UK

What is the status of the Online Safety Act?

Status

 The Online Safety Act ("OSA") received Royal Assent on 26 October 2023, upon which pursuant to s.240(4) OSA certain (though not all) provisions came into force, and Ofcom's powers as an online safety regulator commenced.

Since Royal Assent, the following commencement regulations have been made by the Secretary of State bringing various other provisions into force:

• The Online Safety Act 2023 (Commencement No 1) Regulations 2023 – provisions relating to the cooperation of overseas regulators (in force 22 November 2023)
• The Online Safety Act 2023 (Commencement No 2) Regulations 2023 – a number of provisions, including Ofcom's power to issue information notices, and the transition period for the VSP regime (in force 10 January 2024); and information requests in connection with an investigation into the death of a child (in force 1 April 2024)
• The Online Safety Act 2023 (Commencement No 3) Regulations 2024 – new communications offences (in force 31 January 2024)

Importantly however, the key risk assessment and safety duties on in-scope organisations will not become applicable until relevant Ofcom guidance/codes of practice have been finalised. Ofcom is consulting on its guidance/codes of practice on a phased basis. Businesses will need to conduct their first illegal content risk assessment within 3 months of the relevant guidance being finalised; this is forecast to be Q4 2024-Q1 2025. The other risk assessment and safety duties (including those related to children's harms and for categorised services) will follow.

In relation to providers of pre-existing VSP services, The Online Safety Act 2023 (Pre-existing Part 4B Services Assessment Start Day) Regulations 2024 have set the “assessment start date” for VSPs as 2 Septmber 2024. This means that providers of pre-existing VSP services will need to carry out risk assessments as either within 3 months of the date on which the associated guidance is published, or if Ofcom’s guidance is published before the assessment start date, within 3 months of 2 September 2024. This does not apply however to pre-existing VSPs that are a dissociable section of a larger service, another part of which qualifies as a regulated service under the OSA.

Ofcom has set out a visual Roadmap of its consultation and expected timings for finalisation of its guidance/codes of practice (and resulting timings for complying with the relevant duties) at Creating a safer life online for people in the UK - Ofcom.

What entity has been appointed as regulator for the purposes of the Online Safety Act?

Name: 
The Office of Communications ("Ofcom")

Website - Ofcom
National law dealing with powers and appointment