Ofcom has issued its provisional decision against the provider of an online suicide forum in relation to breaches of the Online Safety Act 2023.
Encouraging or assisting suicide is a criminal offence in the UK. Following investigation, Ofcom says that it has reasonable grounds to believe the provider of the forum has failed to comply with its duties:
- to conduct a suitable and sufficient illegal content risk assessment;
- to use proportionate measures to prevent individuals encountering priority illegal content;
- to use proportionate systems and processes to minimise the length of time priority illegal content is present;
- to swiftly take down illegal content when it becomes aware of it;
- to specify in its terms of service how individuals are to be protected from illegal content; and
- relating to content reporting and complaints procedures in relation to illegal content.
Last year, the forum implemented a geoblock in response to Ofcom’s enforcement proceedings against it, to restrict access by people with UK IP addresses. However, after a period of monitoring the service, Ofcom became concerned that the block was ineffective and/or was not consistently maintained, and continued to a provisional breach decision as a result.
The provider of the forum now has ten working days to respond to Ofcom’s provisional findings, which will be carefully considered before it makes its final decision.
Ofcom can impose a fine and/or directions for the company to comply with its duties. In the most serious cases and where there is ongoing non-compliance, it can make an application to a court seeking an order requiring internet service providers to block access to a site in the UK.
In a narrow set of cases – for example, in relation to certain children’s safety duties – failure to comply with obligations in the Act can also give rise to criminal liability. However, the Act states that criminal proceedings may not be brought if a financial penalty has already been imposed or if a business disruption order has been granted. Therefore, if Ofcom imposes sanctions, it must either pursue financial penalties and/or business disruption measures, or criminal proceedings if relevant to the case.
