The Online Safety Act: Protecting women and children from digital harm
The introduction of the Online Safety Act 2023 represents a significant development in the regulation of online platforms in the UK. This legislation establishes a comprehensive framework of obligations for social media companies and search services, with much needed emphasis on safeguarding vulnerable users from online harm.
Why it matters
Women and girls experience disproportionate exposure to illegal and harmful online content. Similarly, children face considerable risks, including exposure to inappropriate material and potential exploitation. The Act seeks to address these concerns through a series of targeted measures designed to enhance online safety.
The legislation requires online platforms to implement effective systems for preventing children from accessing harmful content while ensuring accessible reporting mechanisms are available to both children and their parents.
The Act also specifically addresses several forms of digital harm that predominantly affect women, including:
- Non-consensual sharing of intimate images including revenge porn;
- Digitally facilitated stalking and harassment;
- Gender-based hate speech and online abuse.
Key regulations
For children, the legislation focuses on protection from grooming behaviours, self-harm content, and age-inappropriate material. A notable development is the introduction of mandatory age verification for online pornography platforms, addressing concerns about children’s access to such content.
The Act grants Ofcom enforcement powers, including the authority to impose significant financial penalties up to £18 million or 10% of global revenue for non-compliance. In addition, the Act provides for criminal sanctions against senior management in cases where there is systematic failure to meet regulatory requirements.
Of note is that women who report revenge porn often encounter automated responses, slow action, or outright dismissal. The Act demands better processes, but unless platforms are fined heavily for failures, little will change.
Will the Act work?
While the Act demonstrates a positive step forward, the effectiveness of these measures will depend on rigorous implementation. The success of the Act will hinge upon Ofcom’s consistent enforcement as well as their meaningful engagement with survivor organisations and advocacy groups.
While the Online Safety Act 2023 establishes an important regulatory foundation, its impact will be determined by the commitment of both regulators and the tech industry’s willingness to comply.
The protection of women and children in digital environments remains an ongoing challenge that will require continuous review and adaptation of these measures. When implementing the Act, Ofcom must ensure platforms face real consequences when they fail to meet their obligations. Platforms must prioritise user safety and take proactive measures to prevent harm.
It is important survivors are aware they should not suffer in silence and support is available. As well as obtaining justice through the criminal process, survivors can be compensated through the civil process for the harm caused to them by the abuse.
Bolt Burdon Kemp is committed to supporting survivors of abuse in obtaining the compensation they deserve. If you or a loved one has been affected by sexual violence, we offer free, confidential advice to help you understand your legal options.
