Last Thursday (October 26), the Online Safety Act was introduced, with enforcement  set to come after further consultation. Designed to make ‘the UK the safest place in the world to be online’, here’s how the new legislation will shape online content in the beauty industry 

After originally being proposed in the Government’s Online Harms White Paper in 2019, the Online Safety Bill was enshrined into law last week following a series of delays and controversy. Including over 200 clauses, covering deepfakes to online bullying, the Online Safety Act will tackle content that is ‘legal but harmful’. 

The law puts a larger onus on tech companies to regulate their content, with enforcement set to be carried out by Ofcom – the regulatory organisation currently vetting TV and radio. If companies and platforms do not comply with the Act and do not consistently regulate or monitor content, they will face severe fines. 

Like lots of legislation, you might not realise the importance of this law for our industry. So, what does the Online Safety Act mean for beauty? 

According to the Value of Beauty 2023, one of the biggest structural changes facing the sector is the digitisation of its content and commerce – particularly when it comes to social media. It highlights that 74% of beauty marketing specialists spent over 10% of their marketing budget on influencer marketing and 20% spent over 30% of their budget in 2018, with the majority of people expecting to see spending increase by 20% in the coming year. 

Whether it’s ensuring the comment sections of top-performing TikToks are protected to making sure that consumers are aware certain beauty content is created using generative AI, enforcement of the new Act will definitely affect beauty content. 

The introduction of this regulation comes after extensive work carried out by the British Beauty Council and its stakeholders to ensure beauty content is safe. Markedly, the Council has supported calls for the public to have greater visibility on doctored imagery and for restrictions on what can be advertised in respect on non-surgical cosmetic procedures – especially when it comes to advertising or social content that could be seen by young or vulnerable people. This resulted in the ASA (Advertising Standards Authority) introducing increased restrictions regarding advertising aesthetic procedures and claims in May 2023.

What’s more, the Council worked with the Mental Health Foundation to create handy guides for young people and their parents outlining the role of digital media in tackling body image concerns. And, it continues to work with No7 Beauty Company on its Creator Collective Programme, which is designed to ensure leading beauty content creators are publishing educated and informed content. 

The Online Safety Act is largely focused on ensuring young people are protected against content that is not specifically illegal but could pose a risk to their mental health and wellbeing. The necessity of this is undeniable, with research carried out by Dove uncovering that 9 in 10 youth mental health specialists say exposure to harmful beauty content on social media can lead to physical consequences, like disordered eating or self-harm. 

Victoria Brownlie, Chief Policy Officer of the British Beauty Council said: ‘The Online Safety Act has been a long time in the making due to its wide-ranging brief and lively debate on where legislative intervention is necessary as opposed to voluntary mechanisms of good practice. The Council has been supportive of the legislation as it has progressed and welcomes its enactment. We know all too well that the explosion of beauty content online has left the public susceptible to misinformation with potentially dangerous health consequences. With increased protection for children through age-checks, age-appropriate content and parental controls, we hope to witness a safer online environment for young people when it comes to beauty.’

You can read more about the Online Safety Act here.