United Kingdom: Published Ofcom guidance on content communicated "publicly" and "privately" under Online Safety Act

On 16 December 2024, the Office of Communications (Ofcom) published guidance on record keeping and review in accordance with the provisions of the Online Safety Act. Service providers are obliged to ascertain whether content is communicated "publicly" or "privately" by initially considering the statutory factors set forth in section 232 of the Act. The relevant factors include the number of individuals who can access the content, any restrictions on access, and the ease with which the content can be forwarded or shared. The guidance clarifies that the determination of whether content is communicated "publicly" is based on the manner of communication rather than on the nature of the content itself. It is recommended that this guidance be followed in conjunction with the relevant codes of practice and the guidance on risk assessment of services in order to ensure compliance with the Act's online safety obligations. Failure to comply with these obligations may result in enforcement action by Ofcom, including the imposition of substantial fines.