Moderators of kids' forums have to take greater responsibility

28 January 2010

Ever run a user-submitted photo competition for teenagers? Or managed a brand page on Bebo? If so, you may be breaking the law thanks to new legislation.
On 12 October 2009, amendments to the Safeguarding Vulnerable Groups Act 2006 came into force. Of most relevance to the digital industry is that the moderation of internet chat rooms and anything deemed “a public electronic interactive communication service” likely to be used “wholly or mainly by children” became a regulated activity. Anyone undertaking such activity needs to comply with the associated vetting and barring scheme. This could apply to your brand or agency employees. Yet many people seem unaware of the legislation.

The Home Office defines moderation as “an activity or process whereby a person or technical filter is responsible for reviewing content posted by users”. So if someone in your organisation is reviewing and reacting to content submitted mainly by young people, they probably need to be officially vetted. Even if it’s not their full-time role, the threshold for when ad hoc moderation becomes subject to regulation is pretty low - three or more days in a 30-day period.

The vetting and barring scheme isn’t meant to shut down online interactions between brands and children, it’s part of the Government’s commitment to keeping young people safe online. This means creating greater accountability and limiting individuals’ access to children. The digital industry is already seen as lax on data protection, particularly in regards to services relating to children. Now we need to make sure that anyone reviewing content that’s posted by young people for young people is legally cleared to do so.

We’re a moderation business so of course we advocate professional moderation, right? Actually, that’s not always the case, but when it comes to children and vulnerable groups we’ve always played it safe, undertaking these vetting procedures before it became legislation. The digital community as a whole needs to show we can effectively police ourselves before Ofcom or an equivalent government organisation is given the remit of regulating the online environment.

Agencies shouldn’t view professional moderation as another line item in shrinking marketing budgets. Outsourcing moderation and community management (and shifting the legal liability) allows them to free up essential staff for their core business: creating great digital work.

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