On Nov. 23, UKP, UK DSIT issued commencement of online safety act.
UKP and UK DSIT published the Online safety act 2023 (commencement no. 1) regulations 2023 (StIn 2023/1242) made under the Online safety act 2023.
Follows UKP, UK DSIT Oct. 2023 announced online safety now law, see #189465.
Document dated Nov. 21, 2023, received from UKP Nov. 23, summarized on Nov. 27.
Section 114 Overseas Regulators
Regulations bring section 114(2) and (7) of the Online safety act 2023 into force.
Section 114(1) of the act grants OFCOM an express power to co-operate with an overseas regulator, including by disclosing online safety information to that regulator.
For purposes of (a) facilitating the exercise by the overseas regulator of any of that regulator’s online regulatory functions, or (b) criminal investigations or proceedings relating to a matter to which overseas regulator’s online regulatory functions relate.
Section 114(2) provides that OFCOM’s power to co-operate only applies in relation to an overseas regulator specified in regulations made by the secretary of state.
Section 114(7) defines certain terms for the purposes of section 114, including the terms online regulatory functions, online safety information and overseas regulator.
Effectiveness
Subsections (2) and (7) of section 114 of the Online safety act 2023 comes into force on the day after the day on which these regulations are made, on Nov. 22, 2023.
Dec. 2023 Further Commencement
On Dec. 21, 2023, UK GVT, UK DSIT published Online safety act 2023 (commencement no. 2) regulations 2023, (StIn 2023/1420), accompanied by correction (c 101).
Numerous provisions of the act specified in reg 2 come into force Jan. 10, 2024 whereas provisions specified in reg 3 (ie ss 101, 102) come into force on Apr. 1, 2024.
Jan. 2024 Commencement No. 3
On Jan. 15, 2024, UKP, UK DSIT published The online safety act 2023 (commencement no. 3) regulations 2024 (StIn 2024/31), which was made on Jan. 10, 2024.
Part 10 of the Online safety act 2023 comes into force on Jan. 31, 2024.
Jan. 31, 2024 Act in Force
On Jan. 31, 2024, UK DSIT confirmed that the Online safety act was now in force.
UK DSIT also published Online safety act: new criminal offences circular, detailing new crimes from cyberflashing to fake news, epilepsy-trolling, making death threats, etc.
These are now written into the statute book and criminals can face up to five years in prison; some will be bolstered when the Criminal justice bill goes through Parliament.
In Mar. 2024, UK DSIT wrote to Ofcom on categorization of services, see #206146.
In Nov. 2024, UK GVT added duty to protect against revenge porn, see #234423.
Dec. 2024 Commencement No. 4
On Dec. 17, 2024, UK GVT UK DSIT issued Online safety act 2023 (commencement no. 4) regulations 2024 (StIn 2024/1333) bringing into force on Jan. 17, 2025 the duties about regulated provider pornographic content in OSA 2023 (UK) S 81 and other provisions, such as OFCOM’s enforcement and information powers and the offence of failing to comply with a confirmation decision, as they relate to S 81.
In Dec. 2024, UK DSIT issued memo on illegal content codes of practice, see #237642.
