January 2026
Content, Media and Technology
Ofcom publishes guidance on AI chatbots under the Online Safety Act
On 18 December 2025, Ofcom published guidance explaining how AI chatbots and AI-generated content are regulated under the UK Online Safety Act.
Ofcom states that the Act applies to user-to-user services, search services, and services publishing online pornographic content, including via chatbots, which must use highly effective age assurance to prevent children accessing that content.
Ofcom states that chatbots are in scope where they meet, or form part of, the Act’s service definitions, and that AI-generated content shared on user-to-user services is regulated as user-generated content. Ofcom will be asked to set out expectations for chatbots within their remit. The Government plans a public information campaign in 2026.
Ofcom states it can enforce the Act, including fines, and that some standalone chatbots are out of scope if they do not enable user interaction with others, do not search multiple sites or databases, and cannot generate pornographic content.
For more background on the Online Safety Act and Ofcom's position from Giulia Carloni, read here.
ASA publishes ruling on Nike Retail BV Google ad "sustainable materials" claim
On 3 December 2025, the ASA published an upheld ruling on a paid-for Google ad for Nike tennis polo shirts that included the claim “sustainable materials”.
The ASA assessed the claim under the CAP Code (Edition 12) and had regard to the CMA guidance on environmental claims in fashion retail, which states that broad terms such as “sustainable” are likely to mislead because consumers may read them as indicating a product has a positive, or at least no adverse, environmental impact.
The ASA found the ad did not explain the basis of “sustainable materials” and that the ad was not so space-limited that adequate qualification could not be included.
Although Nike stated the relevant products contained at least 75% recycled materials and relied on Higg MSI cradle-to-gate data showing reduced CO2e for recycled polyester, the ASA found this did not substantiate an absolute lifecycle claim.
The ASA found breaches of CAP Code rules 3.1, 3.7, and 11.1 to 11.4, and required the ad not to appear again in the form investigated.
Find out more about the latest ASA rulings and advertising compliance requirements in our Q3 2025 ASA rulings roundup here.
Department for Science, Innovation and Technology (DSIT) publishes progress statement on copyright and AI under the Data (Use and Access) Act (DUA) 2025
On 16 December 2025, as required under the DUA 2025, the government published a progress statement on the economic impact assessment of its four proposed options for regulating the use of copyright works in AI, and its report on copyright and AI.
The DSIT, working with the UKIPO and the Department for Culture, Media and Sport, published it under Section 137 of the DUA 2025 on preparing an economic impact assessment and a report on copyright works used to develop AI systems.
Over 11,500 responses to its consultation were received and were reviewed manually by an IPO taskforce, and 88 % of online respondents supported requiring licences in all cases, while tech-sector respondents tended to favour a text and data mining exception with rights reservation.
A full report and economic impact assessment will be laid before Parliament by 18 March 2026.
For more background on the role of DUA in implementing the government's copyright and AI consultation, see Debbie Heywood's article here.
