Online Safety Regulation

We are an internationally recognised firm with the unique mix of expertise needed to advise businesses, organisations and individuals in the new era of online safety regulation.

As part of a global trend towards greater regulation of the online space, the UK has introduced a new regulatory framework imposing legal duties on the providers of content-hosting and search platforms to improve and protect the safety of users of those platforms. The duties will fall on roughly 100,000 online services in the UK. 

The Online Safety Act 2023 brings about new, significant, and potentially onerous changes to how entities must conduct their operations in terms of risk assessment, content moderation, protection of children, reporting and transparency.

Ofcom, the regulator responsible for the implementation and enforcement of the new online safety framework, has expansive new powers to ensure compliance and will be working alongside other regulators within the UK and internationally. Failing to comply with the requirements of the legislative regime may result in investigation, penalties, criminal convictions and fines, and orders restricting ongoing operations - along with the possibility of criminal liability for senior management.

How can we help

Our online safety team, made up of highly experienced public, criminal, media, data protection and safeguarding lawyers, is uniquely placed to assist businesses, organisations and individuals who will be impacted by the Online Safety Act.

• Consultation and challenge: Our public law team can advise upon engaging with consultation on the critical detail contained within codes of practice, guidance and supporting regulations, as well as challenges by way of  judicial review.
   
• Compliance: Given our expertise in technology law working with established companies, entrepreneurs and start-ups, and with the insight of our safeguarding and data protection specialists, we can help businesses and senior individuals by advising on compliance with the new regime.
   

• Terms and conditions: Our specialist commercial lawyers can advise businesses upon mandatory terms that must be included in customer-facing terms of service.

• Regulatory enforcement and appeal: Our specialist media, criminal and public law experts can assist in all aspects of Ofcom enforcement, from responding to enquiries to dealing with formal investigations into alleged regulatory breaches.
   

• Criminal proceedings: Drawing upon our track-record of representing those affected by, or accused of, cyber crime or criminal liability attaching as directors or senior managers, we can advise on the new offences within the Online Safety Act.

• International reach: The extraterritoriality of investigation and enforcement powers, which encompass collaboration with overseas regulators, provides an international dimension to online safety. We are experienced in dealing with overseas and cross-border investigations.

FAQs

Which companies will be affected by online safety regulation?

The Online Safety Act imposes duties on the providers of “regulated services”. "Regulated services" include user-to-user services which share user-generated content (such as social media platforms), and search services (such as search engines). As well as social media companies and search engines, this would include forums and messaging apps, online games and cloud storage. Ofcom expects more than 100,000 online services to fall within scope of the new online safety framework, with the largest social media platforms and search engines subject to enhanced duties. 

Will the legislation apply to companies outside of the UK?

A regulated service which “has links with the United Kingdom” will fall within the scope of the legislation. Services are considered have links with the UK if they:

• Have a significant number of users in the UK;
• The UK is one of their target markets (or their only target market); or
• The service is capable of being used in the UK by individuals and there are reasonable grounds to believe that the content of, or on, the service presents a material risk of significant harm to individuals in the UK.

Depending on the extend of the UK usership and/or the content of the material accessible on the service platform, this means that companies to which the legislation could apply include:

• Platforms that host user-generated content that can be accessed by users in the UK; and
• Services that facilitate an interaction between users where one or more is based in the UK.

What are the main duties that will be imposed upon businesses by the new Online Safety Act?

Businesses that provide regulated services will have a duty to remove illegal content from their platforms, conduct risk assessments and put in place systems to protect children from harmful content. Some larger platforms are also required to provide tools to empower adult users to avoid harmful content. Ofcom will issue codes of practice and guidance which will detail the measures and steps that businesses will need to take to ensure compliance with their new duties.

Could individuals be held criminally liable under the new law?

Yes. Where an entity providing a regulated service commits an offence under the Act - such as failing to comply with an information request or providing false information in response to the information request - it is a criminal offence for “senior managers” (who must be named by the entity) to have failed to take all reasonable steps to prevent that offence being committed.  Offences are punishable by a range of penalties, including a fine and up to two years’ imprisonment.

In addition, officers of an entity - including directors, managers, associates, secretaries and partners - who consent to or conspire in an entity’s commitment of an offence may be held criminally liable, along with the entity, and face a fine or up to two years’ imprisonment. They may also be criminally liable if the offence by the entity is attributable to any neglect on the part of the officer.  

How will online safety regulation be enforced?

Ofcom is responsible for overseeing and enforcing the implementation of the new online safety regime, working closely with law enforcement and other UK regulators, such as the Information Commissioner’s Office, as well as international online safety regulators where necessary. Ofcom has a broad range of enforcement and information gathering powers, with associated offences, to facilitate its role. Ofcom is able to issue fines of up to 10% of a company’s global annual turnover, and may also seek court orders restricting provision of a platform’s service.