James BakerHouse of Lords has defeated Government again on Online Safety. Rejecting new Henry VIII powers to ban sites. Insisting on an under 16 ban for social media. Also dropping requirement to age gate VPNs 🎉. Final twist Kidron has proposed a new raft of amendments that create quite radical changes to the Online Safety Act. I guess in hope Government goes for them in ping pong. #Parliament #onlinesafety #VPN
Graham Smith@JamesBaker Is there a link to the new Kidron amendments? Are they possibly related to the OSAN 10 point plan to amend the OSA?
@JamesBaker “The feeling that the House has, and I am sure I speak for all of us when I say this, is that something has gone wrong with the legislative structure that we have in place in this area” (Lord Stevenson). Well yes, but Parliamentarians were not interested in hearing that the design of the legislation was foundationally defective. In the result, it is working exactly as designed.
@cyberleagle Yes and the new changes also won’t stop all the harms because complicated systems of speech will adapt to specific design restrictions the law places upon them.
@cyberleagle I did wonder if the ‘duty of care’ would include protection of human rights too or if a ‘serious harm’ could be something that arose from a restriction of a right such a freedom of expression or privacy.
@JamesBaker Lord Bridge, Caparo v Dickman: "It is never sufficient to ask simply whether A owes B a duty of care. It always necessary to determine the scope of the duty by reference to the kind of damage from which A must take care to save B harmless." Tort 101.