UK’s Landmark Online Safety Act Faces Scrutiny Over Governance Structure
The UK’s ambitious Online Safety Act aims to make the digital world a safer place, particularly for children. As the communications regulator, Ofcom, steps up to enforce this complex legislation, significant concerns are being raised by policy experts and digital rights advocates about the very structure put in place to oversee it.
At the heart of the debate is the governance model Ofcom has chosen. Critics argue that the body tasked with holding powerful tech companies accountable is not being given the independence it needs to succeed, potentially undermining the Act’s core objectives from the outset.
The Core Concern: A Lack of True Independence
The primary issue revolves around the new board responsible for implementing the Online Safety Act. Instead of creating a new, independent entity, Ofcom has established it as a sub-committee of its main board. This means the group making critical decisions about online safety will ultimately answer to the primary Ofcom board.
Experts argue this setup is flawed for several key reasons:
- It is not a fully independent body. The online safety committee’s decisions, budget, and direction are subordinate to the main Ofcom board, which has a much broader and potentially conflicting mandate.
- A fundamental conflict of interest. Ofcom’s primary legal duty, established long before the Online Safety Act, is to further the interests of the UK’s communications and media industries. This creates a direct clash: how can a regulator effectively penalize and restrict major tech platforms while also being mandated to promote their industry? Many of the companies falling under the Act’s scope are central to the UK’s digital economy.
- The risk of “regulatory capture.” There are fears that without a truly independent watchdog, the powerful, well-resourced tech giants could exert undue influence over a regulator that is also charged with supporting their sector’s growth.
An Expertise Gap on the Main Board
Another major point of contention is whether the existing Ofcom board possesses the required knowledge to handle the unique challenges of online safety regulation. The Act covers highly specialized areas, including end-to-end encryption, illegal content moderation, algorithmic amplification, and child protection technology.
Critics point out that the main board’s expertise is traditionally rooted in telecommunications and broadcasting, not the complex technical and social issues of the modern internet. Without deep, specialist knowledge at the highest level of decision-making, there is a risk that enforcement could lack the necessary nuance and rigor to be effective against sophisticated global tech firms.
The Proposed Solution: A Call for a Statutory Committee
In response to these concerns, a coalition of experts, including prominent child safety and digital rights organizations, is calling for a different approach. They advocate for the creation of a new, independent statutory committee dedicated solely to online safety.
This proposed body would:
- Be established by law, giving it genuine authority and independence.
- Be composed of appointed experts with proven backgrounds in child safety, counter-terrorism, platform technology, and digital law.
- Report directly to Parliament, ensuring transparency and public accountability.
This structure, they argue, would eliminate the conflict of interest and ensure that those making the final decisions have the deep expertise required for the task.
Staying Safe While the Debate Continues
While regulators and policymakers address these high-level governance issues, the risks users face online remain very real. It is crucial for individuals and families to remain proactive about their own digital safety.
Here are some actionable security tips you can implement today:
- Review and Strengthen Privacy Settings: Regularly check the privacy and security settings on all social media accounts. Limit who can see your posts and personal information.
- Enable Two-Factor Authentication (2FA): Add an extra layer of security to your important accounts (email, banking, social media) to prevent unauthorized access.
- Talk Openly with Your Children: Foster an open dialogue with young people about the risks they may encounter online, including cyberbullying, scams, and exposure to inappropriate content. Encourage them to speak up if they see something that makes them uncomfortable.
- Use Reporting Tools: Teach your family how to use the built-in reporting functions on platforms to flag harmful content or abusive behaviour. This not only protects you but also helps make the platform safer for others.
Ultimately, the success of the Online Safety Act will depend on robust, independent, and expert-led enforcement. The current debate over Ofcom’s governance is a critical test of the UK’s commitment to creating a truly safer internet, and getting it right is essential for protecting all users.
Source: https://go.theregister.com/feed/www.theregister.com/2025/09/11/concern_and_sympathy_as_experts/
