Ofcom Publishes Industry Guidance for Online Age Assurance under the Online Safety Act

In a significant development, Ofcom has issued new guidance to ensure compliance with the Online Safety Act, requiring effective age checks on platforms hosting pornography and other harmful content. These measures aim to safeguard children online, with strict implementation deadlines and enforcement actions looming for non-compliant services.

Key Highlights from Ofcom’s Guidance

Mandatory Age Assurance Implementation by July 2025:

• Part 5 services (those publishing their own pornography) must begin implementing robust age assurance immediately.
• Part 3 services (platforms hosting user-generated pornography and other harmful content, such as social media, tube sites, and fan platforms) must have fully operational age checks by July 2025.

Children’s Access Assessments:

• Starting January 16, 2025, all user-to-user and search services must complete a children’s access assessment within three months (by April 16, 2025).
• Services likely accessed by children must implement children’s safety measures, including age checks, to protect minors from exposure to harmful content.

What Constitutes Highly Effective Age Assurance?

• Age assurance methods must be technically accurate, robust, and fair to meet Ofcom’s standards.
• Approved methods include:
  • Photo ID matching
  • Facial age estimation
  • Mobile network operator checks
  • Open banking verification
• Not acceptable: Self-declaration or online payments without strict verification.
• Pornographic content must not be visible before completing the age check, and platforms must prevent circumvention of these processes.

Enforcement and Compliance Program:

• Ofcom has launched an age assurance enforcement program, focusing initially on Part 5 services.
• Non-compliant services may face investigations and enforcement actions, including significant penalties.

Implications for Online Platforms

Immediate Action Required: Platforms must review their age assurance processes to align with Ofcom’s guidance.

Compliance Deadlines

Children’s Access Assessment: April 16, 2025

Age Assurance for Pornography: July 2025

Next Steps for Industry Stakeholders

1. Conduct immediate assessments of your service’s child-accessibility risks.
2. Implement Ofcom compliant age assurance processes without delay.
3. Prepare for enforcement scrutiny by documenting compliance efforts thoroughly.

Silverstein Legal is here to help. If your platform needs assistance navigating these complex regulatory requirements or implementing effective age assurance processes, contact us today.

For additional details or a consultation, please contact Silverstein Legal.

About Silverstein Legal

Founded in 2006 by adult entertainment lawyer Corey D. Silverstein, Silverstein Legal is a boutique law firm that caters to the needs of anyone working in the adult entertainment industry. Silverstein Legal’s clients include hosting companies, affiliate programs, content producers, processors, designers, developers, and website operators.