UK Online Safety Act: Difference between revisions
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While the press release says "the measures platforms have to put in place must confirm your age without collecting or storing personal data, unless absolutely necessary,"<ref name=":3">{{Cite news |last=Kyle |first=Peter |date=2025-08-01 |title=Keeping children safe online: changes to the Online Safety Act explained |url=https://www.gov.uk/government/news/keeping-children-safe-online-changes-to-the-online-safety-act-explained |access-date=2025-08-16 |work=Gov.UK}}</ref> the legislation requires that companies track usage by specific people and provide data and/or remote access to Ofcom on demand ([https://www.legislation.gov.uk/ukpga/2023/50#section-100 Section 100]) <ref name=":1">{{Cite journal |date=2025-07-25 |title=Online Safety Act 2023 |url=https://www.legislation.gov.uk/ukpga/2023/50 |journal=UK Public General Acts |volume=2023 |issue=50}}</ref> | While the press release says "the measures platforms have to put in place must confirm your age without collecting or storing personal data, unless absolutely necessary,"<ref name=":3">{{Cite news |last=Kyle |first=Peter |date=2025-08-01 |title=Keeping children safe online: changes to the Online Safety Act explained |url=https://www.gov.uk/government/news/keeping-children-safe-online-changes-to-the-online-safety-act-explained |access-date=2025-08-16 |work=Gov.UK}}</ref> the legislation requires that companies track usage by specific people and provide data and/or remote access to Ofcom on demand ([https://www.legislation.gov.uk/ukpga/2023/50#section-100 Section 100]) <ref name=":1">{{Cite journal |date=2025-07-25 |title=Online Safety Act 2023 |url=https://www.legislation.gov.uk/ukpga/2023/50 |journal=UK Public General Acts |volume=2023 |issue=50}}</ref> | ||
Enforcement of this act is done by the UK's Office of Communications ( | Enforcement of this act is done by the UK's Office of Communications (Ofcom). The penalty for breaking these rules is the greater of £18 million and 10% of the person’s qualifying worldwide revenue ([https://www.legislation.gov.uk/ukpga/2023/50#schedule-13-paragraph-4 Schedule 13.4]).<ref name=":1" /> | ||
==Background== | ==Background== | ||
The Online Safety Act is a "Bill to make provision for and in connection with the regulation by | The Online Safety Act is a "Bill to make provision for and in connection with the regulation by Ofcom of certain internet services; for and in connection with communications offences; and for connected purposes."<ref name=":4">{{Cite web |date=2024-08-19 |title=Online Safety Act 2023 |url=https://bills.parliament.uk/bills/3137 |access-date=2025-08-17 |website=UK Parliament: Parliamentary Bills}}</ref> | ||
The Online Safety Act received royal assent on 26 October 2023, following five years of work by | The Online Safety Act received royal assent on 26 October 2023, following five years of work by Carnegie UK, working in concert with over 50 partners. In 2018, Carnegie UK published a series of blogs by William Perrin and Professor Lorna Woods, outlining the proposal for social media regulation. The UK Government published its [https://www.gov.uk/government/consultations/online-harms-white-paper White Paper] on 8 April 2019, tackling online harm, with a duty of care approach at its core. Carnegie UK ended their work on the Online Safety Act in October 2023.<ref name="online-safety-and-carnegie-uk">{{Cite web |last=Davidson |first=Sarah |date=26 October 2023 |title=Online safety and Carnegie UK |url=https://carnegieuk.org/blog/online-safety-and-carnegie-uk/ |archive-url=https://web.archive.org/web/20250701203854/https://carnegieuk.org/blog/online-safety-and-carnegie-uk/ |archive-date=2025-07-01 |access-date=2025-08-17 |website=Carnegie UK}}</ref> | ||
The bill was sponsored by | The bill was sponsored by Michelle Donelan, the (now former) Conservative MP for Chippenham and Lord Parkinson of Whitley Bay, a current member of the House of Lords. Both on behalf of the UK Department for Digital, Culture, Media and Sport. <ref name=":4" /> | ||
The Online Safety Act is one act in two different stages. The original that reached royal assent on 26 October 2023 under | The Online Safety Act is one act in two different stages. The original that reached royal assent on 26 October 2023 under Rishi Sunak's Conservative government, and the amended version in 2025, under Kier Starmer's Labour government. In February 2025, amendments related to making corporations more accountable for the content on their websites, as well as accountability for people accessing inappropriate content were brought to and voted on in parliament. The bill was changed again in May 2025 to include biometric face scans and government ID requirements, which was was not voted on in parliament. | ||
