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UK Online Safety Act 2023

Page d'accueil UK Online Safety Act 2023

Trying to track the staggered implementation of the UK Online Safety Act 2023 (“OSA”)? You are in safe hands here. See the latest updates and key dates below.

16 December 2024 – Ofcom publishes a consultation on Technology Notice powers

Ofcom has published their consultation on the framework underpinning their Online Safety Technology Notice powers to tackle terrorism and child sexual exploitation and abuse (CSEA) content. The consultation outlines their policy proposals for minimum standards of accuracy for accredited technologies. Their proposed approach would require applicants to complete an accreditation application form and an audit-based assessment before being pooled into categories of technologies and independently performance tested. It also outlines Ofcom’s draft Technology Notice Guidance for service providers. The guidance is expected to cover 8 sections, including: a summary of the legal framework; Ofcom’s approach to the assessment; what might prompt an exercise of the powers; what to expect when Ofcom is considering issuing a Notice; the stages of Ofcom’s process to decide whether to issue a Notice; next steps following the issuing of a Notice; and the disclosure of information about the exercise of Ofcom’s functions. Responses to the consultation will close on 10 March 2025.

16 December 2024 – Ofcom publishes an update on next steps as regulations come into force

Ofcom has published its first-edition codes of practice on tackling illegal harms under the Online Safety Act. The publication of these codes means that providers now have until 16 March 2025 to complete their illegal harms risk assessment and must start implementing safety measures to mitigate these risks from 17 March 2025. Ahead of these deadlines, Ofcom has reiterated the extent of its enforcement powers. Namely, Ofcom has the power to fine companies up to £18m or 10% of their qualifying world revenue (QWR), as well as the power to apply for a court order to block a site in the UK. Ofcom has also outlined the most important changes delivered by the codes and guidance. These changes include senior accountability for safety; better moderation, easier reporting, and built-in safety tests; and protecting children from sexual abuse and exploitation online.

16 December 2024 – Statement by the SoS approving the categorization thresholds

Government has approved Ofcom’s draft Regulations setting out the threshold conditions for Category 1, 2A and 2B services under the Act. The threshold conditions are: (1) Category 1: (i) services with content recommender systems and a user base of 34 million UK users; or (ii) services with content recommender systems, the ability for users to forward or re-share existing content on the service, and a user base of 7 million UK users; (2) Category 2A: non-vertical search services with more than 7 million UK users; or (3) Category 2B: user-to-user services that allow users to send direct messages and have more than 3 million UK users.

20 November 2024 – Government publishes a draft Statement of Strategic Priorities covering online safety policy priorities

The government have published a draft Statement setting out their strategic priorities for online safety, marking the first time the power is being exercised by the government. The purpose for the statement is to set out priorities for Ofcom to consider when exercising its regulatory functions and to guide the government’s implementation of the Online Safety Act. Ofcom will also have to report back to the Secretary of State on what action it has taken to ensure the priorities are being upheld. The five priorities include (1) safety by design, (2) transparency and accountability, (3) agile regulation, (4) inclusivity and resilience, and (5) technology and innovation. 

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