Under the Online Safety Act, websites that publish their own pornography must have highly effective age checks in place to stop children accessing this material. Search and user-to-user services – where people can see content shared by others, including social media, should have now assessed the risk of their UK users encountering illegal content and activity on their platforms, and must be taking appropriate steps to protect them from it.
Ofcom has opened more formal investigations under the Online Safety Act. This time, it is looking into an online discussion board and seven file-sharing services. It has not received responses to its statutory information requests from these services, which is a requirement under the Act.
It has also received complaints about the potential for illegal content and activity on the online discussion board, and possible sharing of child sexual abuse material on the file-sharing services.
Specifically, Ofcom is investigating whether the providers of these services have failed to:
- put appropriate safety measures in place to protect UK users from illegal content and activity;
- complete and keep a record of a suitable and sufficient illegal harms risk assessment; and
- respond to a statutory information request.
It is also investigating if a provider of porn has highly effective age assurance in place to protect children from pornography.
Ofcom says that it will now gather and analyse evidence to determine whether any contraventions have occurred. If its assessment indicates compliance failures, it will issue provisional notices of contravention to providers, who can then make representations on its findings, before it makes its final decisions. It says that it expects to make additional announcements on formal enforcement action over the coming months, particularly with further duties coming into force under the Act.
Ofcom will provide updates on these investigations as soon as possible. It has other investigations ongoing under the Act.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
