Online Safety Update: Regulatory Developments In The UK And The EU

• Published date: 17 October 2025
• Subject Matter: Corporate/Commercial Law, Technology, Compliance, Corporate and Company Law, New Technology
• Law Firm: Lewis Silkin
• Author: Laura Harper and Helen Hart

Over the past few weeks, the UK government has announced further steps to strengthen protections against harmful online content, while Ofcom has provided updates on its ongoing investigations and enforcement activities under the Online Safety Act. Meanwhile, the European Commission continues to advance its regulatory framework to protect children and ensure compliance with the Digital Services Act. This article describes the latest developments, highlighting key changes, enforcement actions, and the implications for online platforms and users.

Cyberflashing to become priority offence in the UK

At the end of September, the UK government announced that it will make cyberflashing a "priority offence" under Online Safety Act. This means stricter legal requirements on tech companies to actively prevent unsolicited nude images from being shared on their platforms, rather than reacting to it after the fact. The government suggests that companies could tackle these images by using automated systems that pre-emptively detect and hide the image, implementing moderation tools or stricter content policies.

Cyberflashing became a criminal offence in England and Wales in January 2024, under the Online Safety Act 2023. The law made it illegal to send unsolicited sexual images with intent to cause alarm, distress, or for sexual gratification. Prison sentences of up to two years are possible. Under the Online Safety Act, failing to proactively implement measures to protect users can lead to fines of up to 10% of the companies'...