The Online Safety Act 2024 has introduced stringent regulations, mandating social media platforms to actively combat criminal activities on their sites. This legislation, which received Royal Assent on 26 October 2023, aims to make the internet a safer environment, particularly for young users.
Ofcom, the media regulator, has published its first codes of practice for addressing illegal harms under the Online Safety Act. These codes outline the measures that online services must take to tackle serious issues such as child sexual abuse, terrorism, and other forms of illegal content. Websites and apps are given until March 2025 to assess the risks posed by illegal content to both children and adults. Following this deadline, companies will be required to implement robust risk mitigation strategies, including enhanced content moderation, simplified reporting mechanisms, and improved algorithmic testing to limit the spread of “harmful content”.
Some of the criteria aren’t strictly defined, which will allow for selective pressure to be applied. And we all know which social network will be the main target, don’t we?
Under the Act, social media companies are obligated to remove content that incites violence, spreads hate speech, or disseminates misinformation. Users can be reported and face penalties, including suspension or banning from the platform, for violating these rules. The legislation balances the protection of users from harm with the preservation of freedom of expression, allowing for lawful discussion and debate while prohibiting content that could incite violence or cause harm.
Play by the rules, but the rulebook is in progress
Melanie Dawes, the CEO of Ofcom, emphasized that the regulator will closely monitor the industry to ensure compliance with these new safety standards. She indicated that additional requirements will be introduced in the first half of 2025.
Non-compliance with these regulations can result in severe penalties. Ofcom has the authority to impose fines of up to £18 million or 10% of the company’s global revenue, and in serious cases, this could also lead to business disruption or criminal penalties.
The Online Safety Act applies to a wide range of online services, including search engines, user-to-user interaction platforms, and any other services that publish user-created content. This encompasses various businesses such as consumer file or video sharing sites, forums, chat facilities, dating services, and online instant messaging services. The Act’s provisions also cover over 100,000 online services and include 130 “priority offences” that firms must proactively address through their content moderation systems.
