Digital Regulation | UK Regulatory Outlook January 2025

UK Online Safety Act 2023 

This year we will see some of the Online Safety Act 2023 (OSA), designed to improve user safety in the online world, coming into effect. The OSA became law in October 2023 and, while some provisions are already in effect, compliance with the main duties on user-to-user and search services (to mitigate against illegal harms) will not kick in until March 2025. Other specific rules relating to the protection of children and the additional duties for categorised services are still awaiting the finalisation of Ofcom's codes of practice and regulatory guidance.  

Marking a major milestone in the OSA's implementation, Ofcom's illegal harms codes of practice and guidance were published in December 2024. This signalled the start date for services to comply with the new rules on conducting illegal content risk assessments.  

All in-scope services must complete their illegal content risk assessment, to evaluate the risk of harms to users resulting from the presence of illegal content on their service, by 16 March 2025. Subject to Parliamentary approval of the codes of practice, services will need to implement the recommended measures set out in these codes (or be using other effective measures to protect users from illegal content) by 17 March 2025. See our Insight on the codes and guidance. 

 Ofcom's updated online safety roadmap, including important dates for compliance, outlines its further plans for 2025. These include final children's access assessments guidance, coming in January 2025, draft guidance on protecting women and girls coming in February 2025 and additional protections for children from harmful content to be published in April 2025. See our Insight for further detail on implementation. Ofcom also intends to publish an additional consultation on further illegal content codes of practice measures in spring 2025. 

In November 2024, the government published its draft Statement of Strategic Priorities for online safety setting out its focus areas that it expects Ofcom to have regard to. This is the first extensive official statement by the Labour government addressing the OSA, since it took office in July 2024, and it expects industry to adhere to it. See this Regulatory Outlook for more information.  

Ofcom has also made it clear that it is ready to enforce the OSA. The risk of non-compliance is high, as the online safety regulator has the power to fine companies up to £18m or 10% of their qualifying worldwide revenue, whichever is greater and, in very serious cases, it can apply for a court order to block a site in the UK. Services therefore need to act now.  

Key dates 

• January 2025 – Ofcom due to publish its final children's access assessments guidance; service providers will then have three months to complete their children's access assessment process. 
• 16 March 2025 – by this date in-scope services need to complete an illegal content risk assessment to evaluate the risk of illegal content on their service.   
• 17 March 2025 – from this date providers will need to implement the measures set out in Ofcom's illegal content codes (or be using other effective measures to protect users from illegal content).    
• April 2025 – Ofcom plans to publish its children's risk assessment guidance and the first version of its protection of children codes of practice. Services likely to be accessed by children then have three months to carry out a children's risk assessment. 
• June-July 2025 – Ofcom plans to publish its register of categorised services. 
• July 2025 – Ofcom's codes of practice on the protection of children are expected to come into force. Services likely to be accessed by children must comply with the child safety duties from this point. 

UK Media Act 2024 

The UK Media Act 2024 became law in May 2024, but most of its provisions depend on secondary legislation to become effective. Implementation is also dependent on action from Ofcom.  

In February 2024,  the regulator published a roadmap setting out its timelines for implementation of each part of the Act. A range of publications from Ofcom are expected in 2025, including, in Q1 2025, a consultation on modernisation of the public service broadcasting (PSB) framework and a consultation on the draft video-on-demand (VoD) services regime codes and guidance. 

The Media Act 2024 (Commencement No. 1) Regulations 2024 were made in August 2024, marking the first step towards the PSB prominence framework and the "Tier 1" VoD services regime becoming effective. However, both need further codes, guidance and regulations before they will become fully operative. See our Insight for more details.   

VoD services regime 

In September 2024, the government pushed forward the commencement of the Tier 1 VoD regime by asking Ofcom to produce a report on the state of the UK VoD market, which the government must consider when formalising the Tier 1 service regime.  

According to Ofcom's roadmap, the secretary of state is expected to designate the VoD services in scope of the new regime in the beginning of 2025, and Ofcom's final VoD code and guidance is anticipated towards autumn.  

Availability and prominence regime 

Under the Act, Ofcom is also obliged to provide a report to the secretary of state with recommendations on the designation of "television selection services" (TSS), a new online availability and prominence regime for PSBs' TV apps distributed on connected TV platforms. Under the regime, TSS that are designated by the secretary of state will have to ensure that Ofcom-designated PSB TV apps are available, prominent and easily accessible on the platform.  

The regulator is now consulting on its statement on the principles and methods it will apply when preparing the report. The consultation closes on 5 February 2025. Ofcom plans to issue final statements by April 2025 and it is expected that decisions on designation will be made in the second half of 2025.  

Ofcom must also consult on codes of practice on prominence and accessibility, as well as guidance on agreement objectives, which is expected towards the end of 2025. Designated TSS will not need to comply with the prominence and accessibility duties until the beginning of 2026.  

On 14 November 2024, the Internet Television Equipment Regulations 2024 came into force, setting out the devices that are considered to be "internet television equipment" for the purposes of the prominence framework. See this Regulatory Outlook for more details. 

Regulation of radio services 

Part 5 of the Media Act, which regulates commercial radio, was brought into force via secondary legislation on 17 October 2024. See this Regulatory Outlook for more details.  

Part 5 covers, among other things, local analogue commercial radio licences and their renewal. Previously, renewal was only available if the licence holder was also broadcasting a digital radio service on a "relevant" DAB multiplex. The Act introduces an additional, alternative statutory basis for licensees to apply for renewal if there is a "relevant" DAB multiplex available, but it is not "suitable" for their needs. Ofcom is now consulting on its approach to considering renewal applications under this new renewal route. Essentially, Ofcom is proposing that a "relevant" local or small-scale multiplex should be considered "unsuitable" in relation to an analogue services only if there is a substantial difference in the size of their coverage areas. The consultation closes on 5 February 2025. 

Key dates 

• January-March 2025 – the secretary of state is expected to designate in-scope VoD services and Ofcom will consult on its VoD code of practice and guidance. 
• April-June 2025 – Ofcom will publish its final statements on PSB framework modernisation, following consultation. 
• April-June 2025 – Ofcom will publish its consultation on a draft code of practice and guidance on the Listed Events regime, having conducted a call for evidence at the beginning of 2025. 
• July-September 2025 – Ofcom will publish the final VoD code and guidance. 
• Second half of 2025 – Ofcom will publish the lists of designated PSB TV apps and TSS. 
• October-December 2025 – Ofcom will consult on codes of practice on prominence and accessibility, as well as guidance on agreement objectives 
• October-December 2025 – Ofcom will consult on dispute resolution and enforcement under the availability and prominence regime. 

Digital Markets, Competition and Consumers Act

Please see Consumer law.   

EU Digital Fairness Act

Please see Consumer law.