The Dawn of a New Era: The UK’s Online Safety Act is here!

It’s been four and a half years in the making but the Online Safety Act – which aims to make the UK the “safest place in the world to be online” – is finally law.

But that doesn’t mean that services in scope (those that have links with the UK and either allow users to interact or include a search engine) need to start complying with all of their duties under the Act today. In fact, a report published by the National Audit Office in July of this year estimated that 2025 is the earliest year in which the online safety regime will be fully operational. 

This is because further legislation is required before most of the provisions come into force, including those relating to the “duties of care” that require platforms to take steps to protect users from illegal content and children from content that is harmful to them. Ofcom (the regulator of the new regime) will also need to consult on and issue Codes of Practice and guidance that will explain how in scope services can comply with their duties. Ofcom has confirmed today that it will publish its first consultation on illegal harms on 9 November 2023. 

However, services should not sit on their laurels waiting to think about compliance until the regime is fully operational. The Government estimates that 100,000 services will be regulated under the regime, so businesses would be wise to think about whether they fall in scope, and if so, to turn their minds now to their key compliance obligations, such as conducting risk assessments and updating their terms of service. 

Along with starting to build out a compliance plan, effective engagement with Ofcom’s consultations now will minimise the risk that services face the wrath of Ofcom’s enforcement powers – which could result in a fine of up to 10% of global annual turnover. It will also ensure that services are ready to respond to any compulsory information requests issued by Ofcom, the first of which are expected shortly after Ofcom’s powers come into force. 

Today is a huge milestone and the culmination of several years of discussion and debate, but this is just the beginning – there is a long journey ahead with lots to think about. We are here to help services and will be releasing various publications and invitations to webinars over the coming weeks and months, including a guidebook which will guide you on your compliance journey and beyond. Watch this space…