At the end
of May Ofcom circulated a set of FAQs to the attendees of a three day Online
Safety Act Explained event that it ran in February 2025. The FAQs address a
series of questions for which time did
Graham Smith
Graham Smith is a publisher that provides detailed analysis and commentary on legal and regulatory issues, particularly focusing on online safety legislation, data protection, and freedom of expression. The content often examines the implications of laws such as the Online Safety Act, including its enforcement, scope, and impact on digital platforms and user-generated content. The publisher discusses regulatory bodies' roles, legal challenges, and the balance between safety and free speech. Topics include criminal offences related to communications, data protection compliance, and the interpretation of legal duties imposed on online service providers. The analysis is grounded in legislative context and regulatory developments, addressing both practical and theoretical aspects of internet law and policy.
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The Online Safety Act: guardian of free speech?
A blogpost
headed “The Online Safety Act: A First Amendment for the UK” lacks nothing in shock
value. The one thing that we might have thought
supporters and critics alike were agreed upon is that the Act, whether for good…
Google v Russia: a hint of things to come
The outcome of Google’s complaint to the European Court of Human Rights
in Google v Russia cannot be considered a surprise. The facts were so
resoundingly against Russia that anything but a finding in Google’s favour
would have had everyone…
Ofcom’s proactive technology measures: principles-based or vague?
Ofcom has
published its long-expected consultation on additional measures that it recommends
U2U platforms and search engines should implement to fulfil their duties under
the Online Safety Act. The focus, this
time, is almost entirely on proactive technology: automated systems…
The Ordinary Reasonable Person encounters (or not) cyber-abuse
The recent decision of the Australian Administrative Review
Tribunal in X Corp and Elston v eSafety Commissioner illustrates the
complexities that can arise when the law tasks a regulator or platform to adjudge
an online post.
The decision grapples with…
Knives out for knives
As part of a broader campaign targeting knife
crime the Home Office has published its consultation response on a new
procedure for authorised police officers to issue takedown notices to online platforms (also
now to include search engines). These would…
The computer is always right – or is it?
This is my submission to the Ministry of Justice Call for Evidence on computer evidence in criminal proceedings. Some takeaways from 24 pages of rather dense legal analysis:
- The evidential presumption of reliability (properly so called) is a different animal from
…
The Online Safety Act grumbles on
Policymakers sometimes comfort themselves that if no-one is completely satisfied, they have probably got it about right. On that basis, Ofcom’s implementation of the Online Safety Act’s illegality duties must be near-perfection: the Secretary of State (DSIT) administering a sharp nudge…