<\/p>\n
The UK\u2019s media watchdog, Ofcom, has published a debut\u00a0report on its first year regulating a selection of video-sharing platforms (VSPs) \u2014 including TikTok, Snapchat, Twitch, Vimeo and OnlyFans \u2014 following the introduction of content-handling rules aimed at protecting minors and others from viewing harmful user-generated video content online.<\/p>\n
As well aiming to shrink the risk of minors being exposed to age-inappropriate content (an area the UK\u2019s data protection watchdog also has under watch), the VSP regulation requires in-scope Internet platforms to take steps to protect all their users from content likely to incite violence or hatred against protected groups or which would be considered a criminal offence under laws related to terrorism, child sexual abuse material, racism and xenophobia.<\/p>\n
It\u2019s a taster of a broader (and more controversial) online content regulation that\u2019s been years in the making \u2014 aka the Online Safety Bill \u2014 which remains in limbo after the new UK prime minister, and her freshly appointed minister heading up digital issues, paused the draft legislation last month saying they wanted to tweak the approach in response to freedom of expression concerns.<\/p>\n
There are questions about whether the Online Safety Bill will\/can survive the UK\u2019s stormy domestic politic situation. Which means the VSP regulation may end up sticking around longer (and doing more heavy lifting) than originally envisaged \u2014 if, as now looks likely, it takes the government rather more time than was originally envisaged to legislate for the wider online safety rules that ministers have been planning since 2018.<\/p>\n
The draft Online Safety bill, which sets up Ofcom as the UK\u2019s chief internet content regulator, had already attracted plenty of controversy \u2014 and become cluttered with add-ons and amendments \u2014 before it got parked by new secretary of state for digital, Michelle Donelan, last month. (Just before new prime minister, Liz Truss, unleashed a flurry of radical libertarian economic policies that succeeded in spooking the financial markets and parking her fledgling authority, generating a fresh domestic political crisis. So the bill\u2019s fate \u2014 like the government\u2019s \u2014 remains tbc.<\/p>\n
In the meanwhile, Ofcom is getting on with regulating the subset of digital services it can. And under the VSP regulation it\u2019s empowered to act against video-sharing platforms that fail to act on online harms by putting in place appropriate governance systems and processes \u2014 including by issuing enforcement notifications that require a platform to take specified actions and\/or by imposing a financial penalty (although its guidance says it will \u201cusually attempt to work with providers informally first to try to resolve compliance concerns\u201d) \u2014 so some digital businesses are already undergoing regulatory oversight in the UK vis-a-vis their content moderation practices.<\/p>\n
A regulatory gap remains, though \u2014 with the VSP regulation applying only to a subset of video-sharing platforms (NB: on-demand video platforms like streaming services fall under separate UK regulations).<\/p>\n
Hence \u2014 presumably \u2014 social media sites like Instagram and Twitter not<\/em> being on the list of VSPs which have notified Ofcom they fall within the regime\u2019s jurisdiction, despite both allowing users to share their own videos (videos that may, in the case of Twitter, include adult content as its T&Cs permit such content) \u2014 while, in the other camp, the likes of TikTok, Snapchat and Twitch have notified themselves as subject to the rules. (We asked Ofcom about how\/whether notification criteria would apply to non-notified platforms like Twitter but at the time of writing it had not responded to our questions.)<\/p>\n Bottom line: It is up to platforms to self-assess whether the VSP regulation applies to them. And as well as the better known platforms listed above, the full list of (currently) nineteen \u201cnotified video-sharing platforms\u201d spans a grab-bag of companies and content themes, including a number of smaller, UK-based adult-themed content\/creator sites; gaming streamer and extreme sports platforms; social shopping, networking and tourism apps; and a couple of \u2018current affairs\u2019 video sites, including conspiracy and hate-speech magnet, BitChute, and a smaller (UK-founded) site that also touts \u201ccensorship-free\u201d news.<\/p>\n Ofcom\u2019s criteria for notification for the VSP regulation has a number of provisions but emphasizes that providers should \u201cclosely consider\u201d whether their service has the \u201cprincipal purpose of providing videos to the public\u201d, either a<\/span>s a whole or in a \u201cdissociable section\u201d; and pay mind to whether video provision is <\/span>an \u201cessential functionality\u201d of their <\/span>service as a whole, meaning video contributes \u201csignificantly\u201d to the commercial and functional value<\/span>.