After extensive consultation, FAT-HEAD has been amended to take into account its lack of clarity over costs (see 8) and the unfortunate limitation of extent (see 9).
Facebook And Twitter – Handling Extremism And Disorder Bill (‘FAT-HEAD’)
- When this Act applies
- Facebook and Twitter
- Social and Moral Responsibility
- Code of conduct
- Acceptance of blame
- Extent, commencement and short title
Make provision as to matters concerning the social and moral responsibility of Facebook and Twitter, to ensure that proper cooperation is made with the authorities in relation to morality, extremism and disorder.
BE IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1. When this Act applies
This Act applies whenever an event of such significance, as determined by the Secretary of State, requires it to. Events include but are not restricted to acts of extremism, of disorder and of embarrassment to the Secretary of State, the government, the intelligence and security services and the police, or any other event deemed appropriate by the Secretary of State.
2. Facebook and Twitter
The powers conferred through this Act apply to Facebook, Twitter and any other online services, systems, or their equivalents, successors or alternatives (‘the services’) as determined by the Secretary of State.
3. Social and moral responsibility
The services shall recognise that they have a social and moral responsibility above and beyond any requirements hitherto required by the law. The requirements that constitute this social and moral responsibility shall be determined by the Secretary of State, in consultation with the editors of the Sun and the Daily Mail.
4. Code of Conduct
The Secretary of State shall prepare a Code of Conduct to cover the actions of the services, in accordance with the social and moral responsibility as set out in section 1. This code of conduct shall cover extremism, disorder, obscenity, dissent and other factors as determined by the Secretary of State.
i) The services shall monitor the activities of all those who use their services for evidence of extremism, including but not limited to reading all their posts, messages and other communications, analysing all photographs, monitoring all location information, all music listened to and all areas of the internet linked to.
ii) The services shall provide real-time access to all of their servers and all user information to the security services, the police and any others authorised by the Secretary of State, including the provision of tools to enable that access.
iii) The services shall prepare reports on all its users activities, including but not limited to those activities relating to extremism, including contact information, personal details, locations visited and any other information that may be determined from such information.
iv) The services shall provide these reports to the security services, the police and any others authorised by the Secretary of State.
v) The services shall delete the accounts of any user upon the request of the security services, the police or any others authorised by the Secretary of State.
vi) The services may not report that they have provided the access or these reports to anyone without the express permission of the Secretary of State.
At a time of disorder, as determined by the Secretary of State, the security services or a police officer, the services shall provide the following:
i) Immediate access to location data of all users.
ii) Immediate access to all communications data of all users
iii) Detailed information on all accounts that have any relationship to the disorder
iv) Deletion of accounts of any users deemed to be involved, or likely to be involved, in disorder.
v) Upon order by the Secretary of State, the security services or a police officer, the services shall block all access to their services in an area to be determined by the Secretary of State.
7. Acceptance of Blame
The services shall recognise that their social and moral responsibility includes the requirement to accept the blame for the existence, escalation or consequences of any extremism or disorder. This acceptance of blame must be acknowledged in writing and in the broadcast media, ensuring that the government, the security services and the police are not held responsible for their own roles in such extremism or disorder or their consequences.
All costs for the development, implementation, monitoring, updating and supporting the systems required for the services to comply with the Facebook And Twitter – Handling Extremism And Disorder Act 2014 shall be borne by the services.
9. Extent, commencement and short title
i) This Act extends to England, Wales, and anywhere else on the entire planet, and in addition to inner and outer space, the moon, any planets, comets and other bodies as deemed appropriate by the Secretary of State.
ii) This Act comes into force on the day on which this Act is passed.
iii) This Act may be cited as the Facebook And Twitter – Handling Extremism And Disorder Act 2014.