The UK Online Safety Act (OSA) came into force last Friday after years in the works – but some games companies have struggled to comply with the act’s strict terms.
“There’s a lot of uncertainty around the OSA ruling out there, in the games industry and beyond,” says Andrew Wailes, CEO and founder of the digital identity platform PlaySafe ID. (Wailes recently put together a guide for GamesIndustry.biz on how game makers can comply with the OSA.)
“We’ve seen a number of small and mid-sized companies – particularly those behind forums and other community platforms – choose to entirely block UK access. Many are struggling with the complexity of OSA compliance, and have misestimated the effort needed – leading them to pull the plug on the UK while they unpack thousands of pages of guidance.”
Wailes points to Janitor AI as an example. This platform for creating customisable chatbots for websites and apps has now blocked access to UK users following the implementation of the OSA. A blog post from ‘Shep’ at the firm said: “We have been trying to wrap our heads around the UK’s online safety act. And honestly? I completely botched understanding what this thing actually requires.”
“When it first passed, I thought ‘Okay, some new content moderation rules, we can handle that.’ Turns out I was dead wrong. This is not just content moderation – it is a complete regulatory framework that assumes every platform is a tech giant.”
The post points to the expense of fulfilling the legal requirements, including implementing an age verification system, and the hefty penalties for non-compliance, including fines of up to £18 million, not to mention the sheer size and extent of the legal documentation.
“By the time we realized compliance was actually impossible for a team our size, we were already down to days before the deadline,” said the post.
Wailes says that other companies have chosen to do nothing for now, instead adopting a ‘wait and see’ approach. “They’ve observed other similar organisations being passive on compliance in recent weeks, so have decided to watch the space before acting.”
Notably, Wikipedia has issued a legal challenge to the categorisation regulations of the act. ‘Category 1’ services that have more than 7 million monthly active UK users on average are subject to the strictest controls, and Wikipedia has threatened to put a quota on the number of UK users who can access the site.
Wailes says most major games companies, such as AAA publishers, have the “resources and in-house experience to prepare”, and have rolled out measures to comply with the OSA. But he adds that “smaller studios and other companies are seemingly in a bit of a scramble to become compliant as soon as possible, realising they are now vulnerable to the regulator and sizable fines.”
“Unfortunately, rushing such a complicated process could cause more problems,” he warns.
“Clearly, there has been a struggle at smaller companies with how the requirements and obligations of compliance have been communicated, undermining the OSA’s very valid intentions of protecting young people. In the game industry, where so much of the economy and industry is made up of small and mid-sized teams, that is concerning.”
“Rushing such a complicated process could cause more problems”
Andrew Wailes, PlaySafe ID
A recent survey by PlaySafe ID found that 42% of parents do not think video game companies are doing enough to keep children safe, while 60% of parents with a child aged under 18 are scared about the prospect of their child being contacted by adults who intend to do them harm in video games.
Wailes encourages firms who have not yet completed the OSA compliance process to do so as soon as possible.
“There’s no shame in asking for help unpacking the regulation,” he says. “You can look to other game companies around you to see what they are doing – or ask directly.”
“Games is a supportive space in general, and you may find fellow studios will be willing to share insights and advice. While we at PlaySafe ID aren’t in any position to make any promises about the government response, or speak for them, effort and proactivity on your behalf now may see you through.”
