Online Safety Act 2023

The Online Safety Act 2023 is a significant piece of legislation aimed at improving the safety of both children and adults on the internet by holding social media platforms and search companies accountable for their users’ safety. This Act introduced new offenses and restructured existing ones, providing a more cohesive legal framework for addressing online harms. Below is a detailed explanation of what the Act covers, with a focus on the changes it introduced, particularly in relation to communication offenses.

Key Objectives of the Online Safety Act 2023

The Online Safety Act 2023 was designed to:

• Enhance Protection: It aims to offer better protection for children and adults using the internet, compelling tech companies to take responsibility for harmful content.
• Create New Offenses: It introduces new legal provisions to address emerging online threats.
• Reorganize Existing Offenses: The Act moved certain offenses into more appropriate legislative contexts, ensuring they are more effectively addressed.

Significant Changes Introduced by the Act

1. Reorganization of Offenses

• Revenge Porn: The act of disclosing intimate images without consent, previously criminalized under Section 33 of the Criminal Justice and Courts Act 2015, has been transferred to Section 66B of the Sexual Offences Act 2003. This change, implemented through Section 188 of the Online Safety Act, places the offense within a framework more suited to dealing with sexual offenses.

2. Communication Offenses (Part 10)

The Online Safety Act 2023 introduces changes to existing communication laws, particularly focusing on harmful and malicious communications carried out over the internet. These changes are crucial for understanding the updated legal landscape concerning online communication offenses.

• Malicious Communications Act 1988: This act, which originally addressed the sending of offensive materials through postal mail, has been updated to include electronic communications. Section 1 deals with messages sent from one person to another, including messages that are grossly offensive, indecent, or threatening.
• Communications Act 2003 (Section 127): This section makes it an offense to send a message that is grossly offensive, indecent, obscene, or menacing over a public communications network. The Online Safety Act has reinforced these provisions, ensuring they remain relevant in the digital age.

Understanding the Legislative and Practical Applications

• Legislation.gov.uk: This government site provides the actual legal text of the Communications Act 2003 and the Malicious Communications Act 1988. These acts have not been repealed; instead, they have been updated and reinforced by the Online Safety Act 2023 to better address modern communication methods, particularly online communications.
  • Communications Act 2003 (Section 127): Legislation Link
  • Malicious Communications Act 1988 (Section 1): Legislation Link
• Crown Prosecution Service (CPS) Guidance:
  • The CPS provides guidance on how these laws are applied in practice, offering insights into how offenses are prosecuted and what factors are considered.
  • Social media and other electronic offenses (2023): CPS Link
  • Cybercrime – Prosecution Guidance (2019): CPS Link

Summary

The Online Safety Act 2023 builds on existing laws, like the Communications Act 2003 and the Malicious Communications Act 1988, to create a more robust legal framework for dealing with online harms. It also reorganizes offenses, such as moving the offense of disclosing intimate images without consent to the Sexual Offenses Act 2003, aligning it with other sexual crimes. This Act marks a significant step towards making the internet a safer space for all users.

For a more detailed explanation of the Online Safety Act 2023, refer to the official explainer provided by the UK Government: Online Safety Act Explainer.

To explore the specific changes introduced by Part 10 of the Online Safety Act 2023, visit the official legislation link: Part 10 – Communication Offenses.