Pornography, the Online Safety Act 2023 and the need for further reform

McGlynn, Clare; Woods, Lorna; Antoniou, Alexandros

Abstract

The UK’s Online Safety Act 2023 regulates pornography in a range of new ways which could radically alter both how pornography is accessed and the nature of the content available. However, while the Act ostensibly represents a new form of regulation focusing on the systems and processes of online platforms, in practice it is content-based. Our analysis reveals that the Act generates eight new classifications of pornography, each associated with a distinct legal framework, thereby creating a confusing and unnecessarily complex regulatory regime. Accordingly, we recommend further reforms to fortify and clarify the regulatory regime, as well as a more comprehensive review of pornography regulation in general, with the overall aim of reducing the harms of pornography.

Citation

McGlynn, C., Woods, L., & Antoniou, A. (online). Pornography, the Online Safety Act 2023 and the need for further reform. Journal of Media Law, 1-29. https://doi.org/10.1080/17577632.2024.2357421

• Journal Article Type: Article
• Acceptance Date: May 8, 2024
• Online Publication Date: Jun 5, 2024
• Deposit Date: Aug 16, 2024
• Publicly Available Date: Aug 16, 2024
• Journal: Journal of Media Law
• Print ISSN: 1757-7632
• Electronic ISSN: 1757-7640
• Publisher: Taylor and Francis Group
• Peer Reviewed: Peer Reviewed
• Pages: 1-29
• DOI: https://doi.org/10.1080/17577632.2024.2357421
• Public URL: https://durham-repository.worktribe.com/output/2756944