On 26 October 2023, the UK’s Online Safety Bill received Royal Assent, becoming the Online Safety Act (“OSA”).  The OSA imposes various obligations on tech companies to prevent the uploading of, and rapidly remove, illegal user content—such as terrorist content, revenge pornography, and child sexual exploitation material—from their services, and also to take steps to reduce the risk that users will encounter such material (please see our previous blog post on the Online Safety Bill).

Scope

The OSA applies to both user-to-user services (“U2U”) and search services.  A U2U is a service through which users can share content online, such as social media and online messaging services.  A search service is an internet service that is, or includes, a search engine, such as Google.

Penalties

If in-scope firms do not comply with the provisions of the OSA, Ofcom has the power to issue a fine of up to £18 million or 10% of global annual revenue, whichever is greater.

Next Steps

The majority of the OSA’s provisions will come into force in two months’ time.  However, certain provisions of the act came into force yesterday, 26 October 2023.  These provisions establish Ofcom, the UK communications regulator, as the online safety regulator, responsible for enforcing the OSA.

Ofcom will publish its first consultation on illegal harms on 9 November 2023.  The consultation will contain proposals for how services can comply with the OSA’s illegal content safety duties and draft codes of practice.  Thereafter, Ofcom has announced that it will take a phased approach to publishing guidance and codes of practice, prioritising the most serious categories of harm in the OSA, including: child safety, pornography, and the protection of women and girls.

We will post an update with further details on the Online Safety Act in due course.

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Photo of Shona O'Donovan Shona O'Donovan

Advising clients on a broad range of data protection, e-privacy and online content issues under EU, Irish, and UK law, Shóna O’Donovan works with her clients on technology regulatory and policy issues.
With multi-jurisdictional and in-house experience, Shóna advises global companies on complying…

Advising clients on a broad range of data protection, e-privacy and online content issues under EU, Irish, and UK law, Shóna O’Donovan works with her clients on technology regulatory and policy issues.
With multi-jurisdictional and in-house experience, Shóna advises global companies on complying with data protection laws in the EU. In particular, she represents organizations in regulatory investigations and inquiries, advises on children’s privacy issues and provides strategic advice on incident response. Shóna also advises clients on policy developments in online content and online safety.

In her current role, Shóna has gained experience on secondment to the data protection team of a global technology company. In a previous role, she spent seven months on secondment to the European data protection team of a global social media company.

Shóna’s recent pro bono work includes providing data protection advice to the International Aids Vaccine Initiative and a UK charity helping people with dementia, and working with an organization specializing in providing advice to states involved in conflict on documenting human rights abuses.

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Photo of Marty Hansen Marty Hansen

Martin Hansen has represented some of the world’s leading information technology, telecommunications, and pharmaceutical companies on a broad range of cutting edge international trade, intellectual property, and competition issues. Martin has extensive experience in advising clients on matters arising under the World Trade…

Martin Hansen has represented some of the world’s leading information technology, telecommunications, and pharmaceutical companies on a broad range of cutting edge international trade, intellectual property, and competition issues. Martin has extensive experience in advising clients on matters arising under the World Trade Organization agreements, treaties administered by the World Intellectual Property Organization, bilateral and regional free trade agreements, and other trade agreements.

Drawing on ten years of experience in Covington’s London and DC offices his practice focuses on helping innovative companies solve challenges on intellectual property and trade matters before U.S. courts, the U.S. government, and foreign governments and tribunals. Martin also represents software companies and a leading IT trade association on electronic commerce, Internet security, and online liability issues.

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Will Capstick

Will Capstick is a Trainee who attended BPP Law School.

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