[ | [https://avpassociation.com/ Age Verification Providers Association (AVPA)] was formed in 2018 and is growing rapidly as the age and identity provider industry takes off. It represents all main technology suppliers who have invested in the development of age verification solutions to support the implementation of age restrictions online. <ref>{{Cite web |title=Age Verification Providers Association |url=https://avpassociation.com/}}</ref> | ||
==The impact== | ==The impact== | ||
Since the UK Online Safety Act applies to search services and services that allow users to post content online or to interact with each other, <ref name=":2" /> it has a broad impact across the entire internet for those accessing websites from within the UK. All online services that | Since the UK Online Safety Act applies to search services and services that allow users to post content online or to interact with each other, <ref name=":2" /> it has a broad impact across the entire internet for those accessing websites from within the UK. All online services that Ofcom deems to be within the scope of the Online Safety Act must incorporate an identity verification process to determine each user's age.<ref name=":3" /> This has forced many websites to geo-block the UK because they are too small to justify or afford implementing their own the identity verification process or partnering with a third provider. A list of affected websites is available on [https://OnlineSafetyAct.co.uk OnlineSafetyAct.co.uk]. | ||
===Spotify=== | ===Spotify=== | ||
To view age-restricted content on [[Spotify]], users in the UK are now asked for facial scanning; if that fails, ID verification can only correct the error.<ref>{{Cite news |last=Cole |first=Samantha |title=Spotify Is Forcing Users to Undergo Face Scanning to Access Explicit Content |url=https://www.404media.co/spotify-uk-age-check-verification-yoti/ |access-date=3 August 2025 |work=404 Media |date=30 July 2025 |archive-url=https://archive.today/20250730160610/https://www.404media.co/spotify-uk-age-check-verification-yoti/ |archive-date=30 July 2025 |url-status=live}}</ref> | To view age-restricted content on [[Spotify]], users in the UK are now asked for facial scanning; if that fails, ID verification can only correct the error.<ref>{{Cite news |last=Cole |first=Samantha |title=Spotify Is Forcing Users to Undergo Face Scanning to Access Explicit Content |url=https://www.404media.co/spotify-uk-age-check-verification-yoti/ |access-date=3 August 2025 |work=404 Media |date=30 July 2025 |archive-url=https://archive.today/20250730160610/https://www.404media.co/spotify-uk-age-check-verification-yoti/ |archive-date=30 July 2025 |url-status=live}}</ref> | ||
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===4Chan=== | ===4Chan=== | ||
4chan is a simple image-based bulletin board where anyone can post comments and share images | |||
====Ofcom's investigation==== | ====Ofcom's investigation==== | ||
On 14 April 2025, | On 14 April 2025, Ofcom issued a formal information notice to the provider of the service 4chan requesting a copy of the record of its Illegal Content Risk Assessment, as part of our [https://www.ofcom.org.uk/online-safety/illegal-and-harmful-content/enforcement-programme-to-monitor-if-services-meet-their-illegal-content-risk-assessment-and-record-keeping-duties-under-the-online-safety-act-2023 Risk Assessment Enforcement Programme]. At the date of opening this investigation, no response has been received to the information notice. <ref>{{Cite web |date=2025-08-13 |title=Investigation into 4chan and its compliance with duties to protect its users from illegal content |url=https://www.ofcom.org.uk/online-safety/illegal-and-harmful-content/investigation-into-4chan-and-its-compliance-with-duties-to-protect-its-users-from-illegal-content |archive-date=2025-06-15 |access-date=2025-08-18 |website=Ofcom}}</ref> | ||
On 10 June 2025 Ofcom opened an investigation into "the online discussion board" 4chan. The investigation will consider 4chan's compliance with its duties under the Online Safety Act 2023. Ofcom has powers under [https://www.legislation.gov.uk/ukpga/2023/50#section-102-8 section 102(8)] of the Act to require persons to respond to an information notice in the manner and form specified. | On 10 June 2025 Ofcom opened an investigation into "the online discussion board" 4chan. The investigation will consider 4chan's compliance with its duties under the Online Safety Act 2023. Ofcom has powers under [https://www.legislation.gov.uk/ukpga/2023/50#section-102-8 section 102(8)] of the Act to require persons to respond to an information notice in the manner and form specified. | ||
