Online Safety Act 2023: The Adult Industry-Specific Lowdown

July 31, 2024

Online Safety Act 2023: The Adult Industry-Specific Lowdown

Staying ahead of regulatory changes is crucial for maintaining a successful and compliant platform. This can feel impossible when the Act’s wording is so formal and technical. So let us break it down for you.

The Online Safety Act introduces new requirements aimed at protecting users from harmful content and ensuring safer online environments. Here’s our straightforward guide on what needs to be done to comply with this important legislation for platforms that are “A user-to-user service” with “user-generated content” and “regulated provider pornographic content”, with “comments and reviews on provider content”.

1. Understand the Basics

The Online Safety Act requires platforms to take proactive measures to mitigate risks associated with illegal content and other harmful activities. Compliance involves several key areas:

Design and Operation Duties: Ensure all aspects of your platform—from content upload and moderation to user support and staff policies—are designed to manage and mitigate risks.
Privacy and Data Protection: Implement robust age verification methods while safeguarding user privacy and personal data.

2. Terms of Service Duties

Your platform’s terms of service must clearly outline how you protect users from illegal content. Specifically, you need to:

Specify Protections: Detail how individuals are protected from illegal and priority illegal content.
Proactive Technology: Describe any proactive technology used for compliance, including its type, usage, and functionality.
Accessibility: Ensure that this information is clear and accessible to all users, including children.

3. Conducting Risk Assessments

Performing regular risk assessments is crucial. This involves:

Identifying Risks: Use risk profiles to identify potential illegal content and harmful activities.
Ongoing Evaluation: Continuously evaluate and update your risk assessments, especially when there are changes to your platform’s design or operation.
Monitoring: Keep an ongoing watch for new risks and update your strategies accordingly.

4. Content Reporting Duty

Make it easy for users to report issues related to illegal content and platform non-compliance. Your platform should:

Complaints Procedure: Provide a straightforward process for users to report illegal content and any non-compliance issues.
Transparency: Ensure users can easily access information about the content in question and the actions taken by your platform.
Terms of Service: Include clear policies in your terms of service on how complaints are handled and resolved.

5. Strengthening Privacy and Security

To build trust and ensure compliance, focus on robust privacy and security measures:

Secure Data: Use encryption and secure payment gateways to protect user data.
Age Verification: Implement effective age verification methods that protect user privacy and comply with data protection laws.
Clear Guidelines: Provide clear information on data usage and privacy protection measures, such as pseudonyms and geographic blocking.

6. Staying Informed and Proactive

The regulatory landscape is constantly changing, so it’s essential to stay informed and proactive:

Legal Updates: Keep up with new regulations and legal requirements.
Expert Consultation: Work with legal experts to ensure your platform remains compliant.
Advocacy: Engage in industry advocacy to represent your interests and those of your users in policy discussions.

By understanding the requirements, updating your terms of service, conducting regular risk assessments, and implementing robust privacy and security measures, you can stay ahead of the curve and build a trusted, compliant platform.

Investing in innovation and staying proactive will not only help you meet regulatory demands but also enhance your service and strengthen user trust.

Still confused? Here’s the Online Safety Act summarised in a sentence: Platforms must proportionately identify, mitigate, and manage risk.

Post tag :

All, Online Safety

Harper

Thornhill Digital CEO &Founder