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
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
The Online Safety Act (OSA) and Digital Services Act (DSA) 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.
263-300
Law, Stephanie
0778fc4b-cdf4-436e-9fcb-7f2ee2006ca4
12 February 2025
Law, Stephanie
0778fc4b-cdf4-436e-9fcb-7f2ee2006ca4
Law, Stephanie
(2025)
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.
Journal of Media Law, 16 (2), .
(doi:10.1080/17577632.2025.2459441).
Abstract
The Online Safety Act (OSA) and Digital Services Act (DSA) 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.
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Effective enforcement of the Online Safety Act and Digital Services Act unpacking the compliance and enforcement regimes of the UK and EU s online sa
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Effective enforcement of the Online Safety Act and Digital Services Act unpacking the compliance and enforcement regimes of the UK and EU s online sa-1
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Accepted/In Press date: 10 January 2025
e-pub ahead of print date: 12 February 2025
Published date: 12 February 2025
Identifiers
Local EPrints ID: 503138
URI: http://eprints.soton.ac.uk/id/eprint/503138
ISSN: 1757-7632
PURE UUID: 7338e009-2694-4875-9c19-748ada70ebde
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Date deposited: 22 Jul 2025 16:45
Last modified: 22 Aug 2025 02:28
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