The Online Safety Act 2023 represents one of the most significant updates to the UK’s internet legislation in recent years. Its stated purpose is to protect individuals, especially children, from harm online. As the Act comes into effect, a notable trend has emerged: a sharp increase in virtual private network (VPN) usage among UK internet users.
This blog post explores the core provisions of the Online Safety Act, the regulatory powers it grants, its implications for digital privacy, and why it may be driving users to adopt VPNs at unprecedented levels.
What is the Online Safety Act?
The Online Safety Act 2023 (formerly known as the Online Safety Bill) received Royal Assent on 26 October 2023, becoming law in the United Kingdom. The Act is designed to:
- Reduce exposure to illegal content online.
- Protect children from harmful material.
- Ensure greater accountability from tech platforms and content providers.
It introduces a statutory duty of care for certain online services, particularly those hosting user-generated content or facilitating user interactions, such as:
- Social media platforms (e.g., Facebook, TikTok, Instagram).
- Search engines.
- Messaging services (e.g., WhatsApp, Snapchat).
- Online forums and communities.
- Pornographic websites.
These services must take “proportionate steps” to prevent and mitigate the risk of harm to users in the UK.
Key Requirements of the Act
1. Removal of Illegal Content
Platforms must act swiftly to identify and remove content that is illegal under UK law. This includes:
- Terrorism-related material.
- Child sexual abuse material (CSAM).
- Revenge pornography.
- Incitement to violence or hate.
- Online fraud and scam content.
Failure to act may result in fines or legal action.
2. Protection of Children
Services likely to be accessed by children must:
- Conduct risk assessments regarding exposure to harmful content.
- Implement age-appropriate safety measures, such as content filters.
- Prevent children from accessing pornographic or otherwise unsuitable material.
This has led to growing calls for robust age assurance mechanisms, including age verification technology.
3. Empowering Adult Users
Adults are to be given tools to filter out legal but potentially harmful content, such as:
- Misogynistic abuse.
- Self-harm encouragement.
- Cyberbullying.
While the Act aims to protect freedom of expression, it also introduces content moderation duties for platforms requiring a balance between safety and free speech.
4. Regulation by Ofcom
The UK’s communications regulator, Ofcom, has been designated as the online safety regulator. It has powers to:
- Investigate platforms for breaches of their safety duties.
- Issue fines of up to £18 million or 10% of global annual turnover whichever is higher.
- Compel platforms to improve safety features or implement stronger controls.
- Prosecute tech executives in extreme cases of non-compliance (particularly regarding child safety).
Age Verification and Privacy Concerns
One of the most controversial aspects of the Act is the potential requirement for age verification across various online services.
Age Assurance Methods
To comply, companies may introduce:
- ID checks (e.g., passports, driving licences).
- Biometric data checks (e.g., facial recognition, voice analysis).
- Third-party verification tools to confirm a user’s age without storing personal information.
While designed to protect minors, these measures raise serious questions about user privacy, data protection, and potential misuse of sensitive data.
Privacy Advocacy Concerns
Groups such as the Open Rights Group, Privacy International, and Big Brother Watch have expressed concern that:
- Age verification may lead to mass surveillance or identity tracking.
- Platforms could be pressured to store sensitive documents and biometric data.
- Users may feel discouraged from accessing legal content, fearing a loss of anonymity.
VPN Usage on the Rise
In response to the Online Safety Act’s requirements particularly around identity checks and content filtering VPN usage has surged in the UK.
What is a VPN?
A Virtual Private Network (VPN) is a tool that:
- Encrypts internet traffic between your device and the web.
- Masks your IP address, making it appear as if you’re accessing the internet from another country.
- Protects anonymity by hiding browsing history from ISPs and governments.
Why Are People Turning to VPNs?
- Avoiding Age Verification
Users seeking to bypass age checks on websites, especially adult or controversial platforms may use VPNs to make it appear they are accessing content from outside the UK, where such checks may not be enforced. - Preserving Online Anonymity
Privacy-conscious users worry that ID verification could compromise their freedom of expression, especially on forums, political sites, or health-related services. A VPN adds a layer of anonymity. - Access to Blocked Content
If certain platforms choose to block UK users rather than comply with the Act, VPNs allow users to regain access by appearing to connect from another jurisdiction. - Resisting Overreach
Some see the legislation as government overreach, giving Ofcom and tech platforms too much control over online speech. VPNs offer a form of resistance by making tracking and enforcement more difficult.
Impact on Businesses and Platforms
A New Compliance Burden
Tech companies particularly smaller firms and startups must now assess whether their services fall within the scope of the Act. If they do, they are responsible for:
- Conducting regular risk assessments.
- Ensuring compliance with safety duties.
- Implementing transparent reporting on harmful content.
Risk of Over-Moderation
To avoid penalties, some platforms may resort to over-censoring content, leading to:
- Reduced diversity of opinion.
- Suppression of controversial but legal material.
- Limitations on free expression and innovation.
Financial and Technical Costs
Implementing age assurance tools, moderation systems, and compliance reporting will require significant investment, particularly for:
- AI-powered moderation tools.
- User reporting systems.
- Content filtering and categorisation engines.
The Global Perspective
The UK is not alone in pushing for stronger online regulation. Similar moves are underway in:
- Australia (Online Safety Act 2021).
- European Union (Digital Services Act).
- United States (KOSA, EARN IT Act proposals).
However, the UK’s Online Safety Act is considered one of the most far-reaching, especially in its potential to enforce criminal liability for non-compliance and its strong emphasis on child protection.
Conclusion
The Online Safety Act is a landmark law aimed at making the UK internet space safer, especially for children. It holds tech platforms to account for how they handle harmful or illegal content and requires proactive risk management and reporting.
But its implementation is also triggering a fundamental shift in user behaviour, with many turning to VPNs to retain control over their online identity, privacy, and access to content. As VPN adoption rises, it signals a growing tension between government regulation and individual digital freedoms.
The coming years will be critical as Ofcom begins enforcement, platforms adapt, and users navigate the new landscape of online safety and privacy in the UK.
Sources and Further Reading:
- UK Parliament: Online Safety Act 2023
- Ofcom: Online Safety Regulation
- Big Brother Watch: Concerns about Age Verification
- BBC News: VPN Usage Soars in the UK Amid Online Safety Concerns