<\/p>\n Given it\u2019s early days for the regulation \u2014 which came into effect in November 2020, although Ofcom\u2019s guidance and plan for overseeing the rules wasn\u2019t published until October 2021 which is why it\u2019s only now reporting on its first year of oversight \u2014 and given platforms being left to self-assess if they fall in-scope, the list may not be entirely comprehensive as yet; and more existing services that don\u2019t appear on the list could be added as the regime progresses.<\/p>\n Including by Ofcom itself \u2014 which can use its powers to request information and assess a service if it suspects it meets the statutory criteria but has not self-notified. It can also take enforcement action over a lack of notification \u2014 ordering a service to notify and financially sanctioning those that fail to do so \u2014 so video sharing services that try to evade the rules by pretending they don\u2019t apply aren\u2019t likely to go unnoticed for too long.<\/p>\n So what\u2019s the regulator done so far in this first phase of oversight? Ofcom says it\u2019s used its powers to gather information from notified platforms about what they are doing to protect users from harm online.<\/p>\n Its report offers a round-up of intel on how listed companies tackle content challenges \u2014 offering nuggets like TikTok relies \u201cpredominantly on proactive detection of harmful video content\u201d (aka automation) rather than \u201creactive user reporting\u201d, with the latter said to lead to just 4.6% of videos removed. <\/span>And<\/span>\u00a0Twitch is <\/span>unique among the regulated VSPs in enforcing on-platform sanctions (such as account bans) for \u201csevere\u201d off-platform conduct, such as terrorist activities or sexual exploitation of children.\u00a0<\/span><\/p>\n The six biggest notified UK-established video-sharing platforms (Image credit: Ofcom)<\/p>\n<\/div>\n Snapchat is currently the only partially regulated video sharing service of those being overseen by Ofcom \u2014 since only two areas of the app are currently notified as in scope: namely Spotlight and Discover, two trending\/topical content feeds that can contain user generated video.<\/p>\n Ofcom\u2019s report also highlights that Snap uses \u201ctools\u201d (no further detail is offered) to estimate the age of users on its platform to try to identify underage users who misrepresented their age on sign-up (i.e. by entering a false birth date, as it does not require harder age verification). <\/span><\/p>\n \u201c<\/span>This is based on a number of factors and is used to stop users suspected to be under 18 from seeing content that is inappropriate for them, such as advertisements of regulated goods. However, Snap did not disclose whether this information is used to validate information about the age of its users or whether it would prompt further investigation of the user,\u201d it goes on in further detail-light remarks \u2014 highlighting that its first year of information gathering on platforms\u2019 processes still has plenty of blanks to fill in.\u00a0<\/span><\/p>\n Nonetheless, the regulator is planting a flag with this first report \u2014 one that signifies it\u2019s arrived at base camp and is bedding down and preparing to spend as long as it takes to conquer the content regulation mountain looming ahead.<\/p>\n \u201cOfcom<\/span> is one of the first regulators in Europe to do this,\u201d it emphasizes in a press release accompanying the report\u2019s publication. \u201cToday\u2019s report is the first of its kind under these laws and reveals information previously unpublished by these companies.\u201d<\/p>\n Commenting in a statement, Ofcom\u2019s CEO, Melanie Dawes, added:<\/p>\n \u201cToday\u2019s report is a world first. We\u2019ve used our powers to lift the lid on what UK video sites are doing to look after the people who use them. It shows that regulation can make a difference, as some companies have responded by introducing new safety measures, including age verification and parental controls. \u201cBut we\u2019ve also exposed the gaps across the industry, and we now know just how much they need to do. It\u2019s deeply concerning to see yet more examples of platforms putting profits before child safety. We have put UK adult sites on notice to set out what they will do to prevent children accessing them.\u201d<\/p>\n<\/blockquote>\n Top of Ofcom\u2019s concerns after its first pass at gathering intel on how VSPs are approaching harmful content is a lack of robust age-verification measures on UK-based adult-themed content sites \u2014 which the regulator says it wants to see applied to prevent child accessing pornography.<\/p>\n \u201cOfcom<\/span> 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,\u201d it warns, adding that it was told by one smaller adult platform it had considered implementing age verification but had decided not to as it would reduce its profitability (its report does not name the platform in question in that case).