The Online Safety Act and UK Journalism: What Reporters Need to Know

What the Online Safety Act 2023 Does

The OSA creates a new regulatory framework for online services, imposing duties on platforms to protect users — particularly children — from illegal content, content that is harmful to children, and (for the largest platforms) content that is harmful to adults. Ofcom is the designated regulator, with powers to issue codes of practice, conduct investigations, and impose fines of up to £18 million or 10% of global turnover (whichever is higher).

The Act categorises online services into three tiers: Category 1 (the largest platforms with the most significant reach), Category 2A (search services), and Category 2B (smaller services meeting certain thresholds). Each tier carries different duties, with Category 1 services facing the most extensive obligations including duties around “legal but harmful” content for adults.

The Journalistic Content Exemption

After sustained lobbying from press freedom organisations, the Act includes specific protections for journalistic content. Under Section 16, Category 1 services must have systems and processes designed to ensure that “journalistic content” of democratic importance is not removed or restricted without adequate consideration of its significance.

The Act defines “journalistic content” broadly — it includes content generated for the purposes of journalism by any person, not just professional journalists employed by recognised news publishers. This is significant because it extends protection to freelancers, bloggers, and citizen journalists who produce content with a journalistic purpose.

Key tip: The journalistic content exemption is not absolute. It requires platforms to give special consideration to journalistic content before taking it down, but it does not prevent removal entirely. If your content is removed by a platform, you should have access to an expedited appeals process — use it, and document everything.

Recognised News Publisher Status

The Act creates a distinct category of “recognised news publisher” that benefits from enhanced protections. To qualify, a publisher must meet specific criteria including:

Having a standards code or being subject to an independent regulatory regime (such as IPSO, IMPRESS, or the BBC Editorial Guidelines)
Having a registered office or principal place of business in the UK
Having a named editor who has editorial control over content
Having policies and procedures for handling complaints

Content from recognised news publishers is exempt from many of the Act's content moderation requirements. Platforms cannot remove or restrict access to content from recognised news publishers unless they have reasonable grounds to believe the content constitutes a relevant offence. This creates a two-tier system that has drawn criticism for potentially disadvantaging independent journalists and smaller outlets.

Ofcom's Enforcement Powers and Journalism

Ofcom's enforcement powers under the OSA are extensive and include the ability to issue information notices, conduct audits, publish codes of practice, and impose substantial financial penalties. For journalists, the key concern is how Ofcom will balance its duty to protect users from harmful content against the right to freedom of expression under Article 10 of the European Convention on Human Rights.

Ofcom has published codes of practice that platforms must follow (or demonstrate equivalent measures). These codes include specific references to the protection of journalistic content, and Ofcom has committed to considering press freedom implications in all its enforcement decisions. However, critics argue that the sheer volume of content moderation required may lead platforms to over-remove content — including legitimate journalism — to avoid regulatory risk. For background on Ofcom's broader role, see our guide to the Ofcom Broadcast Code.

Implications for Online News Publishers

Online news publishers face several practical implications under the OSA:

Comment sections: If your website allows user-generated comments, it may fall within the scope of the Act as a “user-to-user service.” You would then be subject to duties around illegal content and potentially harmful content, depending on your size and reach.
Distribution via social media: When you publish stories on social media platforms, those platforms must apply the journalistic content protections before removing or restricting your content.
Audience engagement tools: Forums, live blogs, and interactive features may trigger OSA obligations if they allow user-generated content.
Archive content: The Act applies to existing content as well as new publications. Review legacy content for compliance with the new framework.

Social Media Reporting Under the OSA

Journalists who report on social media content face particular challenges under the OSA. The Act's provisions on illegal content include specific offences such as the sharing of intimate images without consent, cyberflashing, and the encouragement of self-harm. When reporting on these issues, journalists must balance the public interest in exposure against the risk of amplifying harmful content.

The Act also creates new communications offences — including a “false communications” offence and a “threatening communications” offence — that replace and expand upon the old Section 127 of the Communications Act 2003. Journalists should be aware that these offences are broadly drafted and could potentially catch certain forms of undercover or investigative reporting if not handled carefully.

Warning: The “false communications” offence under Section 179 of the OSA criminalises sending a message that the sender knows to be false, where the sender intends to cause non-trivial psychological or physical harm. While this is unlikely to affect straightforward journalism, it could have implications for undercover investigations involving deception. Seek legal advice if your reporting involves communicating under a false identity online.

User-Generated Content and Platform Liability

The OSA fundamentally changes the liability landscape for platforms hosting user-generated content. Under the old framework (primarily the E-Commerce Directive as retained in UK law), platforms benefited from broad hosting immunity provided they acted expeditiously to remove illegal content upon notification. The OSA imposes proactive duties — platforms must now take steps to prevent users from encountering illegal content and must have systems in place to identify and remove it.

For journalists, this creates both opportunities and risks. On one hand, platforms may be more responsive to takedown requests for content that harasses or threatens journalists. On the other, the pressure on platforms to remove content proactively may lead to the over-removal of legitimate journalistic material, particularly investigative content that includes references to criminal conduct, extremism, or other sensitive topics.

Practical Steps for UK Journalists

Understand your publisher's status: Check whether your employer or client qualifies as a “recognised news publisher” under the Act. If so, your content benefits from enhanced protections on platforms.
Document content removals: If a platform removes your content, screenshot the notification, note the reason given, and use the expedited appeals process. Keep records for potential legal challenges.
Review your own platforms: If you run a personal blog or news website with comment sections or forums, assess whether it falls within scope of the OSA and take steps to comply.
Stay updated on Ofcom codes: Ofcom is publishing its codes of practice in phases. Monitor these for changes that may affect how platforms treat journalistic content.
Engage with press freedom organisations: Bodies such as the NUJ, the Society of Editors, and the News Media Association are actively monitoring the OSA's impact on journalism. Their guidance will evolve as the Act is implemented.

Further Resources

Full text: Online Safety Act 2023
Social Media Guide for UK Journalists — best practices for reporting on and via social platforms
IPSO Editors' Code 2025 — understanding the regulatory framework that determines recognised publisher status
Resources Library — legal quick-reference guides for UK journalists