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04 October 2024
Issue: 8088 / Categories: Legal News , Criminal , Technology , Media
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NLJ this week: Risk assessment online—new statutory duties for service providers

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The Online Safety Act 2023 aims to tackle illegal content, but what are the duties on service providers?

Writing in this week’s NLJ, Claire Cross, partner, and Eve Campbell, associate, Corker Binning, investigate what the Act means in practice for service providers.

Cross and Campbell look at the new risk assessment duty, due to take effect once Ofcom has finalised its guidance. They highlight some of the grey areas in terms of whether online content is illegal or harmful.

The authors write: ‘UK criminal offences are complex, nuanced and not always fully defined in legislation—for example, those that involve multifaceted allegations including matters related to fraud, sexual offences and evasion of duty prosecutions. This is partly why Ofcom’s draft guidance on how to identify illegal content runs to 390 pages.’

Pictured: Tim Berners-Lee, who said: 'Some things are of course just illegal—child pornography, fraud, telling someone how to rob a bank. That’s illegal before the web and it’s illegal after the web.’

Issue: 8088 / Categories: Legal News , Criminal , Technology , Media
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MOVERS & SHAKERS

Forbes Solicitors—Stephen Barnfield

Forbes Solicitors—Stephen Barnfield

Regulatory team boosted by partner hire amid rising health and safety demand

Arc Pensions Law—Kris Weber

Arc Pensions Law—Kris Weber

Legal director promoted to partner at specialist pensions firm

Clarke Willmott—Jonathan Cree

Clarke Willmott—Jonathan Cree

Residential development capability expands with partner hire in Birmingham

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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