UK law
4chan says it won’t comply with the Online Safety Act 2023
Back in June, we reported that Ofcom had opened formal investigations into various companies under the Online Safety Act 2023, including the online discussion board 4chan. This month, it issued 4chan with “a provisional notice of contravention” for failing to comply with two requests for information. According to the BBC, 4chan is refusing to comply with the Act and will not pay the £20,000 fine with daily penalties thereafter. Its lawyers say, “Ofcom’s notices create no legal obligations in the United States”, and that the regulator’s investigation was part of an “illegal campaign of harassment” against US tech firms. The lawyer further said that “4chan has broken no laws in the United States – my client will not pay any penalty.” Ofcom has declined to comment while its investigation continues. The Online Safety Act has been mired in controversy, and enforcement against overseas companies has been a concern from the beginning, although Ofcom can ask for search results to be removed, or for ISPs to block access.
CMA issues further consultation on markets regime guidance
The CMA is consulting on updating its markets regime guidance. The updates aim to reflect changes resulting from the Digital Markets, Competition and Consumers Act 2024 and changes in other legislation since the Enterprise and Regulatory Reform Act 2013, to reflect developments in CMA practice over time, and to simplify the suite of markets regime guidance documents. The proposed amendments build on and incorporate feedback received in its 2024 consultation and apply the ‘4Ps’ framework to the markets regime, as outlined in the CMA’s markets approach document published on 24 July 2025. The current consultation ends on 1 October 2025.
FCA issues report on digital design in customers’ online journeys
The FCA has published a report on digital design in customers’ online journeys in the context of consumer credit. It says that in recent years, apps and digital platforms have changed customer journeys. This has affected how customers engage with firms, apply for products and borrow money. Following the FCA’s research on digital design and sludge practices, it wanted to see how firms acquire customers through digital channels and how they are delivering good customer outcomes, in line with the expectations of the Consumer Duty. It worked with a small number of firms, reviewing their digital acquisition journeys and the design of their apps and websites. The design of digital platforms can encourage customers in a specific direction and can influence their understanding of products and features. When used well, the design can really support good consumer outcomes. However, the FCA also points out that customers can also be driven towards making quick decisions which may not be in their best interests or consistent with the FCA’S expectations under the Consumer Duty. It encourages firms to consider how the design of customer journeys can affect customer understanding and their decisions when applying for credit. This is consistent with the approach of the CMA to online choice architecture, which is regulated under the unfair commercial practices provisions of the Digital Markets, Competition and Consumers Act 2024.
CTSI’s guidance for traders on pricing practices updated
The Chartered Trading Standards Institute’s Guidance for Traders on Pricing Practices has been updated to reflect the latest legislative information, including the Digital Markets, Competition and Consumers Act 2024. It is designed to provide helpful, common-sense guidance to traders about pricing practices. It provides an overview of consumer protection laws that relate to pricing and associated practices for traders, including online price claims.
ICO reprimands South Yorkshire Police following deletion of body-worn video evidence
The ICO has reprimanded South Yorkshire Police (SYP) after SYP deleted over 96,000 pieces of body-worn video (BWV) evidence. The ICO found SYP did not have the appropriate technical and organisational measures in place to keep the evidence secure. This included delaying the formulation of IT backup policies and not escalating to senior management when flaws were discovered in 2019; poor record keeping, meaning it could not confirm how many pieces of footage were permanently lost; and not identifying the security risk in relation to transferring of personal data between IT systems. The ICO has recommended that SYP ensures that there is an adequate storage backup solution and process to restore lost BWV footage, continues to shadow third parties when accessing SYP IT systems, defines third party roles and responsibilities when processing personal information held on SYP IT systems, completes a risk assessment to determine security implications and control requirements before allowing third party access to SYP IT systems, and ensures all records are marked in a clear, identifiable way. This guidance should also be helpful for all police forces and services who use BWV to check and improve, where necessary, data protection practices. The ICO has also published the results of an audit it has carried out into two police forces’ use of BWV. The audits focused on governance and how personal information is used.
