Online Safety Act comes into force

UK – Online platforms have to abide by measures to protect UK citizens from criminal activity from today ( 17th March) as the Online Safety Act comes into force.

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UK media regulator Ofcom confirmed it would be launching an enforcement programme to assess industry compliance with the new law, with service providers now having gone beyond the act’s deadline to carry out a suitable and sufficient illegal harms risk assessment.

The assessments were designed to set out how likely it is that users of an online platform could encounter illegal content on their service or how the platforms could be used to commit or facilitate certain criminal offences.

From 17th March, new illegal harms duties have come into force, meaning platforms have to start implementing appropriate measures to remove illegal material quickly when they become aware of it, and to reduce the risk of ‘priority’ criminal content from appearing in the first place.

Ofcom said it would assess platforms’ compliance with the act and launch targeted enforcement action where it found concerns, including issuing fines of up to 10% of turnover or £18m – whichever is greater – or to apply to a court to block a site in the UK in the most serious cases.

Early enforcement action will focus on preventing the spread of child sexual abuse material online, Ofcom said, and the organisation has written to a number of services ahead of sending them formal information requests regarding the measures they have in place, or will soon have in place, to tackle the issue.

Ofcom’s preliminary supervision activity has also involved working closely with law enforcement agencies and other organisations, including the Internet Watch Foundation (IWF), the Canadian Centre for Child Protection and the National Centre for Missing and Exploited Children, to identify file-sharing and file-storage services at highest risk of hosting images.

Suzanne Cater, enforcement director at Ofcom, said: “Platforms must now act quickly to come into compliance with their legal duties, and our codes are designed to help them do that. But, make no mistake, any provider who fails to introduce the necessary protections can expect to face the full force of our enforcement action.”

Derek Ray-Hill, interim chief executive officer at the IWF, added: “We stand ready to work alongside Ofcom as it enforces the Online Safety Act, and to help companies to do everything they can to comply with the new duties.

“The Online Safety Act has the potential to be transformational in protecting children from online exploitation. Now is the time for online platforms to join the fight and make sure they are doing everything they can to stop the spread of this dangerous and devastating material.”

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