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13 min readWhat the Online Safety Act 2023 does
The Online Safety Act 2023 received Royal Assent on 26 October 2023 and is being implemented in stages under Ofcom's regulatory roadmap. The Act creates two main categories of regulated service: Part 2 user-to-user services (platforms on which users share content with other users, including social media, video sharing, and messaging services) and Part 3 search services (search engines).
The Act imposes distinct duties: illegal content duties require all in-scope services to identify and remove content that is illegal in the UK; content harmful to adults duties apply to the largest platforms and require systems to address legal but harmful content for adults; and children's safety duties apply to services likely to be accessed by children, requiring additional protective measures. Ofcom is designated as the regulator and has power to issue codes of practice, conduct investigations, and impose significant fines.
Schedule 1 of the Act sets out exemptions from user-to-user service duties. Among these is the news publisher exemption in Schedule 9, which is of most direct relevance to journalists and media organisations.
The news publisher exemption
Section 50 and Schedule 9 of the OSA 2023 create the news publisher exemption. Platforms must not use their automated content moderation systems to remove, restrict, or demonetise content produced by a recognised news publisher (RNP) on account of its journalistic nature. Before taking action against an RNP's content, a platform must notify the publisher and give them an opportunity to respond.
The exemption is targeted at systematic algorithmic suppression of journalistic content — the kind of automated removal or demotion that can occur when content moderation systems flag journalism covering sensitive topics. It does not prevent platforms from removing RNP content that is itself illegal (for example, content that is in contempt of court, that constitutes a criminal offence, or that is otherwise unlawful under UK law).
The notification requirement before taking action against RNP content is a significant procedural protection. A platform that removes RNP content without notice, or that systematically demotes it without justification, may be in breach of its Schedule 9 obligations, giving the affected publisher grounds to raise the matter with Ofcom.
Recognised news publisher (RNP) status
Schedule 9 of the OSA 2023 sets out the criteria that determine whether a publisher qualifies as a recognised news publisher. RNP status is not a formal registration — it is determined by whether the publisher meets the Schedule 9 criteria. The key criteria are: the publisher publishes news-related material in the course of a business (whether commercial or not-for-profit); it has a registered office or principal place of business in the UK; and it either complies with a relevant code of practice (such as IPSO's Editors' Code or IMPRESS's Standards Framework), or meets an alternative set of criteria.
The alternative criteria require: a named senior individual who is responsible for editorial decisions; a mechanism for handling complaints about the news-related material; and editorial decision-making that is independent of the platforms on which the content is published. The last criterion is intended to prevent platform-owned or platform-controlled media operations from benefiting from the exemption.
Outlets should carry out a self-assessment against the Schedule 9 criteria and document their position. Where there is uncertainty — for example, whether the complaints mechanism is sufficient — legal advice may be warranted before relying on the exemption in a dispute with a platform.
Content moderation risks for journalism
The OSA framework creates incentives for platforms to over-moderate content. Where platforms face significant fines for hosting illegal or harmful material, the rational commercial response may be to err on the side of removal when automated systems flag content — even where that content is legitimate journalism. This chilling effect is the primary concern for press freedom bodies in relation to the OSA.
Specific risks for journalists include: algorithmic suppression of investigative content covering crime, extremism, or public health (which may match automated harm-detection patterns); account suspension where a journalist's personal account is flagged for content that would be protected if published by an RNP; and removal of source material that journalists have republished for reporting purposes.
Undercover journalism and source-protection work face heightened risks: material generated by undercover reporters may be flagged by systems designed to detect facilitation of harmful behaviour. Journalists should consider platform moderation risks as part of the planning process for sensitive investigations, and should ensure their outlet has RNP status documented before the material is published.
Platform duties and their implications for press freedom
Platforms subject to the OSA 2023 must implement safety systems, carry out risk assessments, and operate in compliance with Ofcom's codes of practice. The codes of practice set out how platforms should address illegal content and content harmful to adults; platforms that follow the codes have a safe harbour from regulatory action. Platforms that do not follow the codes must demonstrate they achieve equivalent outcomes by alternative means.
The OSA's framework explicitly recognises journalistic content as a category that requires special consideration. Ofcom's guidance distinguishes between journalistic content produced by recognised news publishers and other user-generated content. Platforms must, under the Act, have regard to freedom of expression and the importance of journalism in their safety policies.
The news publisher exemption does not, however, prevent platforms from removing content that violates their own terms of service in ways that are consistent with OSA compliance. A platform may remove an RNP's content that it determines is illegal — the exemption addresses automated moderation of journalistic content, not lawful platform decisions about specific unlawful material.
Ofcom's role and guidance
Ofcom is designated as the sole regulator under the OSA 2023. Its powers are extensive: it can require platforms to carry out risk assessments and submit them to Ofcom; issue information notices demanding information about compliance; conduct investigations; and impose financial penalties of up to 10% of qualifying worldwide revenue. For the largest platforms, this can amount to very large sums indeed.
Ofcom has issued a series of codes of practice and accompanying guidance as part of its regulatory roadmap. It has engaged with press bodies and journalism organisations in developing its approach to journalistic content. Ofcom's published guidance addresses how platforms should treat journalistic content and how the news publisher exemption should be applied in practice.
For journalists and media organisations, Ofcom is the primary point of contact when a platform appears to be systematically failing to comply with its news publisher exemption obligations. Complaints to Ofcom about platform conduct can trigger investigations. Ofcom can also apply to a court for a business disruption order — effectively blocking access to a non-compliant service in the UK — though this power is intended as a last resort.
Implications for freelancers and independent journalists
Freelancers who publish through established outlets benefit from that outlet's RNP status — the exemption attaches to the publisher, not the individual. However, freelancers who self-publish through their own website, newsletter, or social media channels do not automatically benefit from the exemption; they must themselves meet the Schedule 9 criteria.
A sole-trader freelance journalist can qualify as an RNP if they can demonstrate: editorial independence from platforms; a named responsible senior individual (which may be the journalist themselves if they have a formal editorial role); a complaints mechanism accessible to readers; and compliance with a relevant code of practice such as IPSO's Editors' Code (which does accept individual journalist members) or IMPRESS.
The practical burden of establishing and maintaining RNP eligibility as a sole trader is significant. Independent journalists considering reliance on the exemption should take legal advice, document their compliance position, and ensure their complaints mechanism is genuinely accessible. The Society of Editors and the National Union of Journalists have published guidance for independent journalists on the OSA framework.
Four things journalists must know about OSA 2023
The exemption is criteria-based
There is no register of recognised news publishers. RNP status is determined by whether your outlet meets the Schedule 9 criteria. You must self-assess and document your position — do not assume your outlet qualifies without checking.
Illegal content is never exempt
The news publisher exemption does not protect content that is illegal in the UK. Defamatory, contemptuous, or otherwise unlawful journalistic content can still be removed by platforms without triggering the exemption. The exemption addresses algorithmic suppression of lawful journalism.
Ofcom is your regulator and your escalation route
If a platform is systematically suppressing your journalistic content without justification, Ofcom is the body to approach. Document the suppression, confirm your RNP eligibility, and raise a formal complaint. Ofcom has investigation and enforcement powers.
The Act is being implemented in phases
Not all OSA duties came into force at once. Ofcom's regulatory roadmap sets out the phased implementation. Check Ofcom's online safety pages for the current status of each set of duties and codes of practice before relying on the framework.
Key legislation
“means any of the following entities”