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04 October 2024 / Claire Cross , Eve Campbell
Issue: 8088 / Categories: Features , Criminal , Technology , Media
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Illegal content: internet crackdown?

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The Online Safety Act 2023 aims to tackle illegal content. Claire Cross & Eve Campbell explain the new duties on service providers
  • Explores the new duties placed on user-to-user and search services in respect of illegal content, following the introduction of the Online Safety Act 2023.
  • Explains the new risk assessment duty, which will come into force when Ofcom has finalised its guidance on illegal content risk assessments.
  • Highlights the challenge for service providers in addressing the grey areas and untested boundaries of what constitutes illegal or harmful online content.

Last October the Online Safety Act 2023 (OSA 2023) finally entered the UK statute book. Focusing on two key types of internet services—user-to-user and search services—OSA 2023 aims to make the internet safer for all by placing duties on service providers to identify, mitigate and manage risks of harm arising from illegal content and activities, as well as those posing particular risks to children.

A user-to-user service allows people to create and share content online, as well as interact with each other, for instance social media (eg, Instagram)

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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