The introduction of new child protection laws in England and globally is set to significantly impact the public by enhancing safeguards for children and increasing responsibilities for professionals and institutions.

Key Impacts on the Public

1. Mandatory Reporting Duties

In England, the proposed Crime and Policing Bill introduces a statutory duty for individuals engaged in ‘relevant activities’ with children—such as educators, healthcare providers, and social workers—to report known or suspected child sexual abuse within seven days. Failure to report can lead to criminal and professional sanctions, emphasizing the collective responsibility to protect children .

2. Enhanced Online Safety Measures

The Online Safety Act 2023 mandates that online platforms implement effective age verification and risk assessments to prevent children’s exposure to harmful content, including pornography and material promoting self-harm. While these measures aim to create a safer digital environment, concerns have been raised about the adequacy of enforcement and the potential for loopholes that may still expose children to risks .

3. Support for Victims of Historical Abuse

The government plans to expunge convictions of individuals who, as minors, were victims of grooming gangs but were previously prosecuted for offences like soliciting. This move acknowledges past injustices and aims to alleviate the long-term stigma and barriers these individuals face .

4. Establishment of a Child Protection Authority

A new Child Protection Authority is being established to oversee and improve child safeguarding practices across institutions. This body will provide national leadership and learning on child protection, ensuring consistent and effective safeguarding measures .

5. Global Legislative Developments

Internationally, similar legislative efforts are underway:

• European Union: An age-verification app is set to launch, allowing users to verify their age without sharing personal information, enhancing online safety for minors.

• Australia: Proposed Children’s Online Privacy Code aims to grant individuals the right to erase their digital footprints upon turning 18, with significant penalties for non-compliance.

• United States: The Kids Online Safety Act requires internet platforms to implement measures protecting minors from harmful content.

• Hong Kong: The Mandatory Reporting of Child Abuse Ordinance mandates certain professionals to report suspected serious child abuse cases, providing legal protection for those making such reports.

These legislative changes represent a concerted effort to strengthen child protection both online and offline. While they introduce new responsibilities for professionals and institutions, they also aim to create a safer environment for children and provide support for victims of abuse. Public awareness and engagement will be crucial in ensuring the successful implementation and effectiveness of these laws.

Key Compliance Requirements for Businesses

• Highly Effective Age Assurance: Businesses must deploy age assurance methods that are technically accurate, robust, reliable, and fair. Acceptable techniques include photo ID matching, facial age estimation, credit card checks, and email-based age estimation. Simple self-declaration methods are deemed insufficient for high-risk services .

• Risk-Based Approach: The Information Commissioner’s Office (ICO) advises that age assurance measures should be proportionate to the risks associated with the service. High-risk services, such as those involving user-generated content or large-scale profiling, require more stringent age verification methods .

• Data Protection Compliance: Age verification processes must adhere to data protection principles, including lawfulness, fairness, transparency, data minimization, and purpose limitation. Businesses must ensure that personal data collected for age verification is not repurposed and is adequately protected .

• Enforcement and Penalties: Non-compliance with the Online Safety Act can result in substantial penalties, including fines of up to £18 million or 10% of global annual turnover, whichever is higher. Ofcom, the UK’s communications regulator, is responsible for enforcing these requirements and has the authority to take action against non-compliant services .

Next Steps for Businesses

• Conduct Risk Assessments: Evaluate the potential risks your service poses to children and determine the appropriate level of age assurance required.

• Implement Suitable Age Verification Methods: Choose age verification techniques that align with the risk level of your service and ensure they meet the standards of being highly effective.

• Ensure Data Protection Compliance: Review and update your data processing practices to ensure they comply with data protection laws, particularly concerning the handling of personal data collected during age verification.

• Stay Informed: Keep abreast of guidance and codes of practice issued by Ofcom and the ICO to ensure ongoing compliance with evolving regulatory expectations.

By proactively addressing these requirements, businesses can not only comply with legal obligations but also contribute to creating a safer online environment for children.

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