The Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025
These regulations, made under the Online Safety Act 2023, define threshold conditions for categorizing online services as Category 1, 2A, or 2B. Category 1 applies to user-to-user services exceeding certain user numbers and using content recommender systems or offering content sharing functionalities.
Category 2A applies to search engines exceeding user number thresholds except those focusing exclusively on specified topics.
Category 2B covers user-to-user services with high user numbers supporting direct messaging functionalities.
The regulations stipulate how to calculate average monthly active UK users to determine category fit and came into force the day after enactment.
Arguments For
Enhanced Online Safety: The regulations aim to improve online safety by establishing clear criteria for classifying high-impact online services.
Targeted Regulation: By focusing on services exceeding specific user numbers and employing particular functionalities, the regulations prioritize intervention on platforms most likely to spread harmful content.
Evidence-Based Approach: The regulations were developed with research from OFCOM, ensuring a data-driven approach to determining effective thresholds.
Parliamentary Approval: A draft of the regulations received parliamentary approval, strengthening their legitimacy and accountability.
Legal Clarity: The regulations provide clear definitions and criteria for service classification, reducing ambiguity for online service providers and regulators alike.
Arguments Against
Burden on Businesses: Meeting the regulations' requirements may impose significant compliance costs on online service providers, particularly smaller companies.
Potential for Overreach: The specified user number thresholds might inadvertently catch platforms not posing significant safety risks.
Definition Challenges: The definition of terms such as "content recommender system" could be interpreted differently and may necessitate further clarification.
Limited Scope: The regulations only address specific categories of services leaving other potentially harmful aspects of online activity unregulated.
Enforcement Challenges: Overseeing and enforcing the regulations across multiple platforms and jurisdictions could prove challenging for regulatory bodies.
Citation, commencement and extent1.
(1)
These Regulations may be cited as the Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025.
(2)
These Regulations come into force on the day after the day on which they are made.
(3)
These Regulations extend to England and Wales, Scotland and Northern Ireland.
Regulation 1 establishes the title, effective date, and geographical scope of the regulations.
The regulations are officially titled "Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025" and took effect the day after their creation.
Its application covers the whole of the United Kingdom.
Interpretation2.
In these Regulations “active United Kingdom user” means—
(a)
in relation to a regulated user-to-user service2, any United Kingdom user3 who has accessed the user-to-user part of that service;
(b)
in relation to the search engine4 of a regulated search service5 or the search engine of a combined service6, any United Kingdom user who has encountered7 search content8 in or via search results9 of that regulated search service or combined service.
Regulation 2 defines "active United Kingdom user." For user-to-user services, it's a UK user who accessed the user-to-user portion.
For search engines, it's a UK user who encountered search content through the search results of a regulated service.
Category 1 threshold conditions3.
(1)
The Category 1 threshold conditions10 are met by a regulated user-to-user service where, in respect of the user-to-user part of that service, it—
(a)
(i)
has an average number of monthly active United Kingdom users that exceeds 34 million, and
(ii)
uses a content recommender system, or
(b)
(i)
has an average number of monthly active United Kingdom users that exceeds 7 million,
(ii)
uses a content recommender system, and
(iii)
provides a functionality for users to forward or share regulated user-generated content11 on the service with other users of that service.
(2)
In paragraph (1), a “content recommender system” means a system, used by the provider of a regulated user-to-user service in respect of the user-to-user part of that service, that uses algorithms which by means of machine learning or other techniques determines, or otherwise affects, the way in which regulated user-generated content of a user, whether alone or with other content, may be encountered by other users of the service.
Regulation 3 outlines the criteria for designating a user-to-user service as Category 1.
A service qualifies if it has over 34 million average monthly active UK users and uses a content recommender system, or if it has over 7 million users, uses such a system, and allows users to share content.
The regulation also defines 'content recommender system' as a system using algorithms to influence what content users see.
Category 2A threshold conditions4.
The Category 2A threshold conditions12 are met by a search engine of a regulated search service or a combined service where it—
(a)
has an average number of monthly active United Kingdom users that exceeds 7 million, and
(b)
is not a search engine which—
(i)
only enables a user to search selected websites or databases in relation to a specific topic, theme or genre of search content, and
(ii)
is facilitated by means of an arrangement between the provider of a regulated search service or combined service with one or more entities, which relies on an application programming interface or other technical means to present search results to users.
Regulation 4 sets the conditions for classifying a search engine as Category 2A. A search engine qualifies if it has more than 7 million average monthly active UK users and isn't restricted to a specific topic, theme, or genre through arrangements with other entities using APIs or similar methods (often referred to as "vertical search engines").
Category 2B threshold conditions5.
The Category 2B threshold conditions13 are met by a regulated user-to-user service where, in respect of the user-to-user part of that service, it—
(a)
has an average number of monthly active United Kingdom users that exceeds 3 million, and
(b)
provides a functionality for users to send direct messages to other users of the same service which is designed so that messages cannot be encountered by any other users of that service unless further action is taken by the user who sent the message or a user who received the message.
Regulation 5 details the criteria for designating a user-to-user service as Category 2B. This designation requires the service to have over 3 million average monthly active UK users and to offer a direct messaging function where messages are only accessible to the sender and recipient unless further action is taken.
Determining the number of active United Kingdom users6.
(1)
A service’s average number of monthly active United Kingdom users for the purposes of regulations 3 to 5 is the mean number of active United Kingdom users per month for the relevant period.
(2)
The “relevant period” in relation to an assessment under section 95, 96 or 97 of the Online Safety Act 2023 is the six-month period ending with the month preceding the month in which that assessment begins.
(3)
Where the service has been in operation for less than six months, reference to “the six-month period” in paragraph (2) is to be read as “the period for which the service has been in operation”.
Regulation 6 explains how to calculate the average number of monthly active UK users used in determining category thresholds (Regulations 3-5).
The average is calculated as the mean number over a six-month period ending the month before the assessment.
For services operating less than six months, the calculation uses the operational period.
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