On December 16, 2024, the Office of Communications (Ofcom) announced the publication of Guidance and Codes of Practice pursuant to the Online Safety Act. Ofcom highlighted the Guidance and Codes of Practice were published four months ahead of a statutory deadline established by the Act, which received passage on October 26, 2023.

What is the scope of the Online Safety Act?

The Act applies to user-to-user services such as social media photo and video-sharing services, chat and instant messaging platforms, online and mobile gaming, as well as search services and pornography sites. Ofcom outlined that the Act makes companies that operate a wide range of popular online services legally responsible for keeping people, especially children, safe online, and that companies in scope would be required to assess and manage safety risks arising from content and conduct on their sites and apps.

Notably, Ofcom clarified that organizations subject to the Act have until March 16, 2025, to complete an assessment to understand the risks illegal content poses to children and adults on their platform.

What Guidance and Codes of Practice have been published?

Ofcom published the following documents:

• Risk Assessment Guidance and Risk Profiles;
• Register of Risks;
• Recording Keeping and Review Guidance;
• Illegal Content Judgements Guidance;
• Online Safety Enforcement Guidance;
• Guidance on content communicated 'publicly' and 'privately' under the Online Safety Act;
• draft Illegal content Codes of Practice for user-to-user services; and 
• draft Illegal content Codes of Practice for search services.

Ofcom outlined that small and medium-sized service providers may want to start with risk assessment guidance, while large service providers may want to use the risk assessment guidance in combination with the digital tool on checking compliance with illegal content.

In addition, Ofcom noted that it will publish further guidance under the Act. In January 2025, Ofcom plans to publish age-assurance content for publishers of pornographic content, followed by guidance on protecting women and girls in February 2025, and additional protections for children in April 2025.

Further, Ofcom requested public comments on Technology Notices to deal with terrorism content and/or child sexual exploitation and abuse (CSEA) material. Specifically, the draft Guidance on Technology Notices outlines minimum standards of accuracy for terrorism and/or CSEA content identification technologies, and how Ofcom exercises technology notice powers.

Public comments may be submitted using the response form until March 10, 2025.

You can read the press release here, access the Guidance and Codes of Practice here, and the draft Technology Notice here.