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  Key online safety measures and status
 

Key online safety measures

Status

Additional commentary regarding status

Online Safety Act (2023)

Law

Received Royal Assent on 26 October 2023.

Consists of framework of statutory duties to be supplemented by secondary legislation and Codes of Practice.

Phased approach to application of the Act, with first tranche of measures (regarding illegal harms) expected to come into force in March 2025.


  Key concepts

   Scope of online safety measure(s)

Applies to:

  • User-to-user services
  • Search services
  • Services that feature provider pornographic content

   Online harms addressed

  • Illegal content (including pornographic, terrorist and CSEA (Child Sexual Exploitation and Abuse) content)
  • Content which is lawful but harmful to children
  • Fraudulent advertising

   Territorial scope

Applies to UK-based services as well as services based abroad which have 'links to the UK' (based on number of UK users, target audience and risks to UK users).


   Penalties and enforcement

Wide enforcement powers including: notices of contravention; business interruption measures (eg, service restriction orders imposed on service providers or ancillary providers); fines of up to the higher of £18 million or 10% of global annual revenue; and criminal offences for senior management.



  Key takeaways
 

Proportionate tiered risk-based approach in terms of duties applicable to different categories of platforms

More comprehensive requirements for in-scope services that have a higher reach and present a higher risk

More stringent approach for children with regard to lawful but harmful content

More proactive approach required to compliance, compared to the existing reactive approach

Elevated importance of user choice and terms and conditions as part of 'triple shield' approach

Requirement to balance compliance with online safety duties with free speech considerations


Key contacts

Hayley Brady photo

Hayley Brady

Partner, Head of Media and Digital, UK, London

Hayley Brady
Claire Wiseman photo

Claire Wiseman

Knowledge Lawyer, London

Claire Wiseman
James Balfour photo

James Balfour

Senior Associate, London

James Balfour
Rachel Kane photo

Rachel Kane

Senior Associate, London

Rachel Kane

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TMT Disputes Technology, Media and Entertainment, and Telecommunications Technology, Media and Telecoms Hayley Brady Claire Wiseman James Balfour Rachel Kane