Differentiating between harm to users and third parties in the UK’s Online Safety regulations

Since 2022, there has been a notable increase in individuals taking part in offline disturbances after being influenced by user-generated content on social media. While it has previously been shown that online content can harm individuals, the consideration of harm is typically confined to the singular viewing user. However, the increase in offline demonstrations has shown the potential for harm to third parties, a consequence often overlooked in regulatory initiatives. Introduced in October 2023, the UK’s Online Safety Act seeks to curb content that could cause harm to users by mandating actions platforms must take. The rise in adverse impacts of content that could harm third parties raises questions about the how suitable these regulations are when harm or risk of harm – the reduction of which is at the core of the regulations – reaches beyond a viewing user and sees offline consequences to third parties and property. Centring on the lack of consideration for third-party harms as an outcome of user-generated content existing online, this paper explores how and where these manifest, the deficits present in current regulations and offers pragmatic ways forward so a balance between viewing users and third parties can be achieved.