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Illegal content: internet crackdown?

04 October 2024 / Claire Cross , Eve Campbell
Issue: 8088 / Categories: Features , Criminal , Technology , Media
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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 well

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NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
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