The Online Safety Act 2023 (OSA) has passed its final parliamentary debate and received Royal Assent on 26 October 2023. The object and intention of the OSA is to make Britain’s internet safer.
As part of several other implications, the OSA will regulate services that enable users to share user-generated content (user-to-user services) with a view to protecting children and tackling illegal content online.
One such service that will be governed by the OSA going forward will be video-sharing platform (VSP) services, such as social media platforms and live-streaming platforms where users can upload and share videos with other users. Therefore, providers of SaaS platforms that operate a VSP service will need to ensure their service complies with the OSA.
When the OSA comes into force, VSP service providers will (amongst other things) have additional obligations to carry out risk assessments of illegal content and content that is harmful to children (if the services are likely to be accessed by children) that might appear on their platforms. Practical measures to monitor this should be put in place as soon as possible (if and to the extent that such assessments are not already being carried out).
As a result, VSP service providers, and other service providers whose services are caught by the OSA, should start reviewing their current SaaS agreements and user terms and conditions as soon as possible to ensure any relevant provisions are updated to reflect the OSA. The terms and conditions can also be used as a tool to assist with compliance.
Following Ofcom’s recent consultation on illegal harms under the OSA, this could include incorporating the following terms.
(a) Providing a named individual who is accountable to the most senior governance body for compliance with duties under the OSA.
(b) Obliging users to notify the service provider if they identify any restricted material on the platform.
(c) Prohibiting the uploading of harmful or illegal material.
(d) Setting out clear acceptable use requirements on all users accessing the services in unambiguous terms.
(e) Setting out how individuals are protected from illegal content, whether any proactive technology is used and how relevant complaints are handled and resolved.
If you would like any assistance on the Online Safety Act 2023 or SaaS agreements and user terms and conditions more generally, please do not hesitate to get in touch with Jack Shreeve or Joseph Thompson.
The content of this article is for general information only. It is not, and should not be taken as, legal advice. If you require any further information in relation to this article please contact the author in the first instance. Law covered as at November 2023.