By G. Mudalige, Jadetimes News
In the evolving Internet, one contentious new model for gaining access to online content is "consent or pay." This practice has been shifting to allow users to surf websites for free in return for the right to track and serve behavioral ads or to pay a fee not to be. That model raises major ethical and legal concerns.
The legality and fairness of this practice are currently being investigated by the UK's Information Commissioner's Office. While there is no prohibition in data protection laws against "consent or pay" models, the ICO does underscore that consent must be freely given, fully informed, and able to be revoked without detriment. This sets a high bar for compliance, especially as concerns about privacy rights and data protection are heightening.
The "consent or pay" model is especially relevant for sectors like print media, which has felt a pinch from the shift of advertisement budgets to social media and influencers. That is what titles like MailOnline, The Sun, and The Independent have turned to as a way to recoup falling revenues. However, what is equal to forcing users to choose between privacy and access to information has become quite a debated issue.
This debate becomes further complicated by the fact that there are different degrees of this choice; whereas users might easily find alternative sources of information, in some cases—such as streaming services—a lack of choice may make the choice less meaningful. This could lend itself to changing legality on a case-by-case basis.
The model has already been rolled out and tested by the European Union in countries with social media platforms like Facebook and Instagram, where Meta is putting in place the "pay or consent" policy. Preliminary findings from investigations by the European Commission suggest that the model infringes on EU law, raising the stakes for its probable introduction in other regions like the UK.
As consultation on the ICO continues, the future of "consent or pay" hangs in the balance. But what's already clear now is that, when it comes to the digital age, the right to privacy and the right to run a business are making for an increasingly entangled relationship.
