The Online Safety Act (OSA) in the United Kingdom will come into full effect on July 25, 2023, requiring game developers worldwide to comply if their products target UK users or are likely to be accessed by children in the UK. This legislation aims to create a safer online environment, particularly for younger audiences, by setting higher standards for protection than for adult users. Andrew Wailes, CEO of PlaySafe ID, emphasizes the need for game makers to understand their obligations under this new law, as non-compliance could lead to fines of up to £18 million or 10% of global turnover, whichever is greater.
Understanding the Online Safety Act
The OSA mandates that online services, including video games, prioritize safety by design. As per the legislation, companies must ensure transparency and accountability while protecting children from harmful content. The law encompasses a wide range of services, and since Ofcom, the independent regulator, classifies games as a fundamental form of entertainment for children, the gaming industry falls squarely within its scope.
Despite some pushback from industry stakeholders about the applicability of a one-size-fits-all approach to diverse gaming platforms, lawmakers ultimately decided to include all video games and related services such as streaming and communication platforms. This decision underlines the urgent need for all game developers, large and small, to ensure their compliance.
Immediate Steps for Compliance
Game makers are urged to act swiftly as the deadline approaches. The OSA marks a significant shift in how online safety is regulated, and similar legislation is being developed in other countries, including Australia and EU member states. Meeting the UK’s compliance requirements now can provide a head start for global regulations that are expected to follow.
Among the critical requirements, the OSA stipulates that games must implement effective age verification systems. These systems should be “technically accurate, robust, reliable, and fair” in determining users’ ages. Acceptable methods may include photo-ID matching, facial age estimation, and digital identity services. While some of these methods may primarily apply to adult users, reusable digital identity services incorporating photo ID are likely to be suitable for many gaming companies.
Additionally, developers must assess and address potential illegal content and harmful elements within their games. This includes evaluating risks related to child sexual exploitation and abuse, as well as other forms of online harassment. Notably, even games deemed safe for all ages require thorough risk assessments to ensure compliance.
As part of this process, compiling and documenting “children’s risk assessments” by the deadline of July 24, 2023, is essential. Ofcom’s guidance documents provide a comprehensive overview of these assessments, which should be executed by designated personnel such as data protection officers or child safety officers.
While compliance may seem daunting, Wailes highlights that the OSA is fundamentally aimed at safeguarding children. The legislation is informed by extensive research and consultation with industry professionals, parents, and children. It seeks to enhance the online experience while allowing the gaming industry to flourish by delivering age-appropriate content.
Ultimately, the responsibility lies with game developers to ensure that their platforms are safe and secure, enabling players to enjoy their experiences without exposure to harmful content. Wailes firmly believes that a commitment to effective age assurance and robust content access controls will not only protect young users but also uphold the integrity of the gaming industry.
As the OSA comes into force, it represents a pivotal moment for digital services. The ongoing evolution of online safety legislation across the globe underscores the importance of adapting to new standards. Game companies must prioritize compliance, not only as a legal obligation but as a moral imperative to create a safer online world for everyone.
