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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

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MOVERS & SHAKERS

Bellevue Law—Lianne Craig

Bellevue Law—Lianne Craig

Workplace law firm expands commercial disputes team with senior consultant hire

EIP—Rob Barker

EIP—Rob Barker

IP firm promotes patent attorney to partner

Muckle LLP—Ryan Butler

Muckle LLP—Ryan Butler

Banking and restructuring team bolstered by insolvency specialist

NEWS
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
Recent allegations surrounding Peter Mandelson and Andrew Mountbatten-Windsor have reignited scrutiny of the ancient common law offence of misconduct in public office. Writing in NLJ this week, Simon Parsons, teaching fellow at Bath Spa University, asks whether their conduct could clear a notoriously high legal hurdle
A landmark ruling has reshaped child clinical negligence claims. Writing in NLJ this week, Jodi Newton, head of birth and paediatric negligence at Osbornes Law, explains how the Supreme Court in CCC v Sheffield Teaching Hospitals NHS Foundation Trust [2026] UKSC 5 has overturned Croke v Wiseman, ending the long-standing bar on children recovering ‘lost years’ earnings
A Court of Appeal ruling has drawn a firm line under party autonomy in arbitration. Writing in NLJ this week, Masood Ahmed, associate professor at the University of Leicester, analyses Gluck v Endzweig [2026] EWCA Civ 145, where a clause allowing arbitrators to amend an award ‘at any time’ was held incompatible with the Arbitration Act 1996
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