Jersey’s data protection regulator is set to get extra enforcement powers to help victims of online harms by compelling platforms to remove harmful or unlawful content more swiftly.
Published today, the first annual Violence Against Women and Girls progress report revealed that “discussions are underway” to determine what additional enforcement powers the Jersey Office of the Information Commissioner will need to provide faster relief when unlawful content appears online and is not promptly removed by digital platforms.
The proposed changes would allow individuals exposed to harmful material to first request its removal directly. If the platform fails to act in a timely manner, the affected person would then have the right to escalate their complaint to the Office of the Information Commissioner.
The progress report also revealed that – of the 77 recommendations made by the VAWG Taskforce in November 2023 – 27 are complete or require no further action, 42 are in progress, six are awaiting reporting, and eight are not started.
One of the report’s recommendations was that Jersey should introduce protections similar to those outlined in the UK’s Online Safety Act, which came into force in 2024.
Though the UK law – along with the EU’s Digital Services Act and Australia’s Online Safety Act – has placed firm duties on tech platforms, international regulators have found it challenging to offer timely support due to the legal and procedural complexity of such legislation.
Pictured: The first annual Violence Against Women and Girls progress report provided an update on the 77 recommendations.
The update explained: “It is understood from meetings with relevant enforcement bodies and regulators from these jurisdictions that while most of these laws are very comprehensive, regulators struggle to provide timely relief to victims of online harms, primarily due to the complexity of these laws.”
In light of these global lessons, a legislative framework that is “proportionate and effective” for Jersey is in development.
This would include expanding the powers of the Jersey Office of the Information Commissioner rather than establishing a new authority, to improve responsiveness to individual complaints and pressure platforms to take greater responsibility.
The update said: “The aim is to empower a person exposed to online harms to effectively request the removal of the harmful content from the platform.
“Where that does not happen in a timely manner, the respective person should have the right to address a complaint to Jersey Office of the Information Commissioner.”
“Discussions are underway” with the Office of the Information Commissioner and the Law Officer’s Department to define which “additional enforcement powers” the regulator might need to enable them to provide relief for victims faster and more effectively.
The Minister for Sustainable Economic Development has already approved the approach to enhance regulatory powers in support of victims, with a particular focus on the prompt removal of harmful content.