The United Kingdom government is seeking to expand its draconian Online Safety Act without oversight from elected MPs, through legislative amendments that would allow ministers to change key internet laws without passing new primary legislation through Parliament. This would give the government virtually unlimited powers to expand online censorship laws.
The proposed changes come as Prime Minister Keir Starmer has said the government intends to move more quickly when regulating online platforms and emerging technologies.
During remarks in February, Starmer said the government wants the authority to act “within months, not years” when addressing issues linked to online services.
Starmer has previously threatened Elon Musk’s X with a nation-wide ban, even holding talks with British Commonwealth allies Canada and Australia to coordinate a joint international ban against the platform.
Amendments would expand ministerial authority
Two amendments introduced by the government would significantly broaden the authority of ministers to change the UK’s online safety framework.
One amendment to the Crime and Policing Bill would allow any senior government minister to modify the Online Safety Act to address risks connected to illegal AI-generated content. The amendment states the changes could be made for the purpose of “minimizing or mitigating the risks of harm to individuals.”
A second amendment to the Children’s Wellbeing and Schools Bill would allow ministers to alter primary legislation in order to restrict children’s access to certain internet services.
The Department for Science, Innovation and Technology has said it intends to act quickly following a consultation on online harms. One issue under review is whether the government should introduce a ban preventing individuals under the age of 16 from using social media services.
Use of “Henry VIII clauses”
The proposed amendments rely on provisions often described as “Henry VIII clauses,” which allow ministers to amend primary legislation through secondary legislation.
These mechanisms allow the government to implement regulatory changes without passing a new bill through Parliament, which typically involves debate and scrutiny in both the House of Commons and the House of Lords.
Such clauses have been used by successive UK governments for decades through statutory instruments, though their scope varies depending on the legislation in question.
