Online Safety Act countdown: Ofcom progress update

With two months remaining before the first major set of UK Online Safety Act (OSA) provisions come into force, Ofcom has published an update on its progress in implementing the Act, which includes a warning to tech firms that they could face enforcement action if they fail to comply with the new rules.

The OSA is an ambitious and substantial piece of legislation, requiring online platforms and search engines to take a proactive approach to user online safety, focusing on preventing illegal content, and specifically shielding children, and women and girls, from broader forms of harmful content and online behaviour.

As a reflection of the size and complexity of the OSA and the issues it regulates, its implementation is happening in phases, starting with illegal harms rules coming into force from December 2024. Over the last year, Ofcom has been actively engaging with tech companies and conducting consultations ahead of finalising its codes and guidance. The publication of the finalised codes will trigger risk assessment completion deadlines, after which more substantive obligations will come into force.

Ofcom’s latest progress update summarises:

• the consultations it has completed (illegal harms, pornography age verification and children’s safety);
• its advice to Government on the thresholds (large UK user numbers / higher risk) that will determine which services will be “categorised” and subject to additional duties; and
• online safety improvements that some service providers have already implemented, in several cases following their engagement with Ofcom

It also includes an updated project roadmap, giving a more precise overview of key upcoming milestone dates for consultations, finalised guidance and codes, and enforcement dates. This improved clarity will likely be welcomed by service providers as they continue to plan and implement measures in anticipation of the new rules.

Finally, Ofcom emphasises its readiness to take enforcement action against platforms that fail to comply with their new duties, including imposing significant fines where appropriate (which under the OSA can be up to £18 million or 10% of global turnover, whichever is higher). Additionally, in the most serious cases, Ofcom will be able to seek a court order to block access to a service in the UK, or limit its access to payment providers or advertisers.