Ofcom has seen the full extent of its power, and is working with the UK government to see if its powers can be strengthened, following a case with an online suicide forum. 

Under the Online Safety Act, Ofcom was able to block UK access to a suicide forum operating outside of the UK, but now, all possible legal routes under the Act have been exhausted. 

Ofcom says it is interested in reviewing its powers relating to ‘business disruption measures’ through which it can apply for a court order requiring internet service providers to block access to a site in the UK. 

The forum – reportedly linked with over 130 deaths in the UK – was the first service to be investigated by Ofcom under the UK’s online safety laws last year. It has been cited in multiple coroners’ reports regarding the deaths of UK citizens.

Ofcom found that illegal suicide content is present on the forum and has been consistently during the regulator’s investigation. This includes instructional ‘guides’ and threads detailing different methods of suicide, some of which have been present on the site for years.

Many of these have been either pinned or reposted by the provider itself, demonstrating that it is aware of this content.

In May, Ofcom found the forum’s provider in breach of its duties under the UK’s online safety laws, because it had not taken proportionate measures to prevent UK users from encountering illegal content that intentionally encourages or assists suicide.

Although the forum previously made several changes as a result of Ofcom’s enforcement action to restrict access to people in the UK – known as a ‘geoblock’ – the regulator found they were not effective or consistently applied.

Ofcom therefore fined the forum’s provider £950,000 and directed it to come into compliance. Ofcom is also preparing to apply for a court order to prevent access to the site in the UK in the event its concerns are not addressed. The forum has yet to pay this debt, and Ofcom is currently seeking ways to retrieve funds from the US-based provider. 

Since then, the forum has made a further change to its geoblock which addressed an issue Ofcom had raised with it, whereby registered UK users could still log in without a VPN. The forum has now closed this route with the effect that the vast majority of UK users who do not use a VPN to mask their country location are now no longer able to access the site.

While Ofcom says it recognises that geoblocks do not fully eliminate all risk of harm, and some registered users are still able to access the site, it says that the majority of UK users can no longer access the site. 

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The case exposes the extent to which the Online Safety Act can regulate an online platform – Ofcom can only seek a court order for business disruption measures under the basis of ongoing noncompliance – simply proving significant risk is not enough. Failure to pay a fine alone is also not enough to apply for the order.

All possible legal routes to further restrict the site have been exhausted, Ofcom said, though it will continue to monitor the case. 

“This nihilistic suicide forum, and the predators who use it to prey on some of the most vulnerable people in our society, have devastated lives and inflicted immeasurable heartbreak,” Suzanne Cater, director of enforcement at Ofcom said. 

“We have the utmost respect for the tireless efforts of bereaved families seeking justice and better protections for others, and we’re grateful for their help during our investigation.

“We’ve used the powers we’ve been granted to the fullest extent possible, which has resulted in blocking this site for the vast majority of users in the UK. We recognise this may not bring closure for bereaved families but it will help protect people in the UK in the future. We’ll continue to monitor the forum closely to check the geoblock remains in place.”

If you or a loved one is struggling, you can a list of helplines here or call the Samaritans at 116 123.