Why the UK Online Safety Act Is Doomed to Fail: Flaws and Pitfalls

Why the UK Online Safety Act Is Doomed to Fail: Flaws and Pitfalls
The Online Safety Act (OSA) overhauls how UK platforms handle harmful and adult content by imposing legal duties on websites and apps to verify ages, remove illegal material, assess risks, and face fines up to £18 million or 10% of global turnover for non-compliance. While its intentions—to shield children from self-harm, pornography, violence and more—are commendable, multiple structural flaws undermine its effectiveness and risk greater harm than benefit.
Key Provisions of the Online Safety Act
- Age verification for all adult-content sites, requiring “highly effective” checks such as photo ID, biometric scans or financial verification before granting access to users over 18.
- New duties on user-to-user and search services to prevent, detect and remove illegal material (terrorism, child sexual abuse, suicide encouragement, fraud, etc.), backed by Ofcom-issued Codes of Practice and mandatory risk assessments.
- Obligations for platforms to conduct regular “Children’s Access Assessments” and implement “safety by design,” including algorithmic filters to stop minors encountering harmful content like self-harm or eating-disorder promotion.
- Categorisation of services into three tiers (Category 1, 2A, 2B) based on UK user counts and recommender or messaging features, with escalating transparency, redress and content-moderation requirements for larger platforms.
Major Flaws and Limitations
1. Privacy and Data Security Risks
Mandatory age checks force users—often anonymously browsing—to hand over credit-card details, government IDs, selfies for facial-estimation or open-banking credentials. Every such data store becomes a lucrative target:
- High-profile breaches (Electoral Commission, major retailers) prove no system is breach-proof, yet OSA age-verification databases will contain even more sensitive footage and personal details ready for blackmail or identity theft.
- Adult content viewing carries social stigma; tying identity to this behavior vastly increases privacy harms when data leaks occur, and compensation cannot truly “erase” reputational damage.
2. Ineffective Age Verification and Ease of Circumvention
Tech-savvy users—especially determined teenagers—will bypass UK checks in seconds:
- VPN downloads in the UK spiked dramatically (up to 1 800% for some providers immediately after the OSA’s July 25 rollout), letting users appear to connect from abroad without age gates.
- Simple workarounds like borrowed credit cards, shared IDs with parents or deep-fake “in-game selfies” have already defeated facial-estimation tools, casting doubt on the reliability of current age-assurance methods.
- Ofcom’s ban on instructing users on VPNs is unenforceable; web giants and AI chatbots will continue dispensing “how-to” guides on privacy tools.
3. Overblocking and Censorship Concerns
Platforms, fearing fines and regulatory scrutiny, apply draconian content-removal policies:
- Even benign or educational posts—emojis, beer-brewing FAQ forums, hobbyist hamsters forums—have been swept up and blocked, as small communities cannot afford rigorous moderation or legal compliance teams.
- Adult content creators report plunging engagement on non-explicit posts due to keyword over-filtering, effectively censoring free speech rather than protecting children.
- Civil-liberties groups warn the Act’s broad scope risks stifling legitimate discourse (political dissent, health forums, artistic expression), chilling digital debate under threat of blanket removal.
4. Disproportionate Burden on Small Platforms
Community forums and niche sites lack the resources to meet OSA’s tech, staff and legal demands:
- One hamster-care forum estimated age-gate costs at £200/month plus additional moderators and messaging restrictions—untenable for a volunteer-run hobby group, forcing shutdown rather than compliance.
- Smaller dating apps, local interest groups and micro-businesses weigh closure over spending tens of thousands on bespoke verification or algorithmic-filter solutions.
- By contrast, tech giants can absorb compliance costs, entrenching their market dominance and stifling competition.
5. Enforcement Challenges and Regulatory Overreach
Complex rules, phased rollouts and parliamentary delays create confusion rather than clarity:
- Illicit content Codes of Practice only came into effect in December 2024, child-safety Codes in April 2025, and full implementation drags on until 2026—too slow to react to viral harms in real time.
- Ofcom’s broad powers (fines, service-restriction orders, even criminal liability for executives) risk being used unevenly, deterring innovation or leading to capricious penalties rather than targeted child-safety wins.
- Calls to ban VPNs or impose surveillance “spy clauses” keep resurfacing, threatening encrypted messaging and personal communications under political pressure.
Why It Will Not Work
Kids and predators will game the system; privacy breaches will proliferate; legitimate speech will be stifled; small sites will vanish; regulatory capture will favor incumbents. The OSA, in trying to be everything to everyone, loses sight of targeted, evidence-based child protections and instead burdens the entire digital ecosystem with unmanageable compliance costs and privacy hazards.
Flaws vs. Real-World Consequences
| Flaw | Consequence |
| Mandatory personal data collection | Breaches expose ages, identities, sexual tastes |
| Easily bypassed age checks (VPNs, fakes) | Continues child access to harmful content |
| Overbroad filtering and “fear-based” moderation | Adults lose access to legal speech, forum closures |
| High compliance costs for small sites | Community platforms shut down, limiting diversity |
| Regulatory complexity and delay | Harms spike before full enforcement; fairness doubts |
A Better Way Forward
- Focus on empowering parents with robust device and network-level controls rather than universal age gates.
- Target resources on proven high-risk areas (e.g., non-consensual sexual images, suicide content) with rapid-response teams and specialist cybercrime units.
- Promote privacy-preserving age-checks (e.g., zero-knowledge proofs) and limit data retention.
- Encourage proportionate regulation that scales with platform risk and size, avoiding one-size-fits-all mandates.
Without course correction, the Online Safety Act risks becoming a cautionary tale in digital policy: ambitious in intent, but flawed in execution and destined for widespread circumvention, unintended harms and regulatory quagmire.
to protect young people—and our free speech? Let me know your thoughts!
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