UK Online Safety Act 2023

Jurisdiction:
United Kingdom
phased enforcement
Effective:
Jan 10, 2024
Authority:
Office of Communications (Ofcom)
Official text

Obligations Covered

Transparency & Disclosure Risk Assessment

Timeline

MilestoneDateNotes
Royal AssentOct 26, 2023Online Safety Act 2023; Part 1 interpretive sections in force immediately (s.240(4))
Duty provisions commencedJan 10, 2024S.I. 2023/1420 — illegal content, children's safety and transparency duties in Parts 3-4
Further commencementJan 31, 2024S.I. 2024/31 — enforcement and information powers
Children's safety codes2025-04Ofcom codes of practice
Phased enforcement ongoing2025-2026Additional duties rolling out

Related Regulations and Standards

Related instruments are selected from shared compliance obligations and jurisdiction coverage.

AI-Generated Content Duties

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Obligation:
Transparency
enforcing
Effective:
Jan 10, 2024
Risk tier:
all
Scope:
Providers of regulated user-to-user or regulated search services with UK links; duties vary by service category and whether children are likely to access the service
The saved heading identifies an AI-related application of the Act, but Part 3 duties turn on regulated service and in-scope content risk, not on AI origin alone. Section 55 distinguishes user-generated content, including user-applied software and qualifying bots, from provider content; s. 57 defines search content and its exclusions. Section 216A permits later regulations extending duties to AI services; it imposes no such duty by itself.

Requirements

RequirementDetails
Illegal contentRegulated user-to-user providers must assess and address illegal content under ss. 9-10; regulated search providers have corresponding duties under ss. 26-27. An AI-generated item falls within those duties only where it is in the Act's regulated user-generated or search-content scope and meets the applicable illegal-content trigger (ss. 55, 57).
Children's safetyThe additional assessment and safety duties in ss. 11-12 and 28-29 apply to regulated services likely to be accessed by children, according to the statutory content categories.
AI-service extensionSection 216A authorizes regulations that could extend corresponding duties to providers of AI services for illegal AI-generated content or priority-offence use. The power alone does not impose those duties.
Transparency reportsUnder s. 77, providers of Category 1, 2A or 2B relevant services produce a report in response to OFCOM's annual notice, with the specified information, format and deadlines. It is not a universal annual AI-content report.

Penalties

ViolationFine
Applicable regulated-service breachWhere OFCOM can impose a monetary penalty for an applicable requirement, Sch. 13 para. 4 sets the maximum at the greater of GBP 18M or 10% of qualifying worldwide revenue for the relevant accounting period, subject to its qualifications.

Risk Assessment for AI Systems

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Obligation:
Risk Assessment
enforcing
Effective:
Jan 10, 2024
Risk tier:
all
Scope:
Providers of regulated user-to-user services with UK links; the children's assessment duty applies only where children are likely to access the service
Part 3 Chapter 2 duties cover regulated user-to-user services, regardless of whether AI generated the content. The parallel search-service duties sit in Chapter 3 (ss. 26, 28). Both sections commenced 10 Jan 2024 (S.I. 2023/1420, reg. 2(c), (d)); Ofcom compliance deadlines fell later.

Requirements

RequirementDetails
Illegal content risk assessmentCarry out a suitable and sufficient assessment of risks of users encountering priority or other illegal content, considering service algorithms and dissemination; keep it current and reassess before significant service changes (s. 9).
Children's risk assessmentIf the service is likely to be accessed by children, assess the statutory categories of harmful content and relevant design or algorithmic risk factors; keep the assessment current and reassess before significant service changes (s. 11).
Assessment recordMake and keep the required written record of each risk assessment (s. 23(2)). Safety mitigation duties are separately in ss. 10 and 12.

Penalties

ViolationFine
Applicable regulated-service breachSch. 13 para. 4 sets the applicable maximum at the greater of GBP 18M or 10% of qualifying worldwide revenue, subject to its qualifications.

Risk Assessment for Search Services

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Obligation:
Risk Assessment
enforcing
Effective:
Jan 10, 2024
Risk tier:
all
Scope:
providers of regulated search services, and providers of combined services in respect of the search engine
Part 3 Chapter 3 covers search-specific risks: s. 26(5)(a) names algorithms, indexing, organisation and presentation of results, and s. 28(5)(c) names predictive search functionality. These are functionality factors, not an AI-origin trigger. Both sections commenced 10 Jan 2024 (S.I. 2023/1420, reg. 2(j)).

Requirements

RequirementDetails
Illegal content risk assessmentSuitable and sufficient assessment of the risk of users encountering priority and other illegal content in search content, taking into account risks presented by the service's algorithms and by how it indexes, organises and presents results (s.26(2), (5)(a))
Children's risk assessmentWhere the service is likely to be accessed by children, a further assessment covering primary priority, priority and non-designated content harmful to children, with separate consideration by age group and explicit assessment of predictive search functionality (s.28(2), (5)(a), (5)(c))
Keep assessments currentDuty to keep each assessment up to date, including when Ofcom significantly changes an applicable risk profile (ss.26(3), 28(3))
Reassess before significant changeFurther assessment before any significant change to the design or operation of the service, covering the impacts of that change (ss.26(4), 28(4))
Assessment timingAssessments carried out at the times set out in Schedule 3
RecordsRecords of risk assessments kept under s.34(2) and (9)

Penalties

ViolationFine
Non-complianceGreater of GBP 18M or 10% of qualifying worldwide revenue (Sch. 13 para. 4)
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