Online Safety Act – Consultation on guidance and codes for illegal harms

Today (9 November) Ofcom published its consultation on their guidance and a code of practice for illegal harms under the Online Safety Act (OSA). This is one of the first steps Ofcom needs to take under the OSA to implement the new online safety regime. This consultation covers illegal content involving terrorism and fraud as well as measures to protect children from child sexual exploitation and abuse. It also provides guidance on how to complete a service risk assessment for illegal content. Responses to the consultation must be submitted by 23 February 2024.

Timing

Ofcom has provided a timeline for the implementation of the OSA that it has divided into three phases, with this consultation falling into Phase 1.

Ofcom intends to publish a statement within a year (by the end of 2024) setting out its decisions and final versions of the guidance and codes of practice. The codes of practice on illegal harms will then be presented to the Secretary of State for approval. Once approved by the Secretary of State and Parliament, the Codes will come into force 21 days after they have been issued. Once the consultation process is completed and the guidance comes into force, this will start the clock for the first illegal content risk assessments which must be completed within three months of the publication of the final guidance.

Next Steps

We will be working on a more detailed analysis on what this could mean for providers in scope of the OSA which will be available soon. If you would like our help in responding to the consultation or understanding what it means for your organisation, please get in touch using the contact details below.