Challenging Online Safety Act decisions – your questions answered

The Online Safety Act ("OSA") continues to make headlines as its implementation gathers pace. Ofcom has now announced an enforcement programme to monitor compliance by those within the scope of the OSA, making it clear that there will be nowhere to hide.

We have previously considered various aspects of this new and wide-reaching legislative regime on this blog, including most recently how fundamental rights are engaged and what the EU equivalent regime tells us about the kinds of disputes that may arise.

We have now also published a detailed FAQ on how a regulated provider can challenge a decision taken by Ofcom under the OSA, as part of our broader Online Safety Series. This looks at the following questions:

• What decisions can be challenged under the OSA?
• What are the potential routes for challenge?
• What substantive grounds of challenge can be raised?
• What procedural concerns could be raised?
• What does a judicial review challenge look like and how is it different to a 'typical' High Court claim?
• Who can bring a challenge?
• What can be achieved through a challenge?
• Is there anything else to consider when engaging with regulators?

The article aims to answer questions that those who may be deemed to be in scope of the OSA might have to ensure they are well prepared to engage with Ofcom and protect their own position as Ofcom's compliance and enforcement programme develops.