EveryAILaw.comDoes UK Online Safety Act 2023 require Transparency & Disclosure?
United Kingdom • phased enforcement
Yes — 1 provision
Requirements at a glance
This regulation imposes 4 specific requirements for Transparency & Disclosure across 1 provision:
- Illegal content — Regulated 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 safety — The 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 extension — Section 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 reports — Under 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.
AI-Generated Content Duties
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
| Requirement | Details |
|---|---|
| Illegal content | Regulated 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 safety | The 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 extension | Section 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 reports | Under 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
| Violation | Fine |
|---|---|
| Applicable regulated-service breach | Where 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. |
Sources: Online Safety Act 2023