The Online Safety Act 2023
The Online Safety Act 2023 (the Act) was passed into law on 26/10/23.
The focus of the Act is to protect both children and adults online. In doing so, social media companies and search services must comply with robust duties to ensure that their users are safe whilst using their online platforms.
Online Safety is independently regulated by Ofcom. The Act requires Ofcom to develop guidance and codes of practice setting out how online platforms can meet their online safety obligations.
Ofcom enjoys wide ranging powers to assess and enforce provider compliance.
The Act introduced the following criminal offences, all of which came into effect on 31/01/24:
- encouraging or assisting serious self-harm
- cyberflashing
- sending false information intended to cause non-trivial harm
- threatening communications
- intimate image abuse
- epilepsy trolling
An online suicide forum is currently subject to the first ever investigation under the Act. Ofcom have announced that they are investigating whether the forum in question failed to implement safety measures to protect its users from illegal content, including encouraging or assisting suicide (a criminal offence). This is the first ever investigation of its kind under the Act.
If you are under investigation or facing criminal proceedings concerning alleged offences under the Online Safety Act 2023, you can speak with one of our lawyers in confidence.
We have four offices and are available 24hours a day, 365 days of the year.
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