New Ofcom guidelines show it’s getting tougher on big tech
Ofcom has spelled out how it intends to use its powers under the Online Safety Act – and it plans to take a tougher stance with big tech.
The Online Safety Act applies to search firms and services that allow users to post content online or to interact with each other – everything from social media and consumer cloud storage and sharing sites to online forums and dating services.
It gives them new duties to put systems and processes in place to reduce the risk that their services are used for illegal activity, and to take down illegal content when it does appear.
Under the Act, Ofcom has the legal power to access information held by regulated companies and third parties, and said it will carefully scrutinize how effective tech firms’ safety measures are.
It will also demand data where it has specific concerns that the rules aren’t being followed.
This could include the power to remotely inspect how a platform’s algorithm works in real time, and the regulator said it will hold organizations to account over what they recommend to users, particularly children.
“As well as requesting information and data, we are also able to carry out an audit of a tech firm’s safety measures and features,” said Ofcom.
“In exceptional cases, we can enter the UK premises of tech companies to access information they hold and examine their equipment.”
It may do this in order to assess whether a provider is complying with the rules, or, if it isn’t, to assess the nature and level of risk.
Ofcom said in the new guidance that it will try to be flexible, and that when deciding whether to disclose information it will carefully balance the need against any concerns or objections.
However, if tech firms fail to comply with a request for information in an accurate, complete, and timely way, there will be consequences – some very serious – Ofcom warned.
They could, for example, face fines of up to £18 million or 10% of their worldwide revenue, whichever is higher.
In the most extreme cases, there could be criminal liability for individual executives for breaches such as knowingly or recklessly providing false information, failing to provide information, or failing to take all reasonable steps to prevent other information offences.
Last year, Ofcom fined TikTok under separate rules governing video-sharing platforms, for failing to respond to a request for information about its parental controls.
Meanwhile it’s currently investigating OnlyFans’ compliance with the Act, through a request for information.
The new guidance is effective immediately. The act applies to sites and apps that publish user-made content to other users, as well as large search engines – covering more than 100,000 online services.
Under the act, firms will be required to nominate a senior executive to be accountable for compliance; have properly staffed and funded moderation teams that can swiftly remove illegal material, and implement robust testing of algorithms – which curate what users see on their feeds – to make it harder for illegal material to spread.
Similarly, organizations will be obligated to remove accounts operated by – or behalf of – terrorist groups.
Tech platforms are also expected to operate “easy to find” tools for making content complaints which acknowledge receiving a complaint and indicate when it will be dealt with.
The biggest platforms are expected to give users options to block and mute other accounts on the platform, along with the option to disable comments.
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