The Online Safety Act officially received Royal Assent on 26th October 2023, marking a historic milestone in internet safety and choice. Regulated to address the evolving challenges of the digital age, this groundbreaking legislation imposes world-leading legal obligations on social media platforms, cementing the United Kingdom as the global benchmark for online safety.
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Protecting Children, Empowering Adults: A Zero-Tolerance Approach
The Act demonstrates a steadfast commitment to shielding children from online harm while granting adults greater autonomy over online experiences. Drawing from intensive deliberations in both the House of Commons and the House of Lords, the legislation mandates tech companies to proactively prevent and swiftly remove illegal content, such as terrorism and revenge pornography.
In a landmark move, social media platforms will now be held legally responsible for curbing children’s exposure to harmful content such as bullying, self-harm promotion, eating disorders, and explicit material. Failure to comply with these regulations could result in substantial fines, potentially reaching billions of pounds, and even imprisonment for company executives who neglect the stipulations of Ofcom.
A Pioneering Approach to Internet Governance
Technology Secretary Michelle Donelan praised the legislation, emphasizing its pivotal role in safeguarding online spaces for current and future generations. The Act positions the UK as a global leader in online safety by placing the onus on social media platforms to:
- Rapidly remove or prevent illegal content, including material promoting self-harm.
- Restrict children’s access to harmful content, enforcing age limits and age-checking measures.
- Enhance transparency regarding risks to children, including the publication of risk assessments.
- Provide accessible avenues for reporting online issues for both parents and children.
Championing Child Safety and Combatting Cybercrime
Home Secretary Suella Braverman highlighted the Act’s robust protections for children, particularly against the escalating threat of child sexual abuse on social media platforms. The legislation aims to leave no refuge for criminals engaging in online activities that harm children.
Furthermore, the Act fortifies measures against violence directed at women and girls, with stricter provisions addressing the non-consensual sharing of intimate images and the creation of deepfakes. Offenders now face the prospect of imprisonment, with criminal charges carrying sentences of up to two years.
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Empowering Users and Ensuring Accountability
In addition to prioritizing children’s safety, the Act empowers adults with enhanced control over their online experiences. Social media platforms are now obligated to:
- Remove illegal content promptly.
- Enforce promises made through terms and conditions when users sign up.
- Provide users with filtering options to exclude content they find objectionable.
Non-compliance with these regulations could result in fines of up to £18 million or 10% of a platform’s global annual revenue, ensuring a robust framework for accountability.
Collaboration and Readiness for Change
The NSPCC Chief Executive, Sir Peter Wanless, hailed the enactment of the Online Safety Act as a watershed moment. With a solid focus on protecting children, tech companies are now legally compelled to prevent sexual abuse and safeguard children from avoidable harm.
Ofcom Chief Executive Dame Melanie Dawes emphasized that these new laws empower Ofcom to create a safer online environment through a phased approach, prioritizing mitigating the most harmful content. Social media companies have already begun proactive changes, with TikTok and Snapchat taking early steps to enhance age verification and remove underage accounts.
Immediate Action: Ofcom’s Consultation Process Begins
Anticipating the Act’s enforcement, Ofcom will commence work immediately to tackle illegal content, launching a consultation process on 9th November 2023. The phased implementation of the Online Safety Act will prioritize the swift enforcement of rules against the most harmful content, with most provisions taking effect in two months. While the digital landscape evolves, the UK is a beacon of progress, leading the charge in creating a safer, more responsible online environment for all.
