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U.K. Online Safety Act To Review File-Sharing Platforms' Safety Measures

Under the auspices of the U.K.'s Online Safety Act, Ofcom initiates a fresh regulatory enforcement program, effective from Monday.

The U.K.'s Crackdown on Online Safety Begins

U.K. Online Safety Act To Review File-Sharing Platforms' Safety Measures

As the U.K.'s Online Safety Act takes effect today, watchdog Ofcom embarks on a new enforcement drive to keep internet platforms clean from illegal content and criminal activity. Many argue the act is either too strict or not stringent enough.

With over 290,000 instances of child sexual abuse content removed by the Internet Watch Foundation last year, tackling this issue is a major focus of the act. It requires businesses at risk of hosting such content to take proactive measures, using tools such as automated hash-matching and "robust" means for moderation and reporting.

"For far too long, illegal content such as child abuse material, terrorist content, and intimate image abuse has been easily accessible online. But from today, social media platforms and others must take legal responsibility for preventing and removing that content," said Technology Secretary, Peter Kyle. "In recent times, tech companies have treated safety as an afterthought. That ends today."

On the other hand, Ofcom intends to assess platforms' compliance with their new obligations over the coming months, taking enforcement action where needed. They can impose fines of up to 10% of annual turnover or £18 million, whichever is greater, and in extreme cases, may even block a site in the U.K.

Ofcom has identified file-sharing and file-storage services as areas of concern and, starting today, will scrutinize their safety measures. They will issue formal information requests regarding the measures they have in place or are planning, as well as ask for their illegal harms risk assessments.

"Platforms need to act swiftly to comply with their legal duties, and our codes are designed to guide them through this process. However, failures to implement necessary safeguards will invite the full force of our enforcement," warned Suzanne Cater, Ofcom's Enforcement Director.

The act has stirred controversy since its inception and continues to do so. The Molly Rose Foundation, a suicide prevention group, has described it as "piecemeal."

"Today marks a step forward, but the Secretary of State appears oblivious to the urgency of the problem. Without a more decisive response, preventable harm will persist during this government's tenure," stated Andy Burrows, Molly Rose Foundation's CEO.

In contrast, the Open Rights Group voices concerns over the potential consequences for small businesses.

"Under the U.K. Online Safety Act, small blogs, forums, and federated instances are subject to disproportionate requirements to determine if they have U.K. users, conduct child risk assessments, or prevent CSAM and terrorist material from being posted in comments," the group said.

Kyle hinted at potential modifications to the act if required. "This is merely the commencement. I've made it crystal clear that should new hazards arise, we will respond decisively. The Online Safety Act is not our final word; it's our foundation."

Note:

  1. Online services need to assess the risk of users encountering illegal content by March 16, 2025, and implement measures to prevent this by the same date.
  2. Services likely to be accessed by children must conduct a Children’s Access Assessment by April 16, 2025, and implement protective measures by July 2025.
  3. Services must have effective content moderation processes, reports mechanisms, and updated terms of service by March 16, 2025. For services likely to be accessed by children, they must implement age assurance and measures to protect children from harmful content by July 2025.
  4. Ofcom may impose fines of up to £18 million or 10% of a provider's global revenue (whichever is greater) and initiate formal investigations for potential non-compliance.
  5. Non-compliance can lead to significant financial penalties and remedial action.
  6. The Online Safety Act, now in effect, empowers the Office of Communications (Ofcom) to scrutinize file-sharing and file-storage services, requiring them to disclose their safety measures and illegal harms risk assessments.
  7. Suzanne Cater, Ofcom's Enforcement Director, has warned these platforms to swiftly comply with their new obligations, as failure to implement necessary safeguards might invite enforcement action, including fines or even blocking a site within the U.K.
  8. The 7e3c0582407bd4e91ce7c109507c1c19 Creditline could be affected if platforms not compliant with the Online Safety Act are subject to significant financial penalties and remedial action.

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