Consultation response form Confidentiality

This will create vulnerabilities within messaging services for criminals to exploit or could open the door to a greater level of surveillance.4 International human rights bodies have recognised the importance of end-to-end encryption to protect the right to privacy and to promote the exercise of other rights. [...] Response: We welcome Ofcom’s decision not to mandate the use of automated content- moderation technology for the purposes of combatting terrorism content given the likelihood of over-removal and the inherent threat to freedom of expression. [...] Where the content is alleged to be in violation of local law, as opposed to the company’s rules or policies, the users should be informed of the relevant provision of local law. [...] • Notification of the results of the review, and a statement of the reasoning sufficient to allow the user to understand the decision. [...] In Chambers v Director of Public Prosecutions (2012), the High Court overruled the verdict of a magistrate’s court that had found the defendant guilty of sending a “menacing electronic communication” under the Communications Act.18 This demonstrates the complexity of the law in this area and the care that is required when considering the permissibility of speech.