A Proposal to Define the Concept of “Online Harmful Content” based on the United Kingdom Experience

The massive use of the Internet has exposed users to a large number of offensive behaviors by third parties, directly violating the rights and freedoms of individuals. In order to promote an online safe environment, different legislative initiatives around the world have begun to tackle online harms, requiring certain moderation duties from platforms. However, the concept of online harm is subjective, especially if we consider that it includes content that is not illegal but is considered harmful or damaging. In view of the above, this article aims to study the different behaviors that can be subsumed under the concept of legal but harmful content in light of the taxonomy of harms offered in the United Kingdom White Paper on Online Harm and then proposes a definition of online harm that serves as a basis for an organic and consistent regulation of the behaviors that must be mitigated and controlled in digital environments.