<\/p>\n The report credits the VSP regulation with compelling the (predominantly) adult content creator site, OnlyFans, with adopting age verification for all new UK subscribers \u2014 which it says the platform has done using third-party tools, provided by (UK) digital identity startups Yoti and Ondato.\u00a0 (Quick aside: That UK startup name dropping here does not look accidental as it\u2019s where the government\u2019s 2019 manifesto promise \u2014 to make the country the safest place in the world to go online \u2014 intersects with a (simultaneously claimed) digital growth agenda. The latter policy priority skips over the huge compliance bureaucracy that the online safety regime will land on homegrown tech businesses, making it more costly and risky for all sorts of services to operate (which ofc sounds bad for digital growth), in favor of spotlighting an expanding cottage industry of UK \u2018safety\u2019 startups and government-fostered innovators \u2014 whose tools may end up being very generally required if the online safety rulebook is to even vaguely deliver as intended \u2014 and so (ta-da!) there\u2019s your digital growth!)<\/p>\n Clearly, a push to scale uptake of \u2018Made in Britain SafetyTech\u2019 dovetails neatly with Ofcom \u2014 in its role as long-anointed (but not yet fully appointed) online harms watchdog \u2014 cranking up the pressure on regulated platforms to do more.<\/p>\n Ofcom has, also today, published new research in which it says it found that a large majority of people (81%) do not mind proving their age online in general, and a slightly smaller large majority (78%) expect to have to do so for certain online activities \u2014 begging the question which Internet users did it ask exactly; and how did it suggest they\u2019d be asked to prove their age (i.e. constantly, via endless age verification pop-ups interrupting their online activity, or persistently, handing their Internet browsing history to a single digital ID company and praying its security is infallible, say? (But I digress\u2026).<\/p>\n For the record, Ofcom says this research it\u2019s simultaneously publishing has been taken from a number of separate studies \u2014 including reports on the VSP <\/span>Landscape, the VSP Tr<\/span>acker (March 2022), the VSP Parental Guidance research, and the Adults Attitudes to Age-Verification on adult sites research \u2014 so there are likely a variety of sentiments and contexts underlying the stats it\u2019s chosen to highlight.<\/span><\/p>\n \u201cA similar proportion (80%) feel internet users should be required to verify their age when accessing pornography online, especially on dedicated adult sites,\u201d Ofcom\u2019s PR goes on, warning that it will be stepping up action over the coming year to compel porn sites to adopt age verification tech.<\/p>\n \u201cOver the next year, adult sites that we already regulate must have in place a clear roadmap to implementing robust age verification measures. If they don\u2019t, they could face enforcement action,\u201d it writes. \u201cUnder future Online Safety laws, Ofcom<\/span> will have broader powers to ensure that many more services are protecting children from adult content.\u201d<\/p>\n Earlier this year, the government signalled that mandatory age verification for adult sites would be baked into the Online Safety Bill by bringing porn sites in scope of the legislation to make it harder for children to access or stumble across such content \u2014 so Ofcom\u2019s move prefigures that anticipated future law.<\/p>\n The 114-page \u201cfirst-year\u201d report of Ofcom\u2019s VSP rules oversight goes on to flag a concern about what it describes as the \u201climited\u201d evidence platforms provided it with (so far) on how well their safety measures are operating. \u201cThis creates difficulty in determining with any certainty whether VSPs\u2019 safety measures are working consistently and effectively,\u201d it notes in the executive summary.<\/span><\/p>\n It also highlights a lack of adequate preparation for the regulation \u2014 saying some platforms are \u201cnot sufficiently prepared\u201d or resourced to meet the requirements \u2014 and stipulates that it wants to see platforms providing <\/span>more comprehensive responses to its information requests in the future.<\/p>\n Ofcom also warns over platforms not prioritising risk assessment processes \u2014 which its report describes as \u201cfundamental\u201d to proactively identifying and mitigating risks to user safety \u2014 further underscoring this will be a key area of focus, as it says: \u201cRisk assessments will be a requirement on all regulated services under the Online Safety regime.\u201d\u00a0<\/span><\/p>\n The regulator says the coming year of its oversight of the VSP regime will concentrate on how platforms \u201cset, enforce, and test their approach to user safety\u201d \u2014 including by ensuring they have sufficient systems and processes in place to set out and uphold community guidelines covering all relevant harms; monitoring whether they \u201cconsistently and effectively\u201d apply and enforce their community T&Cs; reviewing tools they provide to users to let them control their experience on the platform and also encouraging greater engagement with them; and also driving forward \u201ct<\/span>he implementation of robust age assurance to protect children from the most harmful online content (including pornography)\u201d.