Ofcom is investigating whether the provider of a suicide forum has failed to comply with its duties under the Online Safety Act.
It’s the first investigation into an individual service provider under the new laws.
The act was passed in 2023 and requires firms to reduce illegal and harmful content, but its protections are only just taking effect through Ofcom codes of practice.
The watchdog said it was looking at whether the forum failed to have appropriate measures to protect users from illegal content and how it could be used to commit or facilitate “priority” offences, including encouraging or assisting suicide.
The provider and forum have not been named.
Ofcom said it had tried to engage with the provider and issued a legally binding request to submit the record of its illegal harms risk assessment.
However, it said it had received a “limited response” and “unsatisfactory information about the steps being taken to protect UK users from illegal content”.
On 17 March, duties came into force meaning providers must protect UK users from illegal content and activity, including proportionate measures to:
• Mitigate the risk of their service being used to commit or facilitate a priority offence
• Prevent individuals from encountering priority illegal content
• Swiftly take down illegal content once they are aware of it
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Encouraging or assisting a suicide in England and Wales can lead to up to 14 years in prison.
If online providers refuse to engage with Ofcom over systemic concerns, it can issue fines of up to 10% of a company’s global revenue and carry out “business disruption measures”.
It raises the possibility of huge penalties for the big players in social media, such as Instagram and Facebook owner Meta.
:: Anyone feeling emotionally distressed or suicidal can call Samaritans for help on 116 123 or email [email protected] in the UK. In the US, call the Samaritans branch in your area or 1 (800) 273-TALK.
