In our blog post:
Is your website impacted by the UK Online Safety Act 2023?
we previously referenced guidance published by Ofcom to help website administrators better understand how the Online Safety Act 2023 might impact their website, themselves and their organisation.
We have since found a better place from which to start this journey and a useful Online Safety Regulation Checker.
Read more: Guide for services - complying with the Online Safety Act
Are you impacted by the Online Safety Act?
The short answer to this question is yes.
Reason, to determine whether or not you are impacted requires that you dedicate time to research the requirements of the new law.
Thankfully, Ofcom provide a useful Online Safety Regulation Checker to help you consider if the new "online safety regulations apply to your business".
Visit the following link to use the Regulation Checker to discover whether you and your website is impacted.
Read more: Online Safety Regulation Checker
We completed the Regulation Checker for our websites
The Reguation Checker comprises six questions. The following tabs show our reponses.
How did we do?
Scroll down to see the results.
1. Does your online service have links with the UK?
Your online service has links with the UK if:
UK users are a target market for your service or it has a significant number of UK users.
Our response: Yes.
2. Do you provide a “user-to-user” service?
A user-to-user service is an online service that allows its users to interact with each other. This includes the ability to generate, upload or share content, such as images, videos, messages or comments, with other users of that online service.
User-to-user services include online services which allow private messaging between users.
Our response: No.
3. Do you provide a search service?
A search service is an online service which is, or includes, a search engine. A search engine is a feature which enables users to search more than one website and/or database.
Our response: No.
4. Does your online service publish or display pornographic content?
Our response: No, we don't publish/display any pornographic content.
5. Do any exemptions apply to the content on your online service?
Yes, users can only communicate by email, SMS, MMS and/or one-to-one live aural communications.
Our response: Yes, users can only communicate by email, SMS, MMS and/or one-to-one live aural communications.
6. Do any exemptions apply to your online service?
Our response: No, none of the above applies.
Result
"Does the Online Safety Act apply to your service?
Based on the answers you have provided, No.
The Online Safety Act is not likely to apply to your online service."
So based on our responses to the "Regulation Checker" our websites do not appear to fall within the scope of the Online Safety Act and we do not need to take any further action.
Caveat (latin for "be careful")
Ofcom qualify the result provided by their online "Regulation Checker" stating:
"Please note that this result is indicative only and based on the answers you have provided. It does not constitute legal advice or an Ofcom decision.
It is for providers of online services to assess their service and/or seek independent specialist advice in order to determine whether their online service (or the relevant parts of it) are subject to the regulations and understand how to comply with the relevant duties."
Our Response: vigilans esto!
Be vigilant.
If at some future date we were to make significant changes to our websites and/or the law were to change, then our websites could as a result fall within the scope of the Online Safety Act.
Fingers crossed :)
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We help and support managers responsible for Joomla! CMS websites in UK business, academy school and third sector organisations across Cheshire, Greater Manchester, Merseyside and North West England.
