What is the Online Safety Act?
What is the Online Safety Act?
The Online Safety Act is a piece of legislation within the United Kingdom which impacts all companies globally as long as they meet certain conditions regarding users within the UK.
The intent of the act is to make the internet safer for users within the UK, specifically for children.
Alongside the legislation, there is also a new regulatory framework (regulated by Ofcom). There are two key areas of focus; “illegal content and activity”, and “content that is harmful to children”.
The Online Safety Act and Ofcom’s regulatory framework
The Online Safety Act is the legislation, but there are also different and key parts that you need to be aware of which are being regulated by Ofcom.
- The Online Safety Act 2023 (the legislation from the UK Gov),
- Ofcom’s statements on protecting children from harms online (with links to all 6 volumes and regulatory documents & guidance).
- Children’s Access Assessments - Needed to be done January 2025
- Illegal Content Safety Duties - Needed to be done March 2025
- Children’s Risk Assessment - Needed to be done April 2025
- Comply with Children’s Safety Duties - Due July 25th at the latest
- Key dates list from Ofcom
There is a lot to unpack here, which is why I’ve read every statement and volume, as well as the whole of the Online Safety Act, so I can do my best to make you aware of the key points.
Are games impacted by the Online Safety Act?
TLDR: Yes
As per the legislation specifically:
Services who have users in the UK (1.1,) need to be safe by design (1.3.a,) and have a higher standard of protection for children than adults (1.3.b.i,), whilst providing transparency and accountability in relation to those services (1.3.b.iii,).
Games are user-to-user internet services, as they are an internet service (”a service that is made available by means of the internet (228.1) by means of which content (see definitions) that is generated directly on the service by a user may be encountered by another user(s) of the service (3.1,) specifically in regards to users being able to communicate and send messages to each other (55.3.). You are a “regulated user-to-user service if your game has links with the United Kingdom (4.2.a,), which means that users from the United Kingdom are a target market for your game, children from the United Kingdom are likely to play your game, or your game is capable of being used in the United Kingdom by children (4.6.a), or your game might be found appealing by children within the UK.
Additionally, here are key definitions from the Online Safety Act (the actual legislation). These are important to understand, or at least be aware of.
Further supporting that games are in scope
Feedback from the gaming industry a
nd Ofcom’s responses in relation to the Online Safety Act and consultations on Ofcom’s regulatory framework:
Gaming services - Summary of stakeholder feedback
4.105 Stakeholders discussed our assessment of risks associated with gaming services:
- UK Interactive Entertainment (Ukie) suggested that, unlike social media platforms, the controlled environment of gaming platforms reduces the risk of children encountering harmful content.90 █████ also emphasised the importance of proportionality and taking a service-specific approach to risks associated with gaming platforms.
- █████ suggested that our presentation of risks associated with violent content, bullying content and abuse and hate content on gaming platforms is “misleading” and would disproportionately burden the “diverse and dynamic” gaming industry.
- b4.106 █████ challenged our conflation of gaming services with games-adjacent communications platforms.
Ofcom's decision from the stakeholder feedback:
4.107 We have assessed our presentation of gaming services in the Children’s Register and consider that we have presented a balanced discussion of the relevant risks, based on the available evidence. We recognise that risks will differ depending on the design of specific gaming services, which we expect providers to reflect in their risk assessments. More detail on the process that services should follow in conducting their risks assessments is set out in the Children’s Risk Assessment Guidance.
We note the distinction between gaming services, which allow users to interact within partially or fully simulated virtual environments, and gaming-adjacent services, where users are able to stream and chat about games. We have, therefore, updated Section 5 of Children’s Register (Abuse and hate content) to include the term ‘gaming-adjacent services’ to more accurately represent the examples provided.
Additionally, Ofcom has conducted research into children and their access to video games, and found:
- (1.38) More than 80% of children once they hit the age of 13 play online video games
- (1.39) 7-18 year olds spend on average 3.4 hours a day online.
- (1.45b) Many children play online games which may bring them into contact with strangers, including adults.
- Three quarters (75%) of children aged 8-17 game online,
- 25% play with people they do not know outside the game.
- Additionally, 24% chat to people through the game who they do not know outside of it.
- When prompted, 62% of parents whose 3-17-year-old played games online expressed concern about their child talking to strangers while gaming (either within the game or via a chat function) and 54% were concerned that their child might be bullied.
See “Children’s online behaviours and risk of harm within the Children’s Register of Risks"
In summary - Are games impacted by the Online Safety Act?
Yes.
There is no way you can possibly argue that games/gaming services are not in scope or don’t need to make changes to be compliant.
Ofcom don’t care if you think it’s unfair or not relevant to games.From their research and stats, they have determined that such a massive proportion of children have access to and play games, that the gaming industry 100% needs to be regulated to protect children from encountering illegal or harmful content.
They think it is fair and relevant, and they will fine you 10% of global turnover or £18m, whichever is greater, if you fail to comply.
Games are 100% in scope and being regulated - without a shadow of a doubt.
Updated 5 days ago