Ofcom’s Illegal Content Compliance Tool – Key Deadlines and Responsibilities

On January 21, 2025, Ofcom updated its interactive compliance tool to assist providers of user-to-user and search services in meeting their obligations under the Online Safety Act 2023. The tool is designed to help service providers conduct their illegal content risk assessments and comply with illegal content safety duties, record-keeping, and review obligations.

Key Requirements & Deadlines

• Risk Assessment Deadline: Your first illegal content risk assessment must be completed by March 16, 2025.
• New or Modified Services: If you launch a new service or modify an existing one so that it falls under the Act, you must complete a risk assessment within three months of the change.
• Ongoing Compliance: Services must review their risk assessment at least annually to ensure continued compliance. If making a significant change to your service, you must conduct a new risk assessment before implementing the change.

Using Ofcom’s Compliance Tool

The Ofcom compliance tool provides guidance and recommendations based on responses to a series of questions. It does not guarantee compliance but serves as a structured method for assessing risk. Providers are responsible for:

• Implementing safety measures as required by the Act.
• Keeping proper records of risk assessments and compliance efforts.
• Making their own legal determinations regarding compliance.

Records do not need to be proactively submitted to Ofcom but must be available upon request.

Additionally, Ofcom provides an illegal content risk assessment template to assist providers in fulfilling their record-keeping duties.

Legal Duties Covered by the Tool

The tool assists with compliance under various sections of the Online Safety Act, including:

• Illegal content risk assessment duties (Sections 9 & 26)
• Illegal content safety duties (Sections 10 & 27)
• Content reporting and complaints procedures (Sections 20, 21, 31, 32)
• Record-keeping and review obligations (Sections 23 & 34)

“Suitable and Sufficient” Risk Assessments

Ofcom requires that risk assessments be:

• Comprehensive and cover all required elements of an illegal content risk assessment under Sections 9(5) and 26(5) of the Act.
• Specific to your service, accurately reflecting the risks posed.
• Updated periodically, at least every 12 months or when making significant changes.

Failure to conduct a compliant risk assessment may result in Ofcom enforcement action, including fines up to 10% of global revenue or £18 million (whichever is greater) and required remedial measures.

Implementing Safety Measures

Based on the risk assessment, providers must implement proportionate safety measures to:

• Prevent users from encountering priority illegal content.
• Mitigate and manage identified risks of harm to individuals.
• Ensure illegal content is swiftly removed.
• Establish clear reporting and complaints mechanisms.
• Clearly outline protections in the service’s terms of use and enforce them consistently.

For search services, additional obligations include:

• Implementing systems to minimize the risk of users encountering illegal content in search results.
• Maintaining a publicly available statement on user protection measures.

Next Steps

• Ensure your first illegal content risk assessment is completed by March 16, 2025.
• If applicable, conduct a new risk assessment within three months of launching or modifying a service.
• Maintain annual reviews and record-keeping for compliance.
• Consider using Ofcom’s compliance tool in conjunction with independent legal advice.

For further details, visit Ofcom’s official compliance resource.

Additionally, Ofcom’s full guidance documents can be accessed here.

Providers are strongly encouraged to review their compliance strategies immediately to avoid potential enforcement action.

For a legal consultation on compliance with the Online Safety Act 2023, contact Silverstein Legal today.

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.