Good morning. From tomorrow social media companies must introduce child safety measures under the Online Safety Act. It is a key moment for a British government attempting, like so many others, to rein in tech firms and prevent children encountering harmful content on the internet.
Passed by parliament in 2023, the landmark legislation significantly empowers the regulator Ofcom. Peter Kyle, the science and technology secretary, described the new codes as a “watershed moment” that turned the tide on “toxic experiences on these platforms”.
Social media companies operating in the UK now risk hefty fines if they fail to take strong action against content that is harmful to children such as pornography or material that encourages self-harm.
Another substantial change is the requirement for pornography websites to verify that users are aged 18 or older, using methods such as photo-ID matching, facial age estimation, credit and debit card checks, mobile operator verification, open banking and digital ID wallets.
You may never have heard of it, but the act represents a significant step up in internet safety regulation – and overhaul of how we live online – in the UK. To explore why it was introduced, whether it goes far enough, and whether it will even work, I spoke to Dan Milmo, the Guardian’s global technology editor. That’s after the headlines.
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In depth: How did this come about?
The family of 14-year-old Molly Russell, who took her own life after she had been viewing material on social media, have been active campaigners in online safety for children. Photograph: Family handout/PA
This legislation, which applies to more than 100,000 companies – including major platforms like Facebook, Google, X, Reddit, and OnlyFans – came to be following impassioned campaigning by online safety advocates, Dan Milmo told me. “Longstanding concerns about the impact of social media on children’s mental health is a key driver. But there’s also significant worry about social media’s effect on adult mental health, including online hate like racial hatred and general abuse,” he says. “This attempts to regulate social media companies and large search engines, which previously lacked formal oversight.”
Crucial figures pushing for the government to act on online safety include Ian Russell, the father of Molly Russell, a teenager who took her own life in 2017 after viewing harmful content online, Dan added. Other influential voices include Baroness Kidron, who has tirelessly advocated for higher standards of children’s online safety. There have also been advocates for other aspects of the act, which came into force in 2023 but has taken some time to get up and running, including the footballer Rio Ferdinand, who has spoken powerfully about the mental health impacts of online hate, and the reality TV star Georgia Harrison, a victim of intimate image abuse (sometimes known as revenge porn).
How will it work?
Ofcom has been given significant new powers to enforce the new rules.
“There’s a lot of literature that’s already been issued by Ofcom that underpins the act,” Dan said. “I think that reflects the difficulty in regulating the massive, amorphous thing which is the online world. This isn’t like telling the BBC to not show nudity before 9pm. This is about 100,000 companies. While it’s obvious that people are still going to see harmful content, this is at least attempting to make a start on that.”
Dan explained the new rules don’t focus on individual pieces of content but instead mandate robust systems and procedures within companies to tackle harmful content effectively.
They also loop in previous legislation on malicious communication online, beefing up hate speech laws and giving regulators greater powers to hold tech platforms accountable for failing to act on abusive or threatening content.
He added: “If companies don’t comply, they risk punishments ranging from fines and formal warnings to criminal charges against executives or even being blocked entirely in the UK.”
Are these companies ready to comply? Time will tell, Dan said – but the big tech firms do have the money to be able to do so.
What about age verification?
One of the most controversial elements is the implementation of age verification checks to ensure people who want to access pornography sites are over 18.
These age verification requirements will come into force tomorrow, with major pornography providers like Pornhub already committing to putting in place “highly effective” age-checking measures. “There has been some backlash over privacy concerns, as confirming one’s age implicitly reveals one’s consumption of specific content,” Dan said.
“It’s worth pointing out that verification methods must comply with UK GDPR standards. A new industry of age-assurance providers, like Yoti, has emerged to facilitate this securely.”
Social media companies could also be required to implement age checks if their sites contain harmful content like pornography that can be accessed by under-18s.
Social media platforms have to convince Ofcom that whatever measures they put in place to shield children from harmful material are highly effective – and those measures could include stringent age checks. Oliver Griffiths, Ofcom’s group director of online safety, said in a statement that “society has long protected youngsters from products that aren’t suitable for them, from alcohol to smoking or gambling … For too long children have been only a click away from harmful pornography online.”
Does it go far enough?
Campaigners generally feel the act could be stronger. In April, the children’s commissioner for England, Rachel de Souza, told Dan that Ofcom was backing big tech over the safety of under-18s, warning that the proposals were too weak.
The Molly Rose Foundation, a charity established by the family of Molly Russell, also criticised the measures (pdf) as “overly cautious”.
“There’s definitely a desire to have stronger measures. Peter Kyle, the tech secretary, was speaking this week about putting in a two-hour social media cap to crack down on ‘compulsive’ screentime. So the government is definitely considering stronger measures to keep children safe online,” Dan explained.
The UK isn’t alone: Australia is moving to ban social media for all under-16s. “Many campaigners continue to push for stronger protections, particularly regarding the addictive nature of social media and protections for women’s rights and children’s safety,” Dan said.
There were fears the act would get watered down as part of an effort to get a trade deal with the US. “But the government comes back every time and says very strongly, ‘we will not water down protection of children’. They point out that the act’s primary focus is stopping children from being harmed online,” Dan said.
Across the Atlantic, where many of the tech giants who will need to comply are based, some in Donald’s Trump administration have grumbled about what they see to be far-reaching implications for free speech. However, Dan doesn’t believe they will lobby heavily to get it changed. “It just wouldn’t play very well. It would be pretty damaging politically for any government, including the UK, to agree to water down measures that protect children. And I just find it unlikely that tackling child sexual abuse material, for instance, would be something that is a bargaining chip in trade talks.”
This act as it is feels like just the start, Dan added, with the government showing signs it is willing to update it if need be. “Ofcom seems ready for the challenge. They are releasing a lot of codes and a lot of consultations. I think the ultimate test will be whether, let’s say in a year’s time, children’s and adults’ experience of the online world is much safer and more comfortable than it is today.”
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