Ofcom reveals serious intent with investigations

In a significant move, Ofcom has announced investigations into four companies, marking a clear commitment to the enforcement of the Online Safety Act (OSA) shortly after its introduction. Terry Green, Social Media partner at law firm Katten Muchin Rosenman UK LLP, commented on the implications of these investigations, stating that “the fact that Ofcom already has a number of existing enforcement programme and investigations into the compliance of the Online Safety Act shows they are serious about the OSA’s implementation.” This proactive approach suggests that Ofcom is not only focused on ensuring compliance within the UK but is also prepared to extend its investigative reach internationally, as highlighted by the inclusion of a non-UK entity in its inquiries.

Green emphasised, “it’s a clear message that companies all around the world should take this seriously, or else they will face an Ofcom investigation.” The urgency of this enforcement action may also stem from rising public discontent surrounding the Online Safety Act, which has garnered nearly 450,000 signatures advocating for its repeal, alongside concerns regarding new age-check requirements.

Moreover, Green underscored the importance of collaboration between platforms and Ofcom, stating, “engagement with Ofcom shows that a platform is taking the OSA seriously and fosters a cooperative culture which Ofcom have said they are willing to work with platforms.” He noted that Ofcom seems to be focusing on larger players regardless of their size, declaring that “it seems that Ofcom will come for you.”

As the landscape of online regulation evolves, it is imperative for all companies, including non-UK entities, to recognise the significance of Ofcom’s investigations and comply proactively with the new regulations. Green’s insights suggest a potentially more rigorous enforcement regime, signalling a critical turning point in the implementation of the Online Safety Act, pushing Ofcom and the Government to demonstrate tangible results swiftly.