<\/span><\/p>\n So homegrown safety tech, digital ID and age assurance startups will surely be preparing for a growth year \u2014 even if fuller online safety legislation remains frozen in its tracks owing to ongoing UK political instability.<\/p>\n \u201cOur priorities for Year 2 will support more detailed scrutiny of platforms\u2019 systems and processes,\u201d Ofcom adds, before reiterating its expectation of a future \u201cmuch broader\u201d workload \u2014 i.e. if\/when the Online Safety Bill returns to the Commons.<\/p>\n As well as OnlyFans adopting age verification for all new UK subscribers, Ofcom\u2019s report flags other positive changes it says have been made by some of the other larger platforms in response to being regulated \u2014 noting, for example, that TikTok now categorizes content that may be unsuitable for younger users to prevent them from viewing it; and also pointing to the video-sharing platform establishing an Online Safety Oversight Committee focused on oversight of content and safety compliance within the UK and EU as another creditable step.<\/p>\n It also welcomes a recently launched parental control feature by Snapchat, called Family Center, which lets parents and guardians view a list of their child\u2019s conversations without seeing the content of the message.<\/span><\/p>\n While Vimeo gets a thumbs up for now only allowing material rated \u2018all audiences\u2019 to be visible to users without an account \u2014 with content that\u2019s rated \u2018mature\u2019 or \u2018unrated\u2019 now automatically put behind a login screen. And Ofcom\u2019s report also notes that the service carried out a risk assessment in response to the VSP regime.<\/p>\n<\/div>\n Ofcom further flags changes at BitChute \u2014 which it says updated its T&Cs (including adding \u2018Incitement to Hatred\u2019 to its prohibited content terms last year<\/span>), as well as increasing the number of people it has working on content moderation \u2014 and the report describes the platform as having engaged \u201cconstructively\u201d with Ofcom since the start of the regulation.<\/p>\n Nonetheless, the report acknowledges that plenty more change will be needed for the regime to have the desired impact \u2014 and ensure VSPs are taking \u201ceffective action to address harmful content\u201d \u2014 given how many are \u201cnot sufficiently equipped, prepared and resourced for regulation\u201d.<\/p>\n Nor are VSPs prioritising risk assessing their platforms \u2014 a measure Ofcom\u2019s report makes clear will be a cornerstone of the UK\u2019s online safety regime.\u00a0<\/span><\/p>\n So, tl;dr, the regulation process is just getting going.<\/p>\n<\/div>\n \u201cOver 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,\u201d Ofcom adds.<\/p>\n On the enforcement front, it notes that it has recently (last month) opened a formal investigation into one firm (Tapnet) \u2014 which operates adult site RevealMe \u2013 after it initially failed to comply with an information request.\u00a0\u201cWhile Tapnet Ltd provided its response after the investigation was opened, this has impacted on our ability to comment on RevealMe\u2019s protection measures in this report,\u201d it adds.\u00a0<\/span><\/p>\n<\/div>\n<\/div>\n<\/div>\n<\/div>\n","protected":false},"excerpt":{"rendered":" The UK\u2019s media watchdog, Ofcom, has published a debut\u00a0report on its first year regulating a selection of video-sharing platforms (VSPs) \u2014 including TikTok, Snapchat, Twitch, Vimeo and OnlyFans \u2014 following the introduction of content-handling rules aimed at protecting minors and others from viewing harmful user-generated video content online. As well aiming to shrink the risk […]<\/p>\n","protected":false},"author":1,"featured_media":1229343,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[21],"tags":[],"class_list":["post-1229341","post","type-post","status-publish","format-standard","has-post-thumbnail","category-celebrity-gossip"],"_links":{"self":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/1229341","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/comments?post=1229341"}],"version-history":[{"count":0,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/posts\/1229341\/revisions"}],"wp:attachment":[{"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/media?parent=1229341"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/categories?post=1229341"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.ghanamma.com\/2022\/wp-json\/wp\/v2\/tags?post=1229341"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}\n
Age verification for adult sites<\/h3>\n
Early concerns and changes\u00a0<\/span><\/h3>\n