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Online safety legislation soldiers on in EU, despite US pushback

Expert panel to look at further measures, Ireland to push issue during EU presidency
Categories Age Assurance  |  Biometrics News
Online safety legislation soldiers on in EU, despite US pushback
 

The legislation of age restrictions for social media platforms could be a major point of conflict in 2026. The U.S. administration has been vocal, not to say belligerent, in its opposition to regulations in Europe, the UK and Australia that affect Silicon Valley titans like Meta and X. Last week, it threatened to hold Australia’s eSafety Commissioner, U.S./Australian citizen Julie Inman Grant, in contempt of U.S. law should she fail to appear before Congress within a fortnight to answer for her alleged crimes against free speech.

But lawmakers continue to consolidate regulatory efforts nonetheless, risking further ire from the Trump Administration. According to MLex, the EU is planning to form an expert advisory panel to focus on “potential additional restrictions and rules aimed at protecting minors online.” The piece quotes a European Commission spokesperson, who says the panel should begin work early in 2026.

One issue on the table will be social media regulation in line with Australia’s law prohibiting kids under 16 from using select social platforms. The EU has also seen talk of a digital age of majority across the bloc, which could also land on the panel’s agenda.

Ireland, too, is pushing ahead with the conversation about children’s online safety. A release from the Minister for Culture, Communications and Sport, Patrick O’ Donovan, says regulator Coimisiún na Meán has made “great progress” in implementing Ireland’s online safety framework.

“Now, we must ensure that the measures that have been put in place are as effective as possible, and the key to this will be the introduction of a robust and secure age verification tool. It is a vital part of the picture in terms of providing real assurance that children are the age they claim to be and to ensure they are not exposed to harmful or illegal content.”

Ireland assumes the presidency of the EU in 2026, and has promised to prioritize the issue.

Is Ofcom a shark without teeth?

Meanwhile in the UK, there is continued criticism of the pace at which regulator Ofcom has flexed its muscles in enforcing the Online Safety Act (OSA). Ofcom has steadily issued fines since it adopted the enforcement role; its most recent, a 1 million pound (1.3 million dollar) fine against adult content network operator AVS Group, is the largest to date.

But if a fine gets thrown into a forest, is anyone forced to pay it? AVS has reportedly implemented age assurance (with improved liveness!) on most of its sites since the fine, suggesting that it is working toward compliance. For biometric services, it has enlisted AgeVerif, a Portugal-based firm certified by the UK Age Check Certification Scheme to provide “highly effective age assurance,” per Ofcom’s requirements.

Some, however, believe that fines will never be enough, and that direct action is the only guaranteed route to compliance. Ofcom’s enforcement mandate includes “business disruption measures” for continued infringements, including service restrictions on payment providers, advertising networks and search engines, and restrictions on app stores. Ultimately, it can appeal to the courts to block sites, if it deemed is appropriate and proportionate for preventing significant harm to people in the UK.

MLex quotes Iain Corby, executive director of the Age Verification Providers Association (AVPA), who is among those pushing for disruptive measures. He believes they are “the only thing that’s ever going to work.”

“For a company that’s completely ignoring Ofcom, I don’t see why there’s any reason, having ticked the box to say they’ve now issued the fine, that they don’t quickly move on to blocking AVS sites,” Corby says.

Ofcom, for its part, says blocking any site would be a “significant regulatory intervention, and applications would not be made routinely or lightly.”

At stake is not just a few porn sites, but Ofcom’s credibility as an enforcer. The specter of U.S. influence looms, and while no one would admit to caving in the face of threats, Ofcom also does presumably not want to pick a fight with a hostile superpower.

A representative tells MLex that, having received some shoddy paperwork from AVS Group, the UK regulator has “ordered reassessments.”

It is, in the parlance, weak sauce – and more fuel for fears that Ofcom’s enforcement regime could end up as nothing more than a big wagging finger with no claws to speak of.

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