Online safety group urges Starmer to crack down on child sex abuse imagery loopholes

22 January 2025, 10:01

Prime Minister Sir Keir Starmer delivers a statement at 10 Downing Street in London
Prime Minister Sir Keir Starmer delivers a statement at 10 Downing Street in London. Picture: Alamy

By Henry Moore

Sir Keir Starmer must intervene and strengthen incoming online safety rules after a record amount of child sexual abuse material was found on the internet in 2024, a leading online safety organisation has said.

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The Internet Watch Foundation (IWF), which proactively searches for and helps remove child sexual abuse imagery from the internet, has written to the Prime Minister warning that without his input, platforms will have a "blatant get-out clause" to evade compliance with parts of the Online Safety Act, which is due to begin coming into force this year.

The IWF said the wording of codes of practice within the Act allows firms to remove illegal content only when it is "technically feasible", and warns that this will incentivise platforms to avoid finding ways to remove illegal content in order to evade compliance.

The charity said Sir Keir was in a unique position to intervene because it was the Prime Minster, when previously head of the Crown Prosecution Service (CPS), who had first authorised the IWF to start proactively hunting down abuse imagery on the internet.

Writing to the Prime Minister, IWF chairwoman Catherine Brown said: "We are deeply concerned that the codes allow services to remove illegal content only when it is 'technically feasible', which will incentivise platforms to avoid finding ways to remove illegal content in order to evade compliance.

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Starmer has been urged to close child abuse imagery loopholes online.
Starmer has been urged to close child abuse imagery loopholes online. Picture: Alamy

"This undermines the Act's effectiveness in combatting online child sexual abuse. We urge you to instruct Ofcom to urgently review and mitigate this blatant get-out clause.

"The publication of the codes also highlighted the weaknesses within the legislation itself.

"For example, the Act does not mandate companies to moderate content uploaded in private communications. As a result, illegal content that is blocked elsewhere on the internet can still be freely shared in private online spaces.

"We call on your Government to remove the safe harbour inadvertently offered to platforms - including those that facilitate the sharing of child sexual abuse material - by the Act.

"Additional legislation should be introduced to ensure there are no safe havens for criminals in private communications."

In response, a spokesperson for online safety regulator Ofcom said: "The law says that measures in our codes of practice must be technically feasible.

"However, we expect the vast majority of platforms will be able to take content down and we will hold them to account if they don't.

"There'll be measures all platforms will need to take to protect children, such as reviewing child sexual abuse material when they become aware of it and reporting it to law enforcement."

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The IWF said that in 2024, the charity acted to remove images or videos of children suffering sexual abuse, or links to such content, from more than 291,000 webpages.

It said this was the highest number of such webpages it had discovered in its history.

Derek Ray-Hill, interim chief executive of the IWF said: "Ten years ago Keir Starmer, as director of public prosecutions, took a stand, giving the IWF unprecedented powers to proactively hunt down child sexual abuse imagery online.

"Now we need him to act decisively again. The new regulations we've all worked so hard to bring in threaten to leave gaping loopholes for criminals to exploit.

"The Online Safety Act can be revolutionary in protecting our children if the political and regulatory will is there. Or it can be a monument to ineffectiveness in the face of a solvable problem.

"The solutions are here, now. They aren't pie-in-the-sky solutions for the future. They exist, and they are trusted. Big tech just needs to be instructed to switch them on.

"Sir Keir has it in his gift to take the wheel and make a real difference that children in the UK, and all around the world, will benefit from. It's their safety that is at stake."

A Government spokesperson said: "Child sexual exploitation and abuse is despicable and has a devastating impact on victims.

"UK law is clear - child sexual abuse is illegal and social media is no exception. Companies must ensure criminal activity cannot proliferate on their sites.

"From March, under the Online Safety Act, companies will need to take robust action to tackle this material when they become aware of it, training moderating teams to spot child exploitation, and testing whether their algorithms are promoting this material - putting safety by design into their products from the outset.

"If companies fail to act, Ofcom has robust enforcement powers including the ability to issue significant fines.

"This Government is committed to using all available levers, such as the Online Safety Act, to ensure children are protected online, and we will not hesitate to go further if necessary."

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