The Online Safety Act 2023 (Commencement No. 5) Regulations 2025
These regulations, effective November 3rd, 2025, implement parts of the Online Safety Act 2023 in England, Wales, Scotland, and Northern Ireland.
They mandate that providers of regulated user-to-user services report Child Sexual Exploitation and Abuse (CSEA) content to the National Crime Agency (NCA), establishing related offenses and outlining reporting processes.
The regulations also specify the commencement date for several other Act provisions related to CSEA reporting, information offences, and transparency reports, all within the context of regulated user-to-user services.
Arguments For
Enhanced Child Safety: The regulations mandate reporting of CSEA content, aiming to improve detection and prevention of child sexual abuse online.
Improved Law Enforcement: The requirement for service providers to report CSEA content directly to the NCA streamlines the process and aids investigations.
Increased Accountability: The introduction of offences related to CSEA reporting increases accountability among online service providers.
Legal Basis: The regulations are made under the powers explicitly granted by section 240(1) and (2) of the Online Safety Act 2023.
Arguments Against
Potential Burden on Service Providers: Implementing the reporting requirements might impose significant technical and administrative burdens on online platforms.
Risk of Misidentification: The potential for misidentification of CSEA content could lead to incorrect reports and infringements on freedom of expression.
Data Privacy Concerns: The collection and sharing of data to support CSEA reporting raises considerations related to data protection and user privacy.
Lack of Clarity: The specification of the content to be reported and the specific mechanism are critical for efficient implementation and avoidance of conflicts.
- Citation and extent (1) These Regulations may be cited as the Online Safety Act 2023 (Commencement No. 5) Regulations 2025. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section provides the official title of the regulations and states their applicability across all four nations of the UK. The regulations are titled "Online Safety Act 2023 (Commencement No. 5) Regulations 2025." Its jurisdiction covers England, Wales, Scotland and Northern Ireland.
- Provisions coming into force on 3rd November 2025 (1) Subject to paragraph (2), the following provisions of the Online Safety Act 2023 come into force on 3rd November 2025— (a) section 66(1) and (2) (requirement to report CSEA content to the NCA); (b) section 66(7) to (10); (c) section 69 (offence in relation to CSEA reporting); (d) section 100(6)(a)(iii) (power to require information) in respect of section 66(1), (2) and (7) to (10); (e) section 104(13)(a)(xii) (reports by skilled persons) in respect of section 66(1), (2) and (7) to (10); (f) section 120(2)(a) (admissibility of statements); (g) sections 199 to 203, 204(2) to (4) and 205 (information offences: supplementary and general) in respect of section 69; (h) paragraph 12 of Schedule 8 (transparency reports). (2) The provisions referred to in sub-paragraphs (b) to (h) of paragraph 1 come into force only so far as they relate to regulated user-to-user services.
This section details the specific parts of the Online Safety Act 2023 that take effect on November 3rd, 2025.
Key sections relate to mandatory reporting of Child Sexual Exploitation and Abuse (CSEA) content to the National Crime Agency (NCA), establishing offences related to non-compliance, and transparency reporting.
Importantly, these provisions apply only to regulated services with user-to-user interactions.
Jess Phillips Parliamentary Under-Secretary of State Home Office 19th March 2025
This section indicates the signatory of the regulations, their position, and the date of signing.
The regulations were signed by Jess Phillips, Parliamentary Under-Secretary of State at the Home Office, on March 19th, 2025.
Explanatory Note (This note is not part of the Regulations) These Regulations are the fifth commencement regulations made under the Online Safety Act 2023 (c. 50) (“the Act”). They bring into force duties on providers of regulated user-to-user services to report Child Sexual Exploitation and Abuse (“CSEA”) content to the National Crime Agency (“NCA”) and other provisions, such as the offence relating to CSEA reporting and provisions relating to the Office of Communications’ (“OFCOM”) enforcement powers and the information offences, as they relate to the CSEA reporting requirement. A full impact assessment has been published in relation to the Act and copies can be obtained from the UK Government website at https://www.gov.uk/government/publications/online-safety-act-enactment-impact-assessment or from the Department for Science, Innovation and Technology at 100 Parliament Street, London SW1A 2BQ, United Kingdom.
The explanatory note provides context and clarifies the purpose of the regulations.
It highlights that these are the fifth set of commencement regulations under the Online Safety Act 2023, focusing on CSEA reporting duties for regulated user-to-user services, associated offenses, and OFCOM's enforcement powers.
It also references a published impact assessment.
NOTE AS TO EARLIER COMMENCEMENT Regulations (This note is not part of the Regulations) The following provisions of the Online Safety Act 2023 have been brought into force by commencement Regulations made before the date of these Regulations. [Table of previously commenced sections of the Online Safety Act 2023]
This note lists other sections of the Online Safety Act 2023 that were enacted through previous commencement regulations prior to this document.
This section provides a table showcasing the various provisions of the Online Safety Act 2023 that were brought into force on specific dates by earlier commencement regulations.