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04 October 2024 / Claire Cross , Eve Campbell
Issue: 8088 / Categories: Features , Criminal , Technology , Media
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Illegal content: internet crackdown?

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The Online Safety Act 2023 aims to tackle illegal content. Claire Cross & Eve Campbell explain the new duties on service providers
  • Explores the new duties placed on user-to-user and search services in respect of illegal content, following the introduction of the Online Safety Act 2023.
  • Explains the new risk assessment duty, which will come into force when Ofcom has finalised its guidance on illegal content risk assessments.
  • Highlights the challenge for service providers in addressing the grey areas and untested boundaries of what constitutes illegal or harmful online content.

Last October the Online Safety Act 2023 (OSA 2023) finally entered the UK statute book. Focusing on two key types of internet services—user-to-user and search services—OSA 2023 aims to make the internet safer for all by placing duties on service providers to identify, mitigate and manage risks of harm arising from illegal content and activities, as well as those posing particular risks to children.

A user-to-user service allows people to create and share content online, as

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NEWS
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
Can a meticulously maintained spreadsheet turn a couple’s informal financial arrangements into legally enforceable obligations? 
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