Policy background The Online Harms White Paper
The Online Harms White Paper  , published in April 2019, set out the Government’s intention to introduce a new regulatory framework to improve protections for users online. It was proposed that this objective would be achieved via a new duty of care on companies, and an independent regulator responsible for overseeing the online safety framework. The White Paper proposed that the regulatory framework should follow a proportionate and risk-based approach, and that the duty of care should be designed to ensure that all in-scope companies had appropriate systems and processes in place to address harmful content and improve the safety of their users.
	A public consultation on the White Paper proposals ran from 8 April 2019 to 1 July 2019. It received over 2,400 responses ranging from companies in the technology industry (including large tech giants and small and medium sized enterprises), academics, think tanks, children’s charities, rights groups, publishers, governmental organisations, and individuals.
	In February 2020, the Government published an initial response to the consultation  , providing an in-depth breakdown of the responses to each of the 18 consultation questions asked in relation to the White Paper proposals. The response also set out the Government's direction of travel in a number of key areas, including:
How the new regulatory framework would ensure protections for users’ rights by including safeguards in the legislation;
The differentiated approach to illegal and legal but harmful material;
How the new requirements would be proportionate and risk-based, including clarifying who would not be captured by the proposed scope;
A commitment to delivering a higher level of protection for children; and
That the Government was minded to appoint OFCOM as the new regulator.
	In December 2020, the full Government response to the consultation  was published, outlining the final policy position for the online safety regulatory framework, and the Government's intention to enshrine it in law through the Online Safety Act. The response was split into seven parts:
Part 1 stated that the regulatory framework would apply to companies whose services host user-generated content or facilitate interaction between users, one or more of whom is based in the United Kingdom, as well as to search engines.
Part 2 outlined that the legislation would set out a general definition of the harmful content and activity covered by the duty of care. It also set out how all companies in scope would be required to understand the risk of harm to individuals on their services, and to put in place appropriate systems and processes to improve user safety and monitor their effectiveness.
Part 3 confirmed that OFCOM would be appointed as the regulator, and outlined their regulatory functions and funding.
Part 4 explained the proposed functions of the regulator, including their duty to set out codes of practice, enforcement powers, and user redress mechanisms.
Part 5 outlined the role of technology, education, and awareness in tackling online harms.
Part 6 explained how the new regulatory framework would fit into the wider digital landscape, including as part of the Government’s Digital Strategy.
Part 7 provided the next steps for the regime, including the expected timings for the Online Safety Act.