Ofcom talks about the emphasis being on systems and processes, rather than on individual items of content.
And sure...
But a service provider (part 3) or producer (part 5) has to work out whether content on their service is or is not pornographic, which does require a content-based assessment.
So Ofcom cannot escape a content-centric approach entirely. But I doubt we'll get much guidance in response to questions on this.
Very specifically, Ofcom stresses that it will be "going after" small and medium sites, as well as large sites, in terms of age verification, because it wants age verification in place everywhere for porn.
Question: how does a site possibly comply if it doesn't make a profit / is a hobbyist site.
Ofcom: if you allow this kind of content, you must use highly-effective age assurance. Ofcom is a proportionate regulator, and will think about what process you take to implement it, time frames etc., but the Act makes clear that this is now a cost of business. We see that this is a struggle.
Question: if a user has verified their age once, can they then log in with a username and password?
Answer: repeating the age check can reduce the risk of children accessing the service. How often and under what circumstances, it is up to the service provider to work that out.
Neil Brown •
... but services which do want to allow porn (as many fedi instances do) seem to be stuck between a rock and a hard place.
Neil Brown •
Neil Brown •
Neil Brown •
And sure...
But a service provider (part 3) or producer (part 5) has to work out whether content on their service is or is not pornographic, which does require a content-based assessment.
So Ofcom cannot escape a content-centric approach entirely. But I doubt we'll get much guidance in response to questions on this.
Neil Brown •
Part 3: by July 2025
Neil Brown •
Neil Brown •
Neil Brown •
Ofcom: if you allow this kind of content, you must use highly-effective age assurance. Ofcom is a proportionate regulator, and will think about what process you take to implement it, time frames etc., but the Act makes clear that this is now a cost of business. We see that this is a struggle.
Neil Brown •
Neil Brown •
But its own guidance specifically says otherwise.
Neil Brown •
Answer: Ofcom has not certified particular providers, so we did not take a certification approach. We have not said that services must be certified.
It is not the case that being certified is enough either, by the sound of it...
Neil Brown •
Answer: repeating the age check can reduce the risk of children accessing the service. How often and under what circumstances, it is up to the service provider to work that out.
yianiris •
@neil