Elon Musk’s criticism of Keir Starmer and the UK Government following the violent demonstrations across the UK riots represents an important moment for the new Government. From promoting accusations that Starmer is presiding over a “two-tiered” approach to policing to giving oxygen to voices from the UK’s far right, Musk’s inflammatory comments have created a political headache for Starmer and the UK Government.

For the Government and the wider technology sector, Musk’s statement has also unearthed uncomfortable questions around the role of regulation in the digital sphere. With the passing of the Online Safety Act, Ofcom and the UK Government will now have new powers to crack down on illegal and harmful content online – powers have also come into scope of Musk’s criticisms.

With Starmer now indicating that Musk will face the “full force of the law” in light of his comments, what can the UK Government do, and what are the repercussions for the wider sector?

Understanding Elon Musk’s Intervention

Musk, the billionaire turned social-media mogul, has significant influence both in the UK and across the world, making his statements capable of shaping public opinion and fuelling political narratives. In targeting Starmer, Musk wasn’t just making a political comment, but adding momentum to a powerful narrative which is gaining traction online.

For the UK government, responding to high-profile interventions requires a careful balancing act. Overreaction could be perceived as an infringement on free speech, while underreaction might suggest a lack of control over the digital narrative.

The Role of the Online Safety Act

The Online Safety Act, which passed into law in 2023, is the UK government’s flagship legislation designed to regulate online content and create a safer online environment. The Act empowers Ofcom, the UK’s communications regulator, with significant authority to enforce compliance among tech companies, including social media platforms.

Under this legislation, Ofcom is tasked with ensuring that online platforms, especially those with significant reach like X, mitigate the risk of harm associated with user-generated content. This includes addressing content involving hatred, disorder, provoking violence or certain instances of disinformation — issues that are particularly pertinent in the context of Musk’s comments.

What can the UK Government do?

While a landmark piece of legislation, Ofcom is still in the process of formalising how it will enforce the duties this Act established, with the regulator expecting to take until 2026 until all elements of the Act will be enforced.

However, Musk’s interventions may well influence how Ofcom and the UK Government approaches enforcing the duties of the Act.

For example, the Government may seek to work with Ofcom to develop updated guidance on how to handle content that might incite unrest, particularly when such content comes from influential figures like Musk.

The Government could push for greater transparency from social media companies on how they moderate content and handles high-profile accounts. With Ofcom set to announce proposals around Transparency Reporting for at-risk services, Ofcom could look to enhance its emerging guidance to require regular reports on how potentially harmful content is addressed, such as during sensitive periods like civil unrest.

What does this mean for the tech sector?

Musk’s criticism of Starmer underscores the importance of proactive engagement with Ofcom and the UK Government. Here’s why:

1. Enhancing Reputations: In an environment where public trust in digital platforms is being tested, transparency in how tech companies moderate content is essential. By collaborating with Ofcom, companies can demonstrate their commitment to maintaining a safe and responsible online environment, particularly when dealing with statements from influential figures who push the boundaries of acceptable discourse.
2. Positively Influencing the Regulatory Framework: As Ofcom continues to develop the enforcement framework for the Online Safety Act, tech companies have a unique opportunity to positively influence the regulatory process. By engaging with the regulator, companies can provide input on practical enforcement measures and ensure that the regulations are both effective and workable. What is more, in light of the recent disorder, Ofcom has reaffirmed its commitment to working the sector to understand the specific issues that companies face.
3. Navigating Legal ‘Grey Areas’: By working closely with Ofcom, tech companies can gain clearer guidance on how to manage content that falls into legal ‘grey areas’. This proactive engagement can help platforms develop best practices for handling controversial content, particularly from high-profile users, without overstepping legal boundaries.

PLMR is advising several technology companies on how they can proactively engage with the Government and Ofcom as it develops its proposals for enforcing the Act.

Get in touch with our team to discuss how we can help your organisation to navigate this legislation and engage with key policy makers.