17
Accepted
Online safety compliance will take time, as shown by video-sharing platform regulation experience.
Conclusion
Ofcom told us that it had undertaken a similar approach in its regulation of video- sharing platforms from November 2020. It had worked with pornography providers, some of whom had, as a result, introduced age estimation techniques. However, there had been a cluster of smaller companies that had not been so compliant, and Ofcom had therefore started a compliance programme on these at the beginning of 2023. As a result, these too were now moving to put in place the kinds of age verification Ofcom was asking for. Ofcom noted that, even when its powers are enforceable, it does take time to achieve change as some companies will move faster than others.36
Government Response Summary
The government agrees with the committee's implicit recommendation, detailing Ofcom's ongoing development of data-driven tools to identify risks and non-compliance, and its plan to publish final enforcement guidance in late 2024, to ensure effective regulation.
Government Response
Accepted
Government Response
Accepted
HM Government
Accepted
3.1 The government agrees with the Committee’s recommendation. Target implementation date: Spring 2025 3.2 Given the scale and scope of the regime, Ofcom is designing data-driven tools to identify potential risks, including non-compliance. 3.3 A foundational task is identifying the services likely to fall in scope. Ofcom has developed a classification tool, which is already providing insights into the profile of regulated services and will continue to refine it drawing from the experience of applying the Act. 3.4 Additionally, Ofcom is developing several interconnected tools which could help to flag where services may not be compliant. For example: • Building a live database of services’ characteristics including risk factors. • Automating the analysis of Terms of Service to check whether they include the provisions required by the Act. • Automating the analysis of news and users’ complaints about services to enable timely engagement in case of emerging threats. • Exploring tools to automatically verify whether users can access pornography without an age check. 3.5 This will inform the possible need for enforcement in several ways, including by flagging increasing risk of harm, which may be due to ineffective safety processes, or potential compliance concerns. 3.6 Ofcom expects services to engage constructively and openly, and to be willing to make improvements. Ofcom will use its enforcement powers where it considers appropriate, reasonable, and proportionate to do so, guided by its regulatory principles. Ofcom’s approach to investigating compliance concerns and enforcing the Act’s requirements is set out in its draft enforcement guidance, on which it has consulted. Ofcom intends to publish the final guidance in late 2024.
Source
Committee
Public Accounts Committee
Report
Thirteenth Report - Preparedness for online safety regulation
21 Feb 2024
HC 73
Addressee Bodies
HM Treasury
Timeline
Recommendation age
2.4 yrs
Report published
21 Feb 2024