Effective enforcement of the Online Safety Act and Digital Services Act: unpacking the compliance and enforcement regimes of the UK and EU’s online safety legislation
Stephanie Law
Abstract
The Online Safety Act (OSA)Footnote1 and Digital Services Act (DSA)Footnote2 constitute the UK and EU’s attempts to regulate the systems and processes of online service providers, and in so doing provide a framework to make the internet safer, mitigating risks of harm arising from the accessibility and dissemination of illegal and harmful content, while protecting users’ fundamental rights and freedoms. While the legislative endeavours have similar aims, they adopt markedly different approaches, in relation to the concept of harm engaged and as regards their regulatory frameworks and approaches to multi-level governance. This paper outlines the enforcement frameworks envisaged under each piece of legislation, examining the role attributed to online platforms as private actors, the investigatory and sanctioning powers of national and supranational regulatory bodies, the scope for judicial intervention and opportunities for coordination between the European Commission and OFCOM in areas of common interest.Footnote3