The House of Lords has called for a new central digital super-regulator to be created in order to inspect the different bodies protecting the internet and to replace the ‘clearly failing’ system of self regulation in place.
The Lords’ communications committee report has recommended a new Digital Authority. The report warns that the contribution of several regulators for the digital realm can be more problematic than helpful as it creates overlaps and gaps.
The report also states that large tech companies have failed to tackle cybersecurity issues and Ofcom should, in the future, expand their services to involve implementing a duty of care on those companies.
Lord Gilbert of Panteg, Chair of the committee, stated: “The government should not just be responding to news headlines but looking ahead so that the services that constitute the digital world can be held accountable to an agreed set of principles.”
He continued: “Self-regulation by online platforms is clearly failing and the current regulatory framework is out of date. The evidence we heard made a compelling and urgent case for a new approach to regulation. Without intervention, the largest tech companies are likely to gain ever more control of technologies which extract personal data and make decisions affecting people’s lives.”
The Lords said that the new Digital Authority should be guided by 10 guiding principles pertaining to online regulation. Some of these basic principles include: transparency, parity, recognition of childhood, accountability, privacy and human rights.
Last month, a Digital Culture, Media and Sport committee held Facebook responsible for being run by “digital gangsters” and as a result, recommending that tech and social media companies could regulate themselves independently under a ‘code of ethics’ which could be overseen by Ofcom.
The report by the Lords echoed this sentiment. It stated that self-regulation from internet behemoths from the likes of Google and Facebook were “clearly failing”.
Lord Panteg wrote: “Policy makers across different sectors have not responded adequately to changes in the digital world.”
He added: "The Digital Authority should be empowered to instruct regulators to address specific problems or areas. In cases where this is not possible because problems are not within the remit of any regulator, the Digital Authority should advise the Government and Parliament that new or strengthened legal powers are needed.”
The report recommends many changes to already existing regulations whether the Digital Authority is created or not. An example of these proposed changes is the public interest test for mergers and acquisitions which would protect peoples’ data from being bought and sold with no prior consent from the individual.
Additionally, the report recognizes the power which this new Digital Authority would hold and justified it by stating: “This is necessary because of the magnitude of urgent social and political problems caused by regulatory fragmentation in the digital world. These problems are less likely to become more complex as technology develops.”
Internet giants such as Google, Amazon and Facebook were not held in high regard amongst the Lords, especially in the report.
It concluded, “Major platforms have failed to invest in their moderation systems, leaving moderators overstretched and inadequately trained. Online platforms should make community standards clearer through a new classification framework akin to that of the British Board of Film Classification.”