Lewis Silkin – Digital, Commerce, and Creative 101: Online Safety Law Navigation for the Video Game Industry

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The UK's Online Safety Act 2023 (OSA), enacted in late 2023, will require all game studios to operate multiplayer or Social games, friend function, online chat forums, or other forms of user-to-user services. Its purpose is to protect all online users, including video game players, from exposure to illegal and harmful user-generated online content.

The OSA reflects the UK Government's commitment to making the internet a safer place for all users, and similar commitments come from Europe and are articulated in the EU's Digital Services Act. OSA compliance will likely be a topic of discussion, at least for the foreseeable future, as many video game companies now offer products and platforms that support the creation and distribution of user-generated content (UGC). But how does OSA actually impact the gaming industry?

Compliance burden

The OSA imposes a number of compliance requirements that are regulated, investigated and enforced by the online safety regulator Ofcom.

• Risk assessment: Eligible game studios must conduct regular OSA risk assessments to identify potential unlawful harms associated with their games. For example, whether a chat room could support the spread of hateful content or whether there is illegal content within the game. Their actions may promote illegal harm in the real world.
• Child risk assessment: If children are likely to be viewers of the game, an additional, more rigorous risk assessment will be required. Specific guidance from Ofcom on best practice is expected to be provided this spring.
• Content moderation: All covered platforms must actively monitor and remove illegal content. This may include human, manual, or automated content management tools.
• In-game reporting system and complaint procedure: Players should be able to easily report illegal and harmful content in games with a simple complaints procedure.
• Updated Terms of Use: Your game's EULA and terms of service should specify how you protect users from illegal content and describe any associated complaint handling policies and violations of your new contractual rights. Where relevant, your terms of service should also make clear how you protect children from encountering illegal or harmful content. This also includes the active technology used to do so.
• Reporting and record keeping: Operators of online games must keep records of their risk assessments and outcomes and report the outcomes to Ofcom.

The power of Ofcom

Ofcom has the power to impose fines of up to £18m or 10% of global annual revenue on offending companies, as well as carry out investigations, take business interruption measures and bring criminal proceedings against senior managers and directors. It also has

Vulnerabilities and key compliance challenges

Although single-player offline games are not captured by OSA, most game studios are now developing games that feature online or user-to-user elements, ranging from web-driven live text, voice chat, and live streaming capabilities. and published. It is set in a virtual reality and metaverse environment.

Recent research has shown that online gaming users are becoming increasingly younger, and the OSA's focus on child safety in online environments means that younger users are more likely to play. This could pose a significant challenge for online game providers with highly sensitive services. . Effective content moderation systems, child-friendly complaints procedures, and strict age verification tools are all features gaming companies should consider.

Indeed, Ofcom recently published draft child safety regulations that set out practical steps to be taken by all platforms within the scope of the OSA to ensure that children do not encounter harmful content. . The draft Children's Code includes requirements for stronger age verification processes and content filters. The Code will be available for consultation until 17 July 2024.

What can you do now?

The OSA provisions will be implemented in stages and will come into force from the end of 2024. Although full compliance with the OSA will not be required until late 2025, online gaming companies should be aware of upcoming phased compliance deadlines and keep an eye on Ofcom's future guidance on child protection.

In the meantime, online gaming companies subject to OSA can take steps to improve compliance now by updating their terms of service and EULAs and considering ways to mitigate online safety vulnerabilities inherent in their games. You can prepare.

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