Media

Written by Megan Grew

Key developments in 2024

The Online Safety Act 2023 (OSA) introduced a suite of obligations for "user-to-user" services and search engines which target the UK and/or have a significant number of UK users.  In 2024, secondary legislation and Codes of Practice published by the regulator, Ofcom, began the process of giving the OSA practical effect.

Services in-scope of the OSA must assess and mitigate the risks of users encountering illegal content, including terrorism, child sexual exploitation and fraud.  Platforms likely to be accessed by children must also assess and mitigate risks of children accessing harmful and age-inappropriate content.  Services which meet the "Category 1" threshold have additional obligations, including protecting journalistic or democratic content, empowering users to control the content they see and including certain information in their terms of service. 

On 16 December 2024, Ofcom published its Code of Practice on Illegal Content. Service providers have until 16 March 2025 to complete their illegal content risk assessment.  Ofcom recommends services carefully consider its Illegal Harms Register of Risks, which details the factors that increase the risk of each illegal harm, and its Risk Assessment and Risk Profile guidance, as the "risk profile" of a service must be considered in carrying out risk assessments.  Ofcom also published its Enforcement Guidance setting out how it will use its enforcement powers under the OSA.    

Keep an eye out for further developments in 2025. Ofcom presented draft regulations on the threshold of "Category 1" services (subject to the most extensive obligations) and will publish a register of categorised services in Summer 2025.  Ofcom also expects to publish its child safety guidance in January 2025.  Ofcom's full roadmap to implementing the OSA is available here.

What to look out for in 2025

After the Prime Minister's recent statement promising to "tackle the use of SLAPPs (Strategic Litigation against Public Participation) to protect investigative journalism", it is hoped that greater action will be taken in 2025 to combat claims designed to silence free speech on topics of public importance. 

Unfortunately, little was achieved in 2024 in terms of legislative reform. The Economic Crime and Corporate Transparency Act 2023 contained the first anti-SLAPP provisions, though only for expressions combating economic crime so it has limited scope. The regime also requires amendments to the Civil Procedure Rules to have any practical effect.  Limited progress was made in 2024, with the Civil Procedure Rule Committee pausing its work in this area in light of legislative uncertainty in the months after the general election.  However, the Committee's most recent meeting minutes suggest those discussions are resuming for 2025.  A Private Members Bill aimed at broader reform beyond economic crime also did not survive the Parliamentary washup before last year's dissolution of Parliament.

The Government has ruled out legislative reform in the current Parliamentary session, saying it "will not legislate in haste" and describing SLAPPs as a complex issue.  In its "Future of News" report published last year, the House of Lords Communications and Digital Committee accused the Government of "failing to prioritise" this issue and has called for draft legislation to be published by the 2025 summer recess. The Committee also called for the Solicitors Regulation Authority's fining powers to be increased from £25,000 to £250 million for law firms found to be facilitating SLAPPs.  Against this background, it is hoped that 2025 brings meaningful reform to tackle SLAPPs.

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