Ofcom has published an update on its implementation of the Online Safety Act 2023 (“OSA”) together with a preview of its upcoming work in the year ahead.

The update reflects on Ofcom’s work in this area so far, including its consultations on illegal harms and children’s safety (on which we commented here and here), as well as the publication of its advice to the Government on the thresholds that would determine whether a service would be a “categorised service” under the OSA (on which we also commented here). Ofcom also points to its securing better protections from certain UK-based video-sharing platforms, and steps taken by platforms to align with Ofcom’s proposals in its illegal harms consultation to protect children from grooming.

Looking ahead, Ofcom notes that it has a deadline of April 2025 to finalise its codes and guidance on illegal harms and children’s safety. Against that background, it has set out its expected timing for ‘key milestones’. These include the following:

• December 2024: Publication of the first edition of Ofcom’s illegal harms codes and guidance, after which platforms will have three months to complete illegal harms risk assessments;
• January 2025: Publication of children’s access assessment guidance and guidance for pornography providers on age assurance, after which platforms will have three months to assess whether their service is likely to be accessed by children;
• February 2025: Consultation on best practice guidance on protecting women and girls online;
• March 2025: Deadline for platforms to complete illegal harms risk assessments and implement appropriate safety measures;
• April 2025: Deadline for platforms to complete children’s access assessments and publication of Ofcom’s children’s safety codes and guidance, after which companies will have three months to complete children’s risk assessments;
• Spring 2025: Consultation on additional measures for second editions of Ofcom’s codes and guidance; and
• July 2025: Deadline for platforms to complete children’s risk assessments and implement “appropriate safety measures”.

The update makes it clear that Ofcom is prepared to “take strong action if tech firms fail to put in place the measures that will be most impactful in protecting users, especially children, from serious harms such as those relating to child sexual abuse, pornography and fraud”. The Chief Executive, Dame Melanie Dawes, adds that “the time for talk is over. From December, tech firms will be legally required to start taking action, meaning 2025 will be a pivotal year in creating a safer life online. We’ve already engaged constructively with some platforms and seen positive changes ahead of time, but our expectations are going to be high, and we’ll be coming down hard on those who fall short.”

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