On 7 August 2024, Ofcom has published an open letter to online service providers operating in the UK addressing the increased risk of platforms being used to stir up hatred, provoke violence and commit offences under UK law. This is contextualised by the recent acts of violence in the UK.
Ofcom has highlighted that in regulations which predate the Online Safety Act, namely the regulation on video sharing platforms, UK-based video sharing platforms must protect their Users from videos which are likely to incite violence or hatred. Video-sharing platforms should ensure that their systems and processes are effective in anticipating and responding to the potential spread of harmful video material stemming from the recent events.
Additionally, Ofcom has highlighted how the Online Safety Act sets out responsibility on assessing and mitigating risks of illegal activity and how some platforms will soon need to go further to ensure consistent application of their Terms of Service. Terms of Service typically include provisions on banning hate speech, inciting violence, and harmful disinformation.
Ofcom has reaffirmed that they are working to implement the Act as soon as possible, aiming for duties to come into force before the end of the year. Ofcom has also praised platforms who have taken proactive measures in light of the violence in the UK and encouraged online service providers to make changes now, stating “there is no need to wait to make your sites and apps safer for users”.
The letter can be read in full here.
If you would like any further information or have queries on the content of this article, please contact David Varney. We have published several articles on the content and obligations in the Online Safety Act, please find further information here, here and here.
This update was written by Abbie McGregor.