Ofcom Announces First Edition of Online Safety Guidance

LONDON—Ofcom, the United Kingdom's communications regulator, published its first edition of regulations on online platforms on Monday to prevent illegal harm on the internet. The publication of this code of practice and guidance is part of Ofcom's statutory duty under the Online Safety Act implemented in 2023. "People in the U.K. will be better protected from illegal harms online, as tech firms are now legally required to start taking action to tackle criminal activity on their platforms and make them safer by design," reads a press statement published by Ofcom on Dec. 16. Melanie Dawes, the Ofcom chief executive, added, "We’ll be watching the industry closely to ensure firms match up to the strict safety standards set for them under our first codes and guidance, with further requirements to follow swiftly in the first half of next year." According to the regulator, it interpreted the Online Safety Act per requirements that place new safety duties and requirements on the companies of popular online platforms, including all adult entertainment platforms. This code of practice and guidance was published months ahead of schedule to ensure compliance by companies covered by the sweeping online safety law. Measures to prevent illegal content like child sexual abuse material (CSAM) and other non-consensual intimate imagery are included in the code. Adult platforms, like Pornhub, are to be regulated by Ofcom under the duty of part 3 online services. Ofcom previously clarified that part 3 services, such as Aylo's Pornhub, "must carry out assessments to confirm whether under-18s are able to access content on their platforms according to our children’s access assessments guidance." In late November, Ofcom also signaled that services under part 3 should expect "to start taking steps to comply with their duties to protect people from illegal content from December 2024.  Tim Henning, executive director of the Association of Sites Advocating Child Protection (ASACP), which is backed by the adult entertainment industry, issued a press release on Dec. 3 urging adult platforms to comply with Ofcom's codes of practice and guidance.  “I have met with Ofcom on behalf of ASACP and its supporting industry stakeholders to help craft a reasonable approach to online child protection,” Henning said. “While no governmental regulations are perfect, the U.K.’s approach is thoughtful and helps to protect the rights of consumers and creators alike.” He added, "Ofcom should be applauded for considering the industry’s needs and nuances during this process."