Small print and data User-generated content The hosting exemption limits the Recent changes in the law liability of providers of ‘information society services’ where such services The dissemination of illegal and consist of the ‘storage of information’ harmful content (particularly content provided by a recipient of the harmful to children) online is currently services. Operators can lose safe a key area of focus for the UK harbour protection by playing an government and EU Commission. active role in relation to the relevant Both the UK and EU have recently content, for example by optimising introduced new laws in this area, or promoting it. which require publishers that host and disseminate UGC to take Moderating UGC additional measures to protect users. Under the safe harbour regime, a Under the EU’s Digital Services Act, decision to moderate UGC ‘lightly’ requirements for hosting providers is likely to be the worst option. The and online platforms restate and hosting exemption is unlikely to build on the existing ‘safe harbour’ apply if the platform operator has provisions but introduce more knowledge of specific unlawful granular requirements in relation content through its own-initiative to operators’ notice and takedown moderation, and the operator may procedures and related complaints be held responsible for the UGC and reporting procedures. There over which it has no real control. At remains no requirement for these least until recently, a decision not to providers to undertake proactive moderate was often the better option monitoring of UGC. Operators as long as effective procedures were designated ‘very large online put in place to remove illegal content platforms’ (VLOPs) with at least as soon as it came to the platform 45 million monthly active users are operator’s attention. required to comply with more 133