Rethinking safety-by-design and techno-solutionism for the regulation of child sexual abuse material

Leiser, M.R. and Murray, Andrew D. ORCID: 0000-0002-5550-7250 (2025) Rethinking safety-by-design and techno-solutionism for the regulation of child sexual abuse material. Technology and Regulation. ISSN 2666-139X (In Press)

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Abstract

This article examines the rise of technological solutions to digital regulatory challenges, with a focus on Child Sexual Abuse Material (CSAM) and the imposition of obligations on platforms to mitigate risks while safeguarding fundamental rights. This leads to new regulatory designs, such as "safety-by-design," which is favoured by European regulators due to its cost-effectiveness and efficiency in assigning responsibilities to online gatekeepers. We examine the European Union’s CSAM Proposal and the United Kingdom’s Online Safety Act, two ambitious initiatives that aim to utilise technology to combat the dissemination of CSAM. This proposal mandates platforms to perform risk assessments and implement mitigation measures against the hosting or dissemination of CSAM. In cases where these measures fail, a detection order can be issued, requiring platforms to deploy technical measures, including artificial intelligence (AI), to scan all incoming and outgoing communications. This approach, while well-intentioned, is scrutinised for its potential over-reliance on technology and possible infringement of fundamental rights. The article examines the theoretical underpinnings of “safety-by-design” and “techno-solutionism,” tracing their historical development and evaluating their application in current digital regulation, particularly in online child safety policy. The rise of safety-by-design and techno-solutionism is contextualised within the broader framework of cyber regulation, examining the benefits and potential pitfalls of these approaches. We argue for a balanced approach that considers technological solutions alongside other regulatory modalities, emphasising the need for comprehensive strategies that address the complex and multifaceted nature of CSAM and online child safety. It highlights the importance of engaging with diverse theoretical perspectives to develop effective, holistic responses to the challenges posed by CSAM in the digital environment.

Item Type:	Article
Additional Information:	© 2025 The Author(s)
Divisions:	Law School
Subjects:	T Technology H Social Sciences
Date Deposited:	22 May 2025 09:36
Last Modified:	22 May 2025 10:03
URI:	http://eprints.lse.ac.uk/id/eprint/128159

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