The Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2025
These Regulations amend Schedule 7 of the Online Safety Act 2023 by designating specific criminal acts as 'priority offences,' which imposes specific duties on online service providers to tackle content related to these crimes.
Specifically, the Regulations introduce an offence concerning encouraging or assisting serious self-harm and update provisions regarding offences under the Sexual Offences Act 2003 related to sharing intimate images, having been approved by Parliament and extending across the UK. The legal instrument also revokes the previous related amendment regulations from 2024.
Arguments For
Expanding the definition of 'priority offences' under the Online Safety Act 2023 ensures that online platforms have heightened duties of care regarding illegal content covering serious self-harm promotion and specific digital sexual offenses.
Adding offences like encouraging or assisting serious self-harm directly addresses harms prevalent on regulated online services, which the Secretary of State deems severe and widespread enough to warrant specific regulatory focus under the Act.
Updating Schedule 7 by replacing and reinforcing previous statutory instruments (like S.I. 2024/1188) streamlines the list of high-priority illegal content, ensuring regulatory focus stays current with prevalent online dangers, specifically concerning image-based sexual abuse.
Arguments Against
The scope of the amendment might impose significant new compliance burdens on service providers, particularly smaller entities, to detect, remove, and report content related to the newly listed offences across their platforms.
Modifying the list of priority offences through secondary legislation may lack the full parliamentary scrutiny afforded to primary legislation, potentially altering the balance of platform responsibility without extensive public debate.
Introducing offences related to sharing intimate images (Sexual Offences Act 2003 provisions) might raise implementation questions regarding jurisdiction and the definition of 'sending' or 'sharing' in the context of rapid content diffusion online.
The Secretary of State makes these Regulations in exercise of the powers conferred by section 222(3) of the Online Safety Act 2023 . The Secretary of State considers it appropriate to add to Schedule 7 to that Act the offences set out in regulation 2(2) and 2(3) on the ground set out in section 222(4) of that Act.
In accordance with section 225(1)(k) of that Act, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament.
The Secretary of State created these Regulations using powers granted by section 222(3) of the Online Safety Act 2023.
The Secretary of State determined it was appropriate to add the specific offences detailed in regulation 2(2) and 2(3) to Schedule 7 of that Act, based on the justification provided in section 222(4) of the Act.
Before coming into force, a draft of these Regulations received approval through a resolution passed by both Houses of Parliament, as required by section 225(1)(k) of the Act.
Citation, commencement and extent 1. (1)
These Regulations may be cited as the Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2025.
(2)
These Regulations come into force on the 21st day after the day on which they are made.
(3)
These Regulations extend to England and Wales, Scotland and Northern Ireland.
The official short title for this legislation is the Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2025.
These rules officially become effective 21 days following the date they are formally enacted.
These Regulations apply legally across all parts of the United Kingdom: England, Wales, Scotland, and Northern Ireland.
Amendment of Schedule 7 to the Online Safety Act 2023 2. (1)
Schedule 7 to the Online Safety Act 2023 (priority offences) is amended in accordance with paragraphs (2) and (3).
(2)
After paragraph 2 insert—
“Encouraging or assisting serious self-harm”
2A.
An offence under section 184 of this Act (encouraging or assisting serious self-harm).”.
(3)
For paragraph 28A substitute—
“28A.
An offence under any of the following provisions of the Sexual Offences Act 2003—
(a)
section 66A (sending etc photograph or film of genitals);
(b)
section 66B (sharing or threatening to share intimate photograph or film).”.
Schedule 7 of the Online Safety Act 2023, which lists 'priority offences,' is modified as detailed in the subsequent two paragraphs.
This amendment dictates which online activities require the highest level of regulatory scrutiny by service providers.
New paragraph 2A is inserted after paragraph 2, specifically listing the offence of encouraging or assisting serious self-harm, as defined under section 184 of the Online Safety Act itself.
Paragraph 28A of Schedule 7 is entirely replaced.
The updated version lists specific sexual offences from the Sexual Offences Act 2003: section 66A concerns sending or distributing images of genitals, and section 66B covers sharing or threatening to share intimate photographs or films.
Revocation 3.
The Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2024 are revoked.
This Regulation officially revokes the previous legislation, The Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2024.
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