In brief. The Online Safety Act 2023 is the UK statute that sets duties of care for online platforms, including measures to combat illegal content and fraud. Although a UK instrument, it is increasingly relevant for cross-border online fraud cases involving Italian victims and UK-hosted platforms or perpetrators. The European equivalent is the Digital Services Act (Regulation EU 2022/2065), directly applicable in Italy.

At a glance

  • The Online Safety Act 2023 imposes duties on providers of user-to-user services and search services regarding illegal content.
  • Fraud and financial crime are explicit priorities: platforms must take action against fraudulent advertising and content.
  • Italian victims of fraud routed through UK platforms can rely on mutual legal assistance and on platform reporting channels.
  • The Digital Services Act (DSA) is the EU equivalent, directly applicable in Italy, with parallel duties on Very Large Online Platforms.
  • Italian criminal qualifications remain art. 640 (fraud) and art. 640-ter (computer fraud); for online fraud, the OSA and the DSA add regulatory levers rather than new fraud offences.
  • Ofcom is the UK regulator; in Italy, AGCOM and the Polizia Postale are the operational counterparts.

Definition: what is the Online Safety Act 2023

The Online Safety Act 2023 is a UK Act of Parliament that creates a regulatory regime for online platforms. It applies to user-to-user services (platforms that allow content sharing) and search services. Providers in scope must:

  • carry out illegal content risk assessments;
  • implement proportionate measures to prevent users from encountering illegal content;
  • enable reporting mechanisms for users and provide transparency reports;
  • comply with enhanced duties for the largest platforms (Category 1 services) and for those accessed by children.

The Act gives Ofcom investigation and enforcement powers, including fines of up to £18 million or 10% of qualifying worldwide revenue, whichever is greater, and, in extreme cases, business disruption measures. The duties are being brought into force in phases: the illegal content duties apply from March 2025, while the additional duties for categorised services, including those on fraudulent advertising, follow Ofcom’s later implementation phases.

Why fraud features prominently

The Act lists fraud among the priority offences. Specifically, it includes provisions on fraudulent advertising, requiring Category 1 services and certain search services to operate systems to prevent users from being shown paid-for fraudulent ads. This is a response to the prevalence of investment scams, romance scams and impersonation fraud routed through major platforms — exactly the typology that affects cross-border Italian victims.

For users in Italy, the potential practical effect is twofold:

  • platforms subject to these duties must have effective systems to act on reports of fraudulent content and accounts;
  • a structured regulatory environment can make data preservation requests ahead of mutual legal assistance easier to pursue.

Legal references — Italy and UK

  • Online Safety Act 2023 (UK).
  • Regulation EU 2022/2065 — Digital Services Act (DSA), directly applicable in Italy.
  • Article 640 of the Italian Criminal Code — fraud (truffa).
  • Article 640-ter of the Italian Criminal Code — computer fraud (frode informatica).
  • Article 615-ter of the Italian Criminal Code — unlawful access to information systems.
  • D.Lgs. 70/2003 — Italian implementation of the e-commerce directive.
  • Budapest Convention on Cybercrime (Council of Europe, 2001) — basis for mutual cooperation in cybercrime cases.
  • Mutual legal assistance Italy-UK — after Brexit, mainly the Council of Europe Convention on Mutual Assistance in Criminal Matters (1959) and its Protocols, supplemented by the mutual assistance provisions of the EU-UK Trade and Cooperation Agreement (2020), and the Budapest Convention.

How the OSA 2023 interacts with Italian criminal law

The Online Safety Act introduced some new communications offences in UK law, but it does not change how online fraud against Italian victims is prosecuted in Italy. The criminal qualification remains a matter of Italian law: art. 640 (truffa) and art. 640-ter (frode informatica) of the Criminal Code, supplemented by art. 494 (identity substitution) and art. 615-ter (unlawful access).

What the OSA does provide are regulatory levers that improve the operational landscape for cross-border investigations:

  • Takedown duties for fraudulent advertising and impersonation accounts on the largest platforms, as they come into force.
  • Better preservation of data ahead of judicial requests.
  • Greater transparency through Ofcom’s enforcement actions.
  • Coordination opportunities between Italian authorities (Polizia Postale) and UK platforms via established channels.

For the victim, the takeaway is operational: a parallel approach — Italian criminal complaint and platform reporting under OSA/DSA channels — gives the best chance of identifying the perpetrator and disrupting the fraud.

What does the DSA add in Italy

The Digital Services Act (DSA) is the EU equivalent of the OSA, directly applicable in Italy. It imposes obligations on online intermediaries to:

  • act diligently against illegal content, including fraudulent ads;
  • provide notice-and-action mechanisms;
  • ensure transparency in advertising and recommender systems;
  • comply with enhanced obligations for Very Large Online Platforms and Very Large Online Search Engines.

In Italy, AGCOM is the Digital Services Coordinator. For fraud cases, the operational front line remains the Polizia Postale, with AGCOM as a regulatory backstop.

Practical impact for victims of cross-border fraud

Three concrete consequences for an Italian victim of a fraud routed through a UK-regulated platform.

  1. Reporting through platform channels is worthwhile: use formal channels and document the report.
  2. Data preservation requests issued through Italian judicial authorities and routed via mutual legal assistance are processed in a more structured regulatory environment.
  3. Civil follow-on actions against the platform are possible where the platform fails to comply with its statutory duties — though high-threshold and best assessed case by case.

Case examples

(Illustrative examples: they do not refer to specific proceedings.)

Case 1 — Investment scam advertised on a major social platform. An Italian victim transfers substantial funds to a fake trading platform reached via a sponsored ad. Reporting the ad to the platform, in parallel with the Italian criminal complaint, can lead to its removal and to the preservation of advertiser data useful for the investigation.

Case 2 — Impersonation account leading to romance scam. A perpetrator operating from outside the UK and EU uses an impersonation account on a UK-based platform. Dual reporting — to the platform and through the Italian criminal complaint — can lead to suspension of the account and to the preservation of identifying data for a mutual legal assistance request.

FAQ

Does the Online Safety Act apply to Italian users? The Act applies to services accessed in the UK. Italian users interacting with a UK-regulated platform benefit indirectly from the duties the platform owes in the UK, particularly on illegal content and fraudulent advertising.

Can I sue a platform under the OSA from Italy? The OSA is enforced by Ofcom through regulatory action, not direct private rights. Civil claims against platforms for fraud-related harm typically rely on contract, tort and data protection law in the relevant jurisdiction.

What is the DSA equivalent for Italy? The Digital Services Act (Regulation EU 2022/2065) applies directly in Italy. AGCOM acts as the Digital Services Coordinator.

Where do I file a complaint as an Italian victim? The criminal complaint is filed with the Polizia Postale in Italy under articles 640 and 640-ter of the Italian Criminal Code. Platform reporting under OSA/DSA channels is an additional, parallel step.

Is the OSA effective against romance scams and investment scams? The OSA introduces duties on fraudulent advertising and illegal content. Effectiveness depends on the platform’s compliance, on the phased entry into force of the duties and on Ofcom’s enforcement.

When to contact the firm

If you are an Italian victim of a fraud routed through a UK or EU platform — or you are a non-Italian client facing an Italian criminal proceeding — contact the firm. We coordinate Italian criminal action with platform reporting and cross-border cooperation.

Request a confidential consultation — response within one hour. 24/7 emergency line available.