The Online Safety Act: A Positive Step with Room for Improvement

The recent development of the Online Safety Act (OSA) after one year on from it receiving Royal Assent, marks a significant advancement for online safety regulation in the United Kingdom. The UK Safer Internet Centre (UKSIC) continues to welcome the Act’s potential, recognising it as a pioneering move that places the UK at the forefront of global online safety efforts. However, as the Act begins its implementation phase, we continue to see areas where the legislation could do more to protect users online and address critical gaps.

The Online Safety Act, which received Royal Assent on October 26, 2023, has positioned the UK as a global leader in addressing the complex and evolving risks posed by digital platforms. Under this new regime, Ofcom, the appointed regulator, is taking on a monumental task, publishing codes of practice and providing a roadmap that will help enforce this legislation going forwards.

Consultations are ongoing to gather insights and adapt to the ever-changing online environment that continues to evolve, and we are hopeful these will further shape a safer internet for all. This is a positive step, but we need to acknowledge that the Act, in its current form, has limitations that will leave internet users vulnerable.

While the OSA establishes a regulatory framework, there are significant omissions, particularly around protections against non-consensual intimate image (NCII) abuse. This is a critical gap; without stronger measures to prevent the spread of NCII, individuals remain at risk of serious harm.  We await the anticipated Ofcom’s draft guidance on protecting women and girls in February 2025, with the expectation that relevant measures will be included for platforms, specifically that hashing technologies should be deployed to combat VAWG (e.g. StopNCII.org).

Additionally, as the current Video Sharing Platform (VSP) regime continues along its phased repeal since September 2024, users will lose an important route for complaints and redress. Under the current OSA, users lack a clear alternative dispute resolution mechanism, leaving them with limited options if they are victimised by harmful content or conduct online. The UKSIC stands ready to help fill this gap, but legislative support and resources are essential.

The slow pace of implementation is another concern. Although the Act will formally come into force next year with the publication of Ofcom’s codes, it is essential to act swiftly to prevent further harm. Online dangers evolve rapidly, and delays in enforcement mean that vulnerable users may face prolonged exposure to harmful content. We urge policymakers and regulators to accelerate efforts where possible to better safeguard internet users with the risks that are happening in real-time. As an example, we encourage companies looking to make sure their platforms are compliant with the provisions set out in the new legislation to join the Internet Watch Foundation as Members to make sure they are doing their part in eradicating CSAM from online spaces.

Ofcom’s role in regulating online safety through the OSA is commendable, and the roadmap they have published is a significant step toward building a safer digital environment. However, in working within this unpredictable landscape, the UK Safer Internet Centre feels that Ofcom’s current interpretation of the Act is still too narrow. A more comprehensive approach is required—one that addresses a broader range of online harms and includes robust mechanisms for Alternative Dispute Resolutions, ensuring that individuals have robust avenues for complaints. It is also important for Ofcom to ensure age-appropriate access to content and features, rather than just divide everything into an under 18 vs over 18 category. By broadening the interpretation of the Act, we can more effectively address the full scope of online risks that threaten internet users, particularly children and other vulnerable groups.

Looking forward, the publication of codes and the full enforcement of the Act are promising developments. The regulatory regime will indeed, start to make impact as the codes come into effect, but we must continue to push for improvements. As the VSP regime is phased out, the government must ensure that alternative mechanisms for user complaints are in place. The Government should address these gaps and continue refining the Act’s implementation to reflect the dynamic nature of online threats.

Moreover, public awareness and education around online safety remain critical yet underfunded areas. Empowering internet users with the knowledge to navigate online risks safely should be a priority in the broader online safety strategy. Funding for organisations like the UK Safer Internet Centre is essential, as we work on the front lines to educate, protect, and advocate for safer internet practices across the UK.

We are also yet to see how robust Ofcom will be in ensuring that companies will use accredited technology or employ their “best endeavours” to ensure that child sexual abuse imagery across private messaging spaces is detected and stopped.

The UK Online Safety Act is a meaningful step toward a safer digital world. Its implementation signifies a world-leading commitment to tackling online harm. However, the Act alone cannot address every risk or meet every need. We encourage the government and Ofcom to address the gaps around NCII protections, Alternative Dispute Resolutions and funding for education to fully realise the Act’s potential.

The OSA provides a strong foundation, but we must continue working together to enhance online safety. By bridging the gaps, accelerating implementation, and ensuring users have effective redress mechanisms. We anticipate that further action will still be required to combat evolving threats such as the rise of AI generated material and the concerning rise in financially motivated sexual extortion (sextortion).  If we achieve this, we can move closer towards a digital environment that is safe, supportive, and inclusive for all.