The Online Safety Act is now law in the UK, and it’s changing the way digital services must operate. If your business runs a website, app, or platform that allows users to post content or interact with each other, this legislation could apply to you.
What is the Online Safety Act?
The Online Safety Act 2023 is a major piece of legislation intended to make the internet safer for everyone, especially children. It introduces new legal duties for online services to reduce the risk of harm from illegal and harmful content. Ofcom, the UK’s communications regulator, is in charge of enforcing these rules.
Who Needs to Pay Attention?
The Act applies to a wide range of services, including:
- Social media platforms
- Online forums and messaging apps
- Cloud storage and file-sharing services
- Video-sharing platforms
- Any service that allows user-generated content or interaction
Even if your business is based outside the UK, the Act still applies if your service is accessible to UK users and poses a risk of harm.
What Are Your Responsibilities?
The duties under the Act are proportionate. That means smaller businesses won’t be held to the same standards as tech giants, but they still need to take reasonable steps to protect users.
Here’s what you might need to do:
- Assess risks: Identify how your service could be used to spread illegal content or cause harm.
- Take action: Put systems in place to prevent and remove harmful content, these might include content moderation tools, reporting mechanisms, community guidelines, age verification systems or incident response plans.
- Protect children: If your service is likely to be accessed by children, you’ll need extra safeguards.
- Be transparent: Create policies or guidelines that clearly explain what content is allowed and how users can report problems.
- Keep records: Maintain documentation of your risk assessments and safety measures.
What Counts as Harmful Content?
The Act focuses on illegal content, such as terrorism, child sexual abuse material, and fraud. It also covers content that is legal but potentially harmful, especially to children. This includes things like bullying, self-harm encouragement, and age-inappropriate material.
What About Freedom of Expression?
The law requires a careful balance. Businesses must protect users while also respecting their rights to free speech and privacy. Ofcom’s guidance will help you navigate this balance.
What Should You Do Now?
If you’re a small or medium-sized business, here are some practical steps to get started:
- Review your platform: Does it allow user interaction or content sharing?
- Check your audience: Is your service likely to be used by children?
- Read Ofcom’s guidance: Codes of practice are being published to help businesses comply.
- Update your policies: Make sure your terms of service, moderation processes, and reporting tools are up to date.
- Train your team: Ensure staff understand the new duties and how to respond to risks.
The Online Safety Act is a wake-up call for all organisations offering digital services to take user safety seriously. By acting early and understanding your responsibilities, you can protect your users and your business.
If you’re unsure where to start, you can contact us for guidance. Evolve North helps businesses meet their compliance obligations with practical support in cyber security, risk assessments, and policy development. We’ll help you take the right steps to stay safe and compliant. Call us on 01748 905 002 or email info@evolvenorth.com to get started.