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On 19 September 2023, the UK’s long-debated Online Safety Bill (OSB) received Parliamentary approval and will soon achieve Royal Assent, clearing the way for it to become law. This new legislation represents a seminal milestone in digital and technological policy formulation in the UK’s post-Brexit era. It will introduce a new regulatory regime for online platforms and search engines which target the UK, imposing a set of obligations on in-scope services with consequences for non-compliance. Main objectives The Bill, which has become the subject of intense discussion and scrutiny,...

The BBC commissioned a report on diversity, which was produced by MTM, an independent research agency. On 3 May 2022, a Freedom of Information Act request was made by William Turvill, asking for the costs incurred by the BBC for this report. The BBC considered that the information was commercially sensitive and refused to disclose the details pursuant to section 43(2) Freedom of Information Act 2000 (FOIA). Section 43(2) FOIA provides that: “Information is exempt information if its disclosure under this Act would, or would be likely to, prejudice the commercial interests of any person...

On 9 August 2023, Ofcom, the UK’s communications regulator, published its first report on video-sharing platforms’ (VSPs) user policies. The report highlights examples of good practice, but also underscores the need for VSPs to simplify their terms, improve communication of content guidelines, and enhance training for content moderators to create a safer online environment. Background Ofcom was appointed as the regulator for UK-established video-sharing platforms (VSPs) in November 2020. The Communications Act 2003 lists measures that VSP providers must take, as appropriate, to...

On 31 July 2023, UK pay-television operator Sky was granted a High Court order requiring internet service providers (ISPs) to block access to illegal streams across a range of the broadcaster’s linear channels. Background Against the backdrop of escalating piracy concerns (including, e.g., the use of internet TV boxes pre-loaded with software facilitating illegal streaming), Sky has found in recent years its ISP division named as a respondent in injunction applications filed at the High Court in London. To mitigate the prevalence of illicitly duplicated content, film production studios,...

On 10 January 2023, Ofcom launched its enforcement programme into age assurance measures on UK-established adult video-sharing platforms (VSP) – the goal of which is to look at age assurance measures in place on VSPs specialising in adult content under Ofcom’s jurisdiction. Ofcom may launch so-called enforcement programmes to look at a problem or area of concern relating to a particular group of stakeholders – in this case VSPs – or to a whole sector. The launch of the programme coincided with Ofcom entering the second year of the VSP regime, following the October 2022...