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===Electronic Frontier Foundation=== | ===Electronic Frontier Foundation=== | ||
The | The Electronic Frontier Foundation (EFF) posted an article entitled [https://www.eff.org/deeplinks/2025/08/no-uks-online-safety-act-doesnt-make-children-safer-online No, the UK’s Online Safety Act Doesn’t Make Children Safer Online], and covers the threat to privacy of internet users and how the bill restricts free expression by arbitrating speech online, exposing users to algorithmic discrimination through face checks, and leaves millions of people without a personal device or form ID excluded from accessing the internet. | ||
"The internet must remain a place where all voices can be heard, free from discrimination or censorship by government agencies. If the UK really wants to achieve its goal of being the safest place in the world to go online, it must lead the way in introducing policies that actually protect all users—including children—rather than pushing the enforcement of legislation that harms the very people it was meant to protect."<ref>{{Cite web |last=Collings |first=Paige |date=2025-08-01 |title=No, the UK’s Online Safety Act Doesn’t Make Children Safer Online |url=https://www.eff.org/deeplinks/2025/08/no-uks-online-safety-act-doesnt-make-children-safer-online |archive-url=https://web.archive.org/web/20250812070622/https://www.eff.org/deeplinks/2025/08/no-uks-online-safety-act-doesnt-make-children-safer-online |archive-date=2025-08-12 |access-date=2025-08-17 |website=Electronic Frontier Foundation}}</ref> | "The internet must remain a place where all voices can be heard, free from discrimination or censorship by government agencies. If the UK really wants to achieve its goal of being the safest place in the world to go online, it must lead the way in introducing policies that actually protect all users—including children—rather than pushing the enforcement of legislation that harms the very people it was meant to protect."<ref>{{Cite web |last=Collings |first=Paige |date=2025-08-01 |title=No, the UK’s Online Safety Act Doesn’t Make Children Safer Online |url=https://www.eff.org/deeplinks/2025/08/no-uks-online-safety-act-doesnt-make-children-safer-online |archive-url=https://web.archive.org/web/20250812070622/https://www.eff.org/deeplinks/2025/08/no-uks-online-safety-act-doesnt-make-children-safer-online |archive-date=2025-08-12 |access-date=2025-08-17 |website=Electronic Frontier Foundation}}</ref> | ||
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UK Parliament considers all petitions that get more than 100,000 signatures for debate. On 28 July 2025, when the petition to repeal the act had about 400,000 signatures, the government responded with this message: "The Government has no plans to repeal the Online Safety Act, and is working closely with Ofcom to implement the Act as quickly and effectively as possible to enable UK users to benefit from its protections.", only a few days after coming into force.<ref name=":0" /> This was only after three days (25 July 2025) the "highly effective age assurance" requirement came into force.<ref>{{Cite web |last=Department for Science, Innovation and Technology |date=2025-07-24 |title=Collection: Online Safety Act |url=https://www.gov.uk/government/collections/online-safety-act |website=Gov.UK}}</ref> | UK Parliament considers all petitions that get more than 100,000 signatures for debate. On 28 July 2025, when the petition to repeal the act had about 400,000 signatures, the government responded with this message: "The Government has no plans to repeal the Online Safety Act, and is working closely with Ofcom to implement the Act as quickly and effectively as possible to enable UK users to benefit from its protections.", only a few days after coming into force.<ref name=":0" /> This was only after three days (25 July 2025) the "highly effective age assurance" requirement came into force.<ref>{{Cite web |last=Department for Science, Innovation and Technology |date=2025-07-24 |title=Collection: Online Safety Act |url=https://www.gov.uk/government/collections/online-safety-act |website=Gov.UK}}</ref> | ||
The technology minister | The technology minister Peter Kyle said on Good Morning Britain, "if you want to overturn the Online Safety Act you are on the side of predators. Not those who want to keep children safe."<ref>{{Cite news |date=2025-07-29 |title=Peter Kyle Says 'Nigel Farage Is on the Side of Predators' |url=https://www.youtube.com/watch?v=y-MaeOLISlA |access-date=2025-08-16 |work=Good Morning Britain, Youtube}}</ref> | ||
==References== | ==References== |