The UK’s online safety regime gets put to the test
Sasha Batchelor, Junior Consultant18/03/2025
Earlier this week, Ofcom commenced its enforcement of new online safety rules to combat illegal content such as child sexual exploitation and abuse, terrorism, hate crimes, content encouraging or assisting suicide, and fraud. This marks a significant milestone in the UK’s landmark online safety regime in what has been billed by many as the year of action on this issue.
Although the Online Safety Act (OSA) was widely seen as world-leading when first passed, and is still in its infancy, critics highlight the glacial pace of change and Ofcom’s limited powers as major areas of concern.
The Government is already suggesting it may look to revisit the legislation, with the Secretary of State for Science, Innovation and Technology Peter Kyle notably recently saying the act is “unsatisfactory” and “uneven”.
Online safety campaigners, such as Ian Russell, have called on the Government to do more to protect children online and criticised Ofcom’s “cautious” approach in implementing “timid” online safety laws. These criticisms reflect the difficulties in navigating what are inherently complex and politically thorny issues.
In response, Kyle recently emphasised that protecting children and vulnerable individuals online remains a top priority. He vowed to bring forward new laws on online safety more swiftly than before, aiming to do so "better and smarter”. He added he was “open-minded” to what action he could take, with a social media and phone ban not off the table, and expressed a commitment to continuously adapting legislation to keep pace with the rapidly evolving online world.
Recent Westminster Hall Debates led by Tony Vaughan on a minimum age for social media, and by Sir Jeremy Wright on the implementation of OSA, have also ensured online safety issues remain a dominant issue across both the political and media agendas.
During the latter debate, MPs raised the role of app stores in online safety efforts, an increasingly scrutinised area of policy. Following a campaign spearheaded by Match Group, Barnardo’s and the NSPCC during the passage of the Online Safety Bill, Ofcom now has a duty to publish a report by January 2027 on the role of app stores in preventing children’s access to harmful content on the apps of regulated services.
Utah recently became the first US state to pass legislation mandating age verification for app stores to ensure children only access age-appropriate apps. This, and other developments - such as Singapore’s media regulator recognising app distribution services are key gateways to accessing apps on digital devices - reflects the growing global recognition of the need for app stores to do more to keep children safe online and the trajectory of this issue.
Following Ofcom’s report, the Secretary of State for Science, Innovation and Technology may introduce regulations to bring app stores into the scope of the Act. With Kyle’s recent signals of intent and the growing global focus on this issue, this is certainly an area to keep a close eye on as the Government decides on its next steps.
Meanwhile, Josh MacAlister’s Safer Phones Bill - which initially proposed a school smartphone ban and raising the digital age of consent to 16 - has also been dominating the headlines. Following a key concession, the now watered-down bill only commits the Government to researching the issue further, with Sir Chris Whitty, the Chief Medical Officer for England, tasked with examining a potential social media ban for under-16s. The Government has also committed to a review of the digital age of consent within a year, and whilst it has kicked the can down the road for now, this debate will not stay quiet for long.
The Government is also having to fight fires on the international stage on this front. The return of President Trump to the White House has had important ramifications for a myriad of policy areas, and tech and online safety issues are no exception. Previous speculation suggested the UK was willing to renegotiate its online safety laws - a particular concern for the influential billionaire Elon Musk - to avoid Trump’s tariffs.
This has been strongly challenged by the Government, with Peter Kyle reiterating the UK’s online safety laws are non-negotiable in any potential deal. However, with economic growth the Government’s overriding political priority, finding the right balance between its commitment to online safety and its ambition for an “economic partnership” on technology with the United States will be a difficult needle to thread.
Both geopolitical and domestic factors, including the OSA’s ongoing implementation deadlines mean that these political debates are here to stay. Whilst the path ahead is filled with uncertainty, don’t take your eyes off these fast-moving and vitally important debates, which have profound implications for all of us across society.
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