Geoffrey Caesar, Solicitor

The Online Safety Act 2023 is a significant piece of legislation that will introduce a new duty of care on online platforms to protect users from illegal and harmful content and activity, such as terrorism, child sexual abuse, cyberbullying, fraud and hate speech.

The Online Safety Act will apply to any platform that allows users to share or discover user-generated content or interact with each other online, such as social media platforms, messaging services, video-sharing platforms, online forums, dating apps and online games. The duty of care will require these platforms to take reasonable steps to prevent or remove illegal content and activity on their services and limit the spread of harmful content that may cause significant physical or psychological harm to adults. The duty of care will also require platforms to protect users’ rights to freedom of expression and privacy online and safeguard children from inappropriate content and contact.

The Online Safety Act will have significant implications for social media platforms operating in the UK, as they must ensure they have robust systems and processes to identify, assess and address illegal and harmful content and activity on their services. They must also balance their duty of care with their obligations under data protection, human rights and e-commerce laws.

The Online Safety Act will be enforced by Ofcom, which will have the power to issue codes of practice, guidance and notices to platforms, as well as impose fines of up to 10% of global turnover or £18 million (whichever is higher) for breaches of the duty of care. Ofcom will also have the power to block access to non-compliant platforms or require internet service providers to take action against them.

The Online Safety Act is expected to come into force by mid-2024. Social media platforms should monitor the progress of the legislation and prepare for compliance with the new regime.