Smaller adult video-sharing sites based in the UK do not have sufficiently robust access control measures in place to stop children accessing pornography, Ofcom has found in a new report.

As it stands, Ofcom has some authority to regulate video-sharing platforms (VSPs) established in the UK, which are required by law to take measures to protect people using their sites and apps from harmful videos.

Nineteen companies have notified the regulator that they fall within its jurisdiction, including TikTok, Snapchat, Twitch, Vimeo, OnlyFans and BitChute; as well as several smaller platforms, including adult sites.

In this latest report – which Ofcom claims is the first of its kind – sites have been evaluated based on the measures they have in place to protect users from harm online.

What did the report find?

Ofcom is concerned that smaller UK-based adult sites do not have robust measures in place to prevent children accessing pornography. They all have age verification measures in place when users sign up to post content. However, users can generally access adult content just by self-declaring that they are over 18.

One smaller adult platform told the regulator that it had considered implementing age verification, but had decided not to as it would reduce the profitability of the business.

However, the largest UK-based site with adult content, OnlyFans, has responded to regulation by adopting age verification for all new UK subscribers, using third-party tools provided by Yoti and Ondato.

According to new research published by Ofcom, most people (81%) do not mind proving their age online in general, with a majority (78%) expecting to have to do so for certain online activities. A similar proportion (80%) feel internet users should be required to verify their age when accessing pornography online, especially on dedicated adult sites.

In response to what Ofcom deems as lacklustre procedure, the regulator has obligated adult sites within its jurisdiction to lay out a roadmap of implementation for age verification measures over the next year. Sites that fail to adhere could face enforcement action.

Some progress protecting users, but more to be done

Ofcom have stated that that they have observed some companies taking steps in the right direction, picking four out to list their progress:

• TikTok now categorises content that may be unsuitable for younger users, to prevent them from viewing it. It has also established an Online Safety Oversight Committee, which provides executive oversight of content and safety compliance specifically within the UK and EU.
• Snapchat recently launched a parental control feature, Family Center, which allows parents and guardians to view a list of their child’s conversations without seeing the content of the message.
• Vimeo now allows only material rated ‘all audiences’ to be visible to users without an account. Content rated ‘mature’ or ‘unrated’ is now automatically put behind the login screen.
• BitChute has updated its terms and conditions and increased the number of people overseeing and – if necessary – removing content.

However, Ofcom also stated that it is clear that many platforms are not sufficiently equipped, prepared and resourced for regulation, even saying that they have opened a formal investigation into one firm, Tapnet Ltd – which operates adult site RevealMe – in relation to its response to the regulators information request.

Finally, the regulator found that companies are not prioritising risk assessments of their platforms. This will be a requirement on all regulated services under future online safety laws.

Dame Melanie Dawes, Ofcom’s Chief Executive, said: “Unlike in our broadcasting work, our role is not to assess individual videos. Due to the massive volume of online content, it is impossible to prevent every instance of harmful content. So Ofcom’s job is to make sure the platforms are taking effective action to address harmful content.

“Over the next twelve months, we expect companies to set and enforce effective terms and conditions for their users, and quickly remove or restrict harmful content when they become aware of it. We will review the tools provided by platforms to their users for controlling their experience, and expect them to set out clear plans for protecting children from the most harmful online content, including pornography.”

The Online Safety Bill

The forthcoming online safety laws will give Ofcom wider duties and powers, and many more services will be required to protect their users.

Under the bill, Ofcom would be granted broader powers to regulate online platforms and prevent the spread of ‘harmful content’.

Companies which fail to comply with the regulations would be subject to hefty fines while senior employees would also be imprisoned for repeated breaches.

Supporters of the bill hailed the proposals as a marked step in tackling harmful content online, with regulations offering greater protections for children and vulnerable adults.

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However, opponents raised serious concerns that the legislation would damage privacy and create a culture of pervasive online surveillance due to requirements around identity verification.

The government has encountered stiff internal opposition to the bill. Speaking in the Commons in July, David Davis MP criticised the bill, describing it as being “fundamentally mis-designed”.

“It should’ve been several bills, not one,” he said. “It’s so complex it’s very difficult to forecast the consequences of what it sets out to be.”