Industry reax: Ofcom warns social media firms of bans without safety compliance

In a significant move to enhance online safety for children, Ofcom has issued a stern warning to social media platforms, emphasising that they could face bans for users under 18 if they fail to adhere to newly established online safety regulations.

This directive comes on the heels of Ofcom's investigation into OnlyFans for allegedly not implementing adequate age verification measures, a critical aspect of the Online Safety Act designed to protect minors.

Hanna Basha, a Partner at Payne Hicks Beach, remarked on the situation, noting, "In the same week that Ofcom announced its investigation into OnlyFans for failure to implement age verification measures, it also announced further measures to protect children under the Online Safety Act. These measures are a welcome development, but it is difficult to see how Ofcom will be taken seriously by social media platforms without demonstrating its commitment to levying serious penalties on offending platforms. If OnlyFans has failed to meet its obligations, Ofcom will need to send a strong signal that this failure will not be tolerated otherwise its statement of intention to protect children will not be credible."

The Online Safety Act, lauded as a breakthrough in child protection online, equips Ofcom with unprecedented powers to regulate the digital landscape. Commenting on the practicality and potential impact of these newly proposed measures, Tamsin Allen, a Media Partner at Bindmans, shared, "The Online Safety Act was heralded as a new way to protect children online. Ofcom's proposals are an encouraging first step, but the proof of their commitment will be in their willingness to impose sanctions on big tech for compliance failures. The Act gives them new powers to fine companies up to 10% of global turnover, huge sums which could finally penetrate big tech's armour."

This regulatory push underscores the growing concern over online harms that children face daily. Research indicates that within minutes of logging on, young users frequently encounter age-restricted or illegal content, which underscores the pressing need for stringent regulatory measures. Andy Lulham, COO of VerifyMy, highlighted the urgency for proactive industry measures, stating, "Ofcom's comments reflect the growing risks children face when going online. Many young people encounter unsafe, age-restricted (18+) or illegal content within 10 minutes of accessing the internet. This is why it's so important that the industry leads in the proactive enforcement of robust technology that stops kids from viewing age-restricted materials and removes illegal content in real-time. The time to act is now and collaboration is key. Safety tech providers are here to help platforms effectively implement these technologies to ensure compliance and help safeguard children and society online."

The new regulations proposed by Ofcom have been broadly welcomed, yet the effective enforcement and the readiness of tech companies to comply remain pivotal factors. Crucial questions linger about the extent to which social media giants will adhere to these guidelines and the robustness of the penalties that Ofcom will ultimately enforce. The threat of fines up to 10% of global turnover is significant, potentially amounting to billions of pounds for some of the largest platforms. Yet, the real test will lie in the implementation and execution of these regulations, ensuring comprehensive protection for young users navigating the online world.

As the digital landscape continues to evolve, the call for a safer internet for children remains paramount. The actions taken by regulatory bodies, tech companies, and safety tech providers will determine the efficacy of these new measures and their impact on safeguarding the digital experiences of young netizens. The industry now awaits further developments from Ofcom, which will signal the direction and intensity of its regulatory stance in the coming months.