Yes, misapprehension.
According to the Ofcom regulation checker [1] (linked to by The Register article), the Online Safety Act does not apply to this content.
Here's the most pertinent section (emphasis mine):
> Your online service will be exempt if... Users can only interact with content generated by your business/the provider of the online service. Such interactions include: comments, likes/dislikes, ratings/reviews of your content including using emojis or symbols. For example, this exemption would cover online services where the only content users can upload or share is comments on media articles you have published...
[1]: https://ofcomlive.my.salesforce-sites.com/formentry/Regulati...
Perhaps the author is being outwardly cautious but knowingly borderline-obtuse as a form of protest against a dumb law.
> Your online service will be exempt if... Users can only interact with content generated by your business
As soon as your blog allows comments which other people can read, then you're allowing people to interact with content not generated by your business.
is this legal advice you are offering, as someone practicing law in the uk? because you are all over this thread stating your opinion very confidently.
(conveniently, there is no risk to yourself if you happen to be wrong or misinformed.)
No, I'm not offering legal advice, and neither am I stating an opinion. I'm simply quoting Ofcom, the regulatory body responsible for overseeing this law.
>I'm simply quoting Ofcom
no, you are doing more than that.
you are saying that everyone who has a different interpretation of the parts you are quoting is misinformed.
that is an opinion, which you are stating as fact, as someone unaffected by the outcome.
A valid point, and maybe I should have phrased it differently. I've deleted the comment which used the word "misinformed", so as not to cause any confusion.
My point is simply that the Ofcom quote clearly states that user comments on an article are not subject to the Online Safety Act. I assume this is a fact, as it's from the horse's mouth.
Some people appear to be basing their opinions on the assumption that the OSA does apply to such comments (hence my use of the offending word).
>Please note: The outcome of this checker is indicative only and does not constitute legal advice. It is for you to assess your services and/or seek independent specialist advice to determine whether your service (or the relevant parts of it) are subject to the regulations and understand how to comply with the relevant duties under the Act.
I mean even the site itself says it really shouldn't be used for legal advice...
On top of that, none of this matters until said law is settled under a case. Most often it's the first judge and the set of appeals after that point that define how the law is actually implemented. Everything before that is bluster and potential risk.