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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 This is partly why Ofcom’s draft guidance on how to identify illegal content runs to 390 pages.’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

NLJ Career Profile: Ken Fowlie, Stowe Family Law

NLJ Career Profile: Ken Fowlie, Stowe Family Law

Ken Fowlie, chairman of Stowe Family Law, reflects on more than 30 years in legal services after ‘falling into law’

Gardner Leader—Michelle Morgan & Catherine Morris

Gardner Leader—Michelle Morgan & Catherine Morris

Regional law firm expands employment team with partner and senior associate hires

Freeths—Carly Harwood & Tom Newton

Freeths—Carly Harwood & Tom Newton

Nottinghamtrusts, estates and tax team welcomes two senior associates

NEWS
Children can claim for ‘lost years’ damages in personal injury cases, the Supreme Court has held in a landmark judgment
The cab-rank rule remains a bulwark of the rule of law, yet lawyers are increasingly judged by their clients’ causes. Writing in NLJ this week, Ian McDougall, president of the LexisNexis Rule of Law Foundation, warns that conflating representation with endorsement is a ‘clear and present danger’
Holiday lets may promise easy returns, but restrictive covenants can swiftly scupper plans. Writing in NLJ this week, Andrew Francis of Serle Court recounts how covenants limiting use to a ‘private dwelling house’ or ‘private residence’ have repeatedly defeated short-term letting schemes
Artificial intelligence (AI) is already embedded in the civil courts, but regulation lags behind practice. Writing in NLJ this week, Ben Roe of Baker McKenzie charts a landscape where AI assists with transcription, case management and document handling, yet raises acute concerns over evidence, advocacy and even judgment-writing
The Supreme Court has drawn a firm line under branding creativity in regulated markets. In Dairy UK Ltd v Oatly AB, it ruled that Oatly’s ‘post-milk generation’ trade mark unlawfully deployed a protected dairy designation. In NLJ this week, Asima Rana of DWF explains that the court prioritised ‘regulatory clarity over creative branding choices’, holding that ‘designation’ extends beyond product names to marketing slogans
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