Online Safety

The UK has introduced a new regulatory framework to tackle online safety, primarily under the Online Safety Act 2023 (the “OSA”). The OSA imposes a range of duties on in-scope online services, aiming in particular to protect children from harmful content and to protect all users from illegal online content and activity.

The OSA is far-reaching and imposes obligations on a very wide range of services – not only those services you would expect to be in scope (for example, social media services and video sharing platforms). Ofcom, the regulator responsible for the enforcement of the OSA, anticipates that over 100,000 online services are likely to be in scope of the OSA, ranging from social media giants to small community forums.

Failure to comply with the OSA risks significant financial penalties and the potential for criminal liability for corporate officers.

How we can help

Compliance

The OSA imposes onerous and complex obligations on a huge range of organisations. Our expertise in Public & Regulatory Law, Data Protection Law and Safeguarding puts us in a unique position to assist organisations to comply with the OSA. We can advise you on whether or not you are in scope of the OSA, assist you in carrying out risk assessments, advise you on appropriate measures to put in place and assist you to handle any complaints or incidents that arise.

Regulatory enforcement

If you’re facing scrutiny from Ofcom or are concerned that you may be in breach of the OSA, we can provide you with strategic advice, considering the legal, commercial and reputational risks you may be facing. We can advise you on how to reduce the risk of formal regulatory action, assist you in responding to regulatory enquiries or how to handle a formal investigation. We can also help you challenge decisions by Ofcom (for example, you may be able to challenge penalty notices or categorisation decisions).

Influencing Ofcom

The introduction of this new regulatory framework provides a unique opportunity for not-for-profits and campaigning organisations to influence both the details of the requirements on services and how those requirements are enforced. Bates Wells are experts at using the law to create change. We can advise you on how to influence Ofcom and help shape the regulatory framework, whether that be assisting you in responding to consultations on the details included within Ofcom’s codes of practice and guidance, challenging Ofcom decisions or campaigning for changes to legislation.

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