Media

Written by Lydia Robinson

Key developments in 2025

In 2025 the practical effect of the Online Safety Act 2023 (OSA) began to bite after two of Ofcom's key Codes of Practice came into force, which sought to clarify the obligations introduced by the OSA two years earlier.

The first of which was Ofcom's Codes of Practice on Illegal Content issued on 24 February 2025.  This built on the requirement under Ofcom's 2024 Risk Assessment Guidance for platforms to complete their illegal content risk assessments (i.e. an assessment of the risk of users encountering illegal content on their platform) by 16 March 2025.  Platforms had until 17 March 2025 to take measures to tackle illegal harms as identified in these risk assessments in accordance with Ofcom's recommendations, which represented the first deadlines for platforms to comply with under the OSA.

The second of the key codes was published on 4 July 2025, being the Protection of Children Codes of Practice.  Platforms likely to be accessed by children were required to implement effective measures to protect child users from harmful content by 25 July 2025. Of these measures, Ofcom placed particular focus on the requirement for platforms which pose a risk of child users accessing "primary priority content" (i.e. pornographic content) to implement "highly effective age assurance" (e.g. facial age estimation and ID matching).  Ofcom's focus on this requirement has been evident in its ongoing enforcement programme, including recent fines as large as £1 million for failures to comply, which we expect to continue in 2026. 

Alongside enforcement priorities, Ofcom's key focuses for 2026 appear to be (a) publishing guidance on the additional safety measures to be introduced which were subject to consultation earlier this year and (b) considering whether the types of content which Ofcom deems harmful to children should be expanded, with updates expected in Autumn 2026. 

What to look out for in 2026

After wavering political attention in 2024 to tackling Strategic Litigation against Public Participation (SLAPPs), on 30 June 2025 measures were finally introduced by sections 194 – 195 of the Economic Crime and Corporate Transparency Act 2023 (ECCTA).  The provisions permit a court to strike out claims which are (a) deemed to be a SLAPP (i.e. abusive actions intended to curtail public‑interest speech in respect of alleged economic crimes where the claimant's behaviour is intended to cause harassment, alarm, distress or expense "beyond that ordinarily encountered in the course of properly conducted litigation") and (b) where the claimant has failed to show that it is more likely than not that their claim would succeed at trial.  We haven't yet seen this provision deployed in court but expect 2026 may be the year we get clarity on how this mechanism is applied in practice. 

Given the provisions in the ECCTA are limited to matters concerning alleged economic crime, it remains to be seen whether 2026 is the year the reach of the current legal framework is extended to include matters concerning public interest more generally.  This would likely come in the form of the current SLAPPs private members bill (the Bill).  The Bill has been subject to slow progress, being introduced to the House of Commons in January 2025 and only reaching the second reading stage in December.  This version of the Bill is the second draft to make its way through Parliament after its predecessor failed to make it through the Parliamentary washup in 2024.  It is hoped that 2026 brings greater progress in this respect.