United Kingdom: Closed consultation on the new duties for user-generated content platforms and search service providers in relation to illegal content (Online Safety Act)

On 23 February 2024, the Office of Communications (Ofcom) closed consultation on its proposals for protecting people from illegal harms online, implementing the Online Safety Act, which outlines the new duties for user-generated content platforms and search service providers in relation to illegal content. The proposal defines illegal content as "content that amounts to a relevant offence". The Act contains a list of 130 "priority offences". Furthermore, the draft proposes the Illegal Content Judgements Guidance (ICJG). Ofcom aims to establish a service to assess and mitigate the risks of illegal harm. The draft lists proposed measures in three different categories, low-risk, specific risk and multi-risk. Platforms are divided into two groups, with a large service being defined as having an average user base of more than 7 million per month in the UK and smaller services below the threshold. In addition, with regard to governance and accountability for all services, the draft proposes the appointment of a person who will be accountable to the senior governance body for compliance with the illegal content obligations and the reporting and complaints obligations. The draft includes guidance on risk assessment, including a four-step process for assessing and managing potential harm, the use of risk profiles to identify risk factors, and the use of different sources of evidence. In addition, Ofcom wants regular reviews of these assessments and guidelines for managing significant changes to services. Finally, Ofcom proposes the enforcement under the Online Safety Enforcement Guidance.