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
Cyberleagle
Cyberleagle, published by Graham Smith, focuses on legal analysis and commentary related to the Online Safety Act and its regulatory framework in the UK. The blog covers topics such as the scope and enforcement of the Act, the balance between online safety and freedom of expression, data protection implications, and the challenges of content moderation technologies. It also discusses the roles and responsibilities of service providers under the Act, the impact on community forums and platforms, and relevant case law including freedom of expression jurisprudence from the European Court of Human Rights. The blog addresses both legislative developments and regulatory consultations, providing insight into the intersection of internet law, digital rights, and public 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…