Ofcom has published an open letter to online service providers operating in the UK on how the Online Safety Act 2023 (OSA 2023) will apply to Generative AI and chatbots. The letter confirms that sites or apps which use a Generative AI chatbot that enables users to share text, images or videos generated by the chatbot with other users, as well as sites or apps which allows users to upload or create their own Generative AI chatbots which are also made available to other users are ‘user-to-user services’, and as such fall within the scope of the OSA 2023. It clarifies that any AI-generated text, audio, images or videos that are shared by users on a user-to-user service is considered ‘user-generated content’ and would be regulated in exactly the same way as human-generated content. In addition, Generative AI tools that enable the search of more than one website or database come within the scope of the OSA 2023 as these are ‘search services’, while sites and apps that include Generative AI tools that can generate pornographic material are also regulated under the OSA 2023. In the letter, Ofcom also reminds online service providers of their responsibilities, including the requirements to undertake risk assessments of the likelihood of users encountering harmful content, implement proportionate measures to mitigate and manage those risks, and enable users to easily report illegal posts and material that is harmful to children.