UK's Online Safety Act 2023: What You Need to Know

Introduction to the UK Online Safety Act 2023

On October 26, 2023, the UK Parliament passed the Online Safety Act, originally introduced as the Online Safety Bill. This Act represents a major shift in regulation surrounding the use of the internet, focusing on controlling harmful online content to enhance the safety of internet users in the UK. It aims to hold social media companies more accountable for their users' safety on their platforms.

Key objectives of the UK Online Safety Act

The Act outlines specific obligations for service providers. These duties require service providers to identify, mitigate, and manage risks of harm arising from illegal content and activities, as well as those particularly harmful to children. 

Additionally, the Act grants new functions and powers to the regulator, the Office of Communications (OFCOM). The duties imposed seek to ensure that services are 'safe by design,' providing a higher standard of protection for children compared to adults. 

This Act is paramount for businesses engaged in digital services, addressing a range of safety issues including the presence of illegal content and the protection of children and vulnerable adults. 

The Act emphasises the removal of illegal content, requiring platforms to establish processes for risk assessment and content moderation. 

The role of OFCOM in enforcing the UK Online Safety Act: penalties and restrictions for non-compliance

OFCOM, as the enforcing authority under the Act, will scrutinise the measures taken by companies to filter content related to child exploitation and abuse. The regulator has the authority to penalise non-compliant businesses— namely, up to 10% of global annual turnover or £18 million, whichever is greater. Furthermore, OFCOM can hold companies and responsible senior managers (where they are at fault) criminally liable for failing to adhere to child safety regulations. The act defines the “senior manager” as an individual who plays a significant role in making decisions about how the organisation’s relevant activities are to be managed or organised or actually managing or organising these activities. 

Additionally, in the most severe situations, and with a court’s agreement, OFCOM has the power to instruct payment providers, advertisers, and internet service providers to stop working with a non-compliant website.

This measure can effectively prevent the site from generating revenue or being accessible in the UK, highlighting the Act’s stringent stance on internet safety and corporate accountability.

Understanding the UK Online Safety Act’s scope 

The Act extends beyond the UK, affecting any service with UK users or targeting the UK market, regardless of the company's geographical location.

To address a variety of online safety concerns, the Act introduces several key requirements:

• Content Moderation: The Act requires platforms to actively monitor and remove illegal content. This involves not only eradicating existing illegal content but also preventing its appearance. This means social media companies must implement comprehensive content moderation strategies and sophisticated systems capable of identifying such content without infringing on privacy rights.
• Safety Duties Protecting Children: Platforms must protect children from harmful content and activities. This includes pornographic content, as well as content that, while not meeting a criminal threshold, promotes, encourages, or provides instructions for suicide, self-harm, or eating disorders, with explicit requirements for age restrictions and age assurance measures in their terms of service.
• Transparency and Freedom of Expression: Platforms must establish clear terms of service regarding content restrictions and provide users with tools to control the content they encounter, especially in categories like self-harm, hate speech, and abuse. Companies are required to be transparent about their content moderation policies, offering a right of appeal for deleted posts and limiting the removal of legal content.
• Communication Offences: The Act refines communication offences to protect legitimate free speech while introducing specific offences for activities such as targeting individuals with epilepsy with harmful content.

The UK Online Safety Act’s implications for UK businesses

The Act presents a range of challenges and considerations for businesses operating in or targeting the UK market, especially those in the digital sector.

As businesses adapt to the landscape shaped by the Act, a proactive approach to compliance is essential for
companies affected by this legislation. 

The Act is anticipated to impact over 25,000 tech companies in the UK. Smaller platforms may face heightened risks due to limited resources for content moderation, and the legislation may introduce new requirements for online age verification, affecting website access.

To align with the new regulations and continue protecting user privacy and rights, companies will need to regularly review their data protection practices, invest in secure and compliant technologies, and seek expert advice to navigate the Act's complexities. This is crucial for maintaining trust and integrity in the digital space.

Given the Act's focus on online safety, we believe businesses must be proactive in content management and risk assessment. This entails a thorough review and adaptation of online policies and practices to align with the Act’s provisions, including meeting OFCOM's regulatory expectations. Social media companies, in particular, need to actively manage content and assess risks, ensuring their policies are transparent and comply with the Act's standards.

If you have any queries or would like further information, please visit our data protection services section or contact Christopher Beveridge.