Public may have to wait years to benefit from Online Safety Act, MPs warn

February 20, 2024

The public may have to wait years to feel the benefit of the Online Safety Act, MPs have warned.

Parliament's Public Accounts Committee (PAC) has said the public could be left feeling "disappointed" by the new online regime due to the way the regulator, Ofcom, will be able to handle complaints.

The Online Safety Act was passed by MPs last year and requires providers of online services to minimise the extent of illegal and harmful content.

In its report today, the PAC highlighted the fact that full implementation of the new rules had been delayed by a year.

"As the regulatory regime will not be fully implemented until 2026, there is a risk that public confidence in the regime will be undermined if it does not quickly bring about tangible changes to people's online experience," it said.

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The report also pointed out that Ofcom will be unable to act on individual complaints and will only be able to step in if there are "systematic concerns" about the provider.

The regulator also does not yet have a mechanism to inform complainants about whether their concerns have been acted on.

Dame Meg Hillier, chair of the committee, said: "Expectations are understandably high for firm guardrails in the hitherto largely unregulated online world.

"We know that around two thirds of UK children and adults say they experienced at least one potential online harm in a month in 2022, according to Ofcom, which is to be commended for how swiftly it has moved to take on its new responsibilities.

"It must now continue to be proactively frank with the public over what the Online Safety Act does and does not empower it to do, lest confidence in the new regime be swiftly undermined."

The committee said that while Ofcom was well prepared for its new role and had already clamped down on a website promoting suicide, implementation of the new rules had slipped from 2025 to 2026.

The committee said the April 2025 deadline for bringing in parts of the regulations relating to illegal harms and protecting children was considered the "bare minimum" required.

MPs on the committee also want government to explain how fees levied on industry would work, suggesting that Ofcom would not be able to recover set-up costs until 2033.

It also asked for more detail on how Ofcom would engage with providers who failed to engage with it, including overseas companies which may be difficult to contact.

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Under the Act, if providers refuse to engage with Ofcom over systemic concerns, the regulator will have the power to levy fines of up to 10% of a company's global revenue and carry out "business disruption measures".

Dame Meg added: "No other country has introduced online safety regulation. Ofcom now needs to capitalise on its early progress.

"It must also accelerate its co-ordination with other regulators both at home and overseas, in the recognition that it is at the forefront of a truly global effort to strike the right balance between freedom and safety online."

The Department for Science, Technology and Innovation has been approached for comment.

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