peter Kyle “should consider altering the regulations or exempting this category of services from the law,” highlighting that Wikipedia could confront further challenges if this were not addressed.

“We are pleased to report that we are actively engaging with the Wikimedia Foundation,” said Phil Brad Leishmieg, lead attorney for the organization. “While the ruling does not provide immediate legal protection for Wikipedia as we had sought, it accentuates the responsibilities facing Ofcom and the UK government regarding the implementation of the Online Safety Act.”

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“The judge has recognized the issues caused by the misalignment of OSA classifications and obligations concerning Wikipedia’s ‘significant value, user safety, and the human rights of Wikipedia volunteer contributors.’

Government KC Cecilia Aibimee stated that the minister has taken OFCOM’s guidance into account, specifically considering whether Wikipedia should be exempt from the regulations, but ultimately decided against it. She remarked that Wikipedia was deemed “in principle an appropriate service necessitating Category 1 obligations,” and that the reasoning behind this decision was “neither unreasonable nor without justification.”

A government representative commented: “We are pleased with today’s High Court ruling. This will assist us in our ongoing efforts to implement online safety laws and foster a safer online environment for all.”

Source: www.theguardian.com

EU Identifies Three Porn Sites Subject to Stricter Online Content Regulations

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Age verification technology could be heading to adult content sites after these three sites were added to the list of platforms subject to the most stringent level of regulation under the European Union’s Digital Services Act (DSA).

Back in April, the EU announced an initial list of 17 so-called Very Large Online Platforms (VLOPs) and two Very Large Online Search Engines (VLOSEs) designated under the DSA. The initial list did not include adult content sites. The addition of the three platforms specified today changes that.

According to Wikipedia — which, ironically, was already named VLOP in the first wave or commission designation — XVideos and Pornhub are the world’s No. 1 and No. 2 most-visited adult content sites. Stripchat, on the other hand, is an adult webcam platform that live streams nude performers.

None of the three services currently require visitors to undergo a strict age check (i.e. age verification rather than self-declaration) before accessing their content, but all three services As a result, this area is subject to change.

As the EU points out in its report, pan-EU regulations require designated (large) platforms with an average monthly user base of more than 45 million people in the region to have a number of restrictions, including obligations to protect minors. It imposes additional obligations. press release Today — writing [emphasis ours]: “VLOPs must design services, including interfaces, recommendation systems, and terms of use, to address and prevent risks to child welfare. Relax measures to protect children’s rights and prevent minors from accessing pornographic content online (such as age verification tools)”

The European Commission, which is responsible for overseeing VLOPs’ compliance with the DSA, today reiterated that creating a safer online environment for children is an enforcement priority.

Other DSA obligations for VLOPs include:They are required to produce a risk assessment report on the “specific systemic risks” that their services may pose in relation to the dissemination of illegal content and content that threatens fundamental rights. It must first be shared with the committee and then published.

and to address the risks associated with the online dissemination of illegal content, such as child sexual abuse material (CSAM), and content that affects fundamental rights, such as human dignity and the right to private life in the absence of consent. , mitigation measures must also be applied. Sharing intimate content or deepfake pornography online.

“These measures may include, among other things, adaptations to terms of use, interfaces, moderation processes, algorithms, etc.,” the Commission notes.

The three adult platforms designated as VLOPs have four months to bring their services into compliance with additional DSA requirements. That means we need time until late April to make the necessary changes, such as rolling out age verification technology.

“The European Commission’s services will closely monitor compliance with the DSA obligations by these platforms, in particular with regard to measures to protect minors from harmful content and to combat the spread of illegal content,” the EU said. , further added: Please work closely with your newly designated platforms to ensure these are addressed appropriately. ”

The DSA also contains a set of more broadly applicable general obligations that apply not only to small-scale digital services but also to VLOPs. For example, ensuring that systems are designed to ensure high levels of privacy, safety and child protection. Promptly notify law enforcement authorities if they become aware of information that gives rise to suspicion of a criminal offense involving a threat to the life or safety of a person, including in cases of child sexual abuse, and compliance with these requirements; Notice deadline will start slightly earlier on February 17, 2024.

The DSA applies across the EU and EEA (European Economic Area), but post-Brexit this region will not include the UK. However, this autumn the UK government passed its own Online Safety Act (OSA), establishing communications regulator Ofcom as the country’s internet content watchdog and introducing a system of harsher penalties for breaches than the EU’s (OSA fines). (can amount to up to 10%) of global annual sales versus up to 6% based on the EU DSA).

UK law also focuses on child protection. And recent Ofcom guidance for porn sites, aimed at helping them comply with new legal obligations to prevent minors from encountering adult content online, says they are “highly effective”. It states that age checks must be conducted, and further specifies that such checks cannot include age gates that simply ask users to self-declarate that they are 18 years of age or older. .

Ofcom’s list of age verification technologies approved in the UK includes provisions such as asking porn site users to upload a copy of their passport to verify their age. Show your face to the webcam to receive an AI age assessment. Alternatively, there are methods that regulators deem acceptable, such as signing into Open Banking and proving that you are not a minor.

Source: techcrunch.com