The UK has been trying to regulate access to adult content online for more than a decade, but has failed time and time again. But that may be about to change, as OfCom, the government-approved communications services regulator, has finally published its age verification guidelines. It is not yet clear how they will implement the guidelines, but these are the first steps.
The new obligations stem from the Online Safety Act of October 2023, which requires providers to stop children from accessing pornographic content. In late 2023, Ofcom published an initial draft of expectations for services, saying it would publish final guidance in early 2025 – so we’re on time.
“For too long, many online services that allow porn and other harmful material have ignored the fact that children are accessing their services,” said Melanie Dawes, Ofcom’s chief executive, in a release. “They either don’t ask, or when they do, the checks are minimal and easy to avoid. This means that companies are effectively treating all users as adults, leaving children potentially vulnerable to porn and other types of harmful content. Today, this is starting to change.”
First, Ofcom is requiring all relevant services to determine by April 16 whether children can access any part of their offerings. In the same month, Ofcom will publish its Child Protection Codes and guidance on conducting child risk assessments. Any service that is likely to be used by children will need to carry out this assessment by July. They must also take protective measures in case children try to use their services, such as age verification. Any site containing pornography (whether created by the service, users, or generative AI) should implement strict age verification as soon as possible.
As Ofcom notes, “the age verification methods used by services must be technically accurate, reliable, robust and fair to be considered highly effective.” These methods may include photo ID matching, facial age estimation, digital identification services, and mobile operator age verification, to name but a few. Unacceptable methods include self-declaration of age by users and online payments where individuals do not have to be 18 years old. Pornography should not be visible before or during these checks. However, the regulator emphasizes that services must strike a balance between protecting privacy and the access rights of adult users.
Ofcom says it will contact many adult services about these requirements and will “not hesitate” to take action against or investigate services that ignore their obligations. Again, these specific actions are unclear, so we will see how well these rules are enforced.
