The evolution of UK online governance: an examination of the compatibility of the risk assessment model with the ECHR

The rise of the internet as the dominant information platform has brought numerous legal challenges, prompting governments worldwide to reconsider the immunity granted to online services as content intermediaries. The UK introduced the Online Safety Act 2023 (OSA) to establish a safer digital environment. The Act imposes new ‘duty of care’ on regulated user-to-user and search services, requiring them to assess systemic risks, specifically regarding illegal content and material harmful to children. This paper evaluates whether the OSA has created a comprehensive online governance framework and whether its illegal content risk assessment provides a structured approach to intermediary liability. Drawing on European Court of Human Rights jurisprudence, Delfi AS, MTE & Index, and Sanchez, it examines whether these obligations comply with freedom of expression standards. The OSA strengthens a previously fragmented landscape, and the assessment obligation appears to be a reasonable approach to strengthening intermediary liability. However, this paper identifies several areas requiring improvement, particularly the inconsistent application of proportionality regarding risk-level categorisation and mitigation measures. Furthermore, the absence of effective user remedies may potentially infringe upon free speech online.