The Online Safety Act and Defamation: What's Changed in 2026?

The Online Safety Act 2023 has been progressively implemented since its passage, and by 2026, its major provisions are fully in force. This landmark legislation has significantly reshaped the landscape for online defamation claims, creating new duties for platforms, new rights for victims, and new enforcement mechanisms through Ofcom.

Overview: What the Online Safety Act Does

The Online Safety Act creates a regulatory framework requiring online platforms to protect users from harmful content, including defamatory material. Key features relevant to defamation include:

• Duty of care — platforms must take proactive steps to prevent the publication of illegal content, which includes content that constitutes criminal defamation
• Complaints mechanisms — platforms must provide accessible and effective complaint procedures for users who believe they are the subject of harmful content
• Content removal obligations — platforms must act swiftly to remove content that violates their terms of service once notified
• Transparency reporting — platforms must publish regular transparency reports on their content moderation practices

Impact on Defamation Claims

The Act has both direct and indirect effects on defamation claims:

• Faster takedowns — platforms now have statutory obligations to respond to complaints, making content removal more reliable than the pre-Act position where platforms had wide discretion
• Improved complaints processes — the standardised complaints framework means victims have a clear, documented pathway for reporting defamatory content
• Platform accountability — Ofcom can fine platforms up to 10% of global revenue for failing to comply with their duties, creating strong incentives for effective content moderation
• Preservation of evidence — the Act's requirements around content moderation create audit trails that can be useful evidence in defamation proceedings

The Section 5 Defence Post-Online Safety Act

Section 5 of the Defamation Act 2013 provides website operators with a defence if they did not post the defamatory content. However, this defence is lost if the claimant cannot identify the original poster and the platform fails to respond to a formal complaint.

The Online Safety Act strengthens this dynamic: platforms that fail to maintain effective complaints mechanisms may find it harder to rely on the section 5 defence, as their failure to identify the poster becomes a consequence of their own regulatory non-compliance.

Ofcom's Role and Enforcement

Ofcom, as the online safety regulator, has the power to:

• Issue codes of practice setting out how platforms should fulfil their duties
• Investigate complaints about platform compliance
• Require information from platforms about their moderation practices
• Impose fines of up to 10% of qualifying worldwide revenue for non-compliance
• Seek court orders to restrict access to non-compliant services

While Ofcom does not adjudicate individual defamation claims, its regulatory oversight creates a more responsive environment for victims seeking content removal.

What This Means for Defamation Victims in 2026

Practically, the Online Safety Act means:

• Platforms are faster and more responsive to takedown requests than before the Act
• Formal complaint procedures provide documented evidence trails useful in litigation
• The regulatory threat of Ofcom fines incentivises platforms to cooperate with legal processes
• However, the Act does not create a private right of action — defamation claims still proceed under the Defamation Act 2013
• The distinction between illegal content and merely harmful content remains important — not all defamatory content meets the criminal threshold

Key Takeaways

• The Online Safety Act is now fully in force, creating enforceable duties on platforms
• Platforms must maintain effective complaints mechanisms and respond to takedown requests
• Ofcom can fine non-compliant platforms up to 10% of global revenue
• The Act complements but does not replace the Defamation Act 2013
• Defamation victims benefit from faster takedowns and better platform accountability