The Online Safety Act 2023 (Commencement No. 5) (Revocation) Regulations 2025
These Regulations, made by the Secretary of State under the Online Safety Act 2023, revoke the Online Safety Act 2023 (Commencement No. 5) Regulations 2025, thereby preventing specific provisions of the Act that mandate certain user-to-user service providers to report child sexual abuse and exploitation content to the National Crime Agency from coming into force on their scheduled date of November 3rd, 2025; this legislative action extends across England, Wales, Scotland, and Northern Ireland and is stated not to require a full impact assessment.
Arguments For
The revocation allows for a delay or potential reconsideration of the specific requirements for regulated user-to-user services to report child sexual abuse and exploitation content to the National Crime Agency (NCA), potentially addressing practical implementation concerns identified since the original commencement order was made.
It avoids imposing immediate new regulatory burdens on service providers linked to the reporting mechanism until potentially revised or better-scoped commencement regulations are laid before Parliament, which might be necessary following further stakeholder consultation or technical readiness assessments.
Arguments Against
The immediate reversal of planned commencement dates delays the implementation of measures intended to combat child sexual abuse and exploitation online, potentially leaving victims vulnerable during the intervening period.
Reversing a commencement order might suggest instability or a lack of clear commitment to the provisions of the Online Safety Act 2023, creating uncertainty for tech companies that had prepared systems based on the previous commencement schedule for November 3rd, 2025.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 240(1) and (2) of the Online Safety Act 2023.
The Secretary of State created these Regulations using the authority granted under subsections 240(1) and 240(2) of the Online Safety Act 2023.
- Citation and extent
(1) These Regulations may be cited as the Online Safety Act 2023 (Commencement No. 5) (Revocation) Regulations 2025.
(2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
The official short title of this legal instrument is the Online Safety Act 2023 (Commencement No. 5) (Revocation) Regulations 2025.
These rules apply to the whole of the United Kingdom: England, Wales, Scotland, and Northern Ireland.
- Revocation
The Online Safety Act 2023 (Commencement No. 5) Regulations 2025 are revoked.
This regulation formally cancels the previously issued Online Safety Act 2023 (Commencement No. 5) Regulations 2025.
Explanatory Note (This note is not part of the Regulations)
These Regulations revoke the Online Safety Act 2023 (Commencement No. 5) Regulations 2025 (“the Commencement Regulations”), which would have brought into force provisions of the Online Safety Act 2023 (“the Act”) requiring certain providers of regulated user-to-user services to report child sexual abuse and exploitation content to the National Crime Agency.
As a result, the provisions of the Act listed in regulation 2 of the Commencement Regulations, will no longer come into force on 3rd November 2025.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on private, voluntary or public sectors is foreseen.
This note, which is not part of the official law, explains that these Regulations cancel the 'Commencement Regulations.' Those previous regulations would have activated requirements under the Online Safety Act that compel specified user-to-user services to send reports about child sexual abuse and exploitation material to the National Crime Agency (NCA).
Consequently, the scheduled commencement date of November 3rd, 2025, for those specific provisions listed in regulation 2 of the cancelled regulations, is cancelled.
Authorities determined that a detailed regulatory impact assessment was unnecessary for this instrument because minimal or no significant effects are expected on the private, voluntary, or public sectors.
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