Ofcom Watch

The owner of a popular cycling forum LFGSS has decided to close his business due to the enormous risks and expenses inherent in running a British business due to be suffocated by the misleadingly named Online Safety Act. He explains:

Reading Ofcom's tome of censorship rules and we're done... we fall firmly into scope, and I have no way to dodge it. The act is too broad, and it doesn't matter that there's never been an instance of any of the proclaimed things that this act protects adults, children and vulnerable people from... the very broad language and the fact that I'm based in the UK means we're covered.

The act simply does not care that this site and platform is run by an individual, and that I do so philanthropically without any profit motive (typically losing money), nor that the site exists to reduce social loneliness, reduce suicide rates, help build meaningful communities that enrich life.

The act only cares that is it "linked to the UK" (by me being involved as a UK native and resident, by you being a UK based user), and that users can talk to other users... that's it, that's the scope.

I can't afford what is likely tens of thousand to go through all the legal hoops here over a prolonged period of time, the site itself barely gets a few hundred in donations each month and costs a little more to run... this is not a venture that can afford compliance costs... and if we did, what remains is a disproportionately high personal liability for me, and one that could easily be weaponised by disgruntled people who are banned for their egregious behaviour... I do not see an alternative to shuttering it.

The conclusion I have to make is that we're done... Microcosm, LFGSS, the many other communities running on this platform... the risk to me personally is too high, and so I will need to shutter them all.

On Sunday 16th March 2025 (the last day prior to the Act taking effect) I will delete the virtual servers hosting LFGSS and other communities, and effectively immediately end the approximately 300 small communities that I run, and the few large communities such as LFGSS.

Ofcom writes:

Today we are publishing our first major policy Statement for the Online Safety regime.

This decision on the Illegal Harms Codes and guidance marks a major milestone, with online providers now being legally required to protect their users from illegal harm.

Ofcom published proposals about the steps providers should take to address illegal harms on their services shortly after passage of the Online Safety Act in October 2023. Since then, we have been consulting carefully and widely, listening to industry, charities and campaigners, parents and children, as well as expert bodies and law enforcement agencies. With today's publication1, online providers must take action to start to comply with these new rules. The result will be a safer life online for people in the UK, especially children.

Providers now have a duty to assess the risk of illegal harms on their services, with a deadline of 16 March 2025. Subject to the Codes completing the Parliamentary process, from 17 March 2025, providers will need to take the safety measures set out in the Codes or use other effective measures to protect users from illegal content and activity. We are ready to take enforcement action if providers do not act promptly to address the risks on their services.

Analysis to follow but there are over 1000 pages to get through first!

Ofcom has fined GB News Limited for breaching the special impartiality requirements in the programme People's Forum: The Prime Minist er broadcast on 12 February 2024. Ofcom writes:

The programme featured the then Prime Minister, Rishi Sunak, in a question-and-answer session with a studio audience about the Government's policies and performance. Our Breach Decision published on 20 May 2024 found this programme failed to maintain due impartiality on a matter of major political controversy and a major matter of current public policy, and due impartiality was not preserved through clearly linked and timely programmes, in breach of Rules 5.11 and 5.12 of the Broadcasting Code .

Given the seriousness and repeated nature of the breach of these rules, Ofcom has imposed a financial penalty of 2£100,000 on GB News Limited and also directed the Licensee to broadcast a statement of our findings in this case, on a date and in a form to be determined by Ofcom.

GB News is challenging the Breach Decision by judicial review, which we are defending. Ofcom will not enforce this sanction decision until those proceedings are concluded.

Ofcom writes:

Parliament set us a deadline of April 2025 to finalise our codes and guidance on illegal harms and children's safety. We will finalise our illegal harms codes and guidance ahead of this deadline. Our expected timing for key milestones over the next year -- which could change -- include:

• December 2024: Ofcom will publish first edition illegal harms codes and guidance. Platforms will have three months to complete illegal harms risk assessment.

• January 2025: Ofcom will finalise children's access assessment guidance and guidance for pornography providers on age assurance. Platforms will have three months to assess whether their service is likely to be accessed by children.

• February 2025: Ofcom will consult on best practice guidance on protecting women and girls online, earlier than previously planned. March 2025: Platforms must complete their illegal harms risk assessments, and implement appropriate safety measures.

• April 2025: Platforms must complete children's access assessments. Ofcom to finalise children's safety codes and guidance. Companies will have three months to complete children's risk assessment.

• Spring 2025: Ofcom will consult on additional measures for second edition codes and guidance.

• July 2025: Platforms must complete children's risk assessments, and make sure they implement appropriate safety measures.

We will review selected risk assessments to ensure they are suitable and sufficient, in line with our guidance, and seek improvements where we believe firms have not adequately mitigated the risks they face. Ready to take enforcement action.

Ofcom has the power to take enforcement action against platforms that fail to comply with their new duties, including imposing significant fines where appropriate. In the most serious cases, Ofcom will be able to seek a court order to block access to a service in the UK, or limit its access to payment providers or advertisers.

We are prepared to take strong action if tech firms fail to put in place the measures that will be most impactful in protecting users, especially children, from serious harms such as those relating to child sexual abuse, pornography and fraud.