Heavily encrypted messaging services such as WhatsApp could be forced to adopt cutting-edge technology to detect child sexual abuse material or face the threat of hefty fines under new changes to UK digital safety legislation.
The amendment to the Online Safety Bill will require tech firms to make “best efforts” to deploy new technology that identifies and removes child sexual abuse and exploitation (CSAE) content.
It comes as Mark Zuckerberg’s Facebook Messenger and Instagram apps prepare to introduce end-to-end encryption amid strong opposition from the UK government, which has described the plans as “unacceptable”.
Priti Patel, a longtime critic of Zuckerberg’s plans, said the change in law balances the need to protect children while ensuring privacy for online users.
The Home Secretary said: “Child sexual abuse is a despicable crime. We must all work to ensure that criminals are not allowed to run wild online and technology companies must play their part and take responsibility for the safety of our children.
“Privacy and security are not mutually exclusive — we need both, and we can have both, and that’s what this amendment provides.”
Child safety campaigners have warned that heavy encryption would prevent law enforcement and technology platforms from viewing illegal messages by ensuring that only the sender and receiver can see their content – a process known as end-to-end encryption. However, officials said the amendment was not an attempt to stop the rollout of more such services and that any technology used must be efficient and proportionate.
Zuckerberg’s Meta business, which also owns the encrypted messaging service WhatsApp, is delaying the unveiling of its plans for Messenger and Instagram until 2023.
Screening private messages for child abuse material has proven controversial, with campaigners warning of negative consequences for users’ privacy. One controversial method that could be considered by the communications watchdog overseeing the implementation of the bill is client-side scanning. Apple has delayed plans to introduce the technology, which would involve scanning user images for child sexual abuse material before uploading them to the cloud. The company proposed implementing a technique that would compare photos with known images of child abuse when users choose to upload them to the cloud.
Under the proposed amendment, watchdog Ofcom will be able to require tech firms to deploy or develop new technology that can help find abusive material and stop it from being distributed. The amendment tightens an existing clause in the bill which already gives Ofcom the power to require the deployment of “accredited technology”. The change will now require companies to make “best efforts” to implement or develop “new” technology if the existing technology is not suitable for their platform.
If a company fails to adopt this technology, Ofcom has the power to impose fines of up to £18m or 10% of the company’s global annual turnover – whichever is higher. The online safety bill returns to parliament next week after being considered by a committee of MPs and is expected to become law at the end of the year or early 2023.
There are between 550,000 and 850,000 people in the UK who pose a sexual risk to children, according to the National Crime Agency. “We need tech companies to be on the front line with us and these new measures will ensure that,” said Rob Jones, NCA director general for child sexual abuse.
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