Ofcom loads fines on 4chan for failing to implement age assurance under OSA

Ofcom has introduced some fresh transatlantic friction into its enforcement efforts, issuing a fine of £450,000 to message board 4chan for “not having age checks in place to prevent children from seeing pornography on its site.”

An additional £50,000 is slapped on top for “not assessing the risk of illegal material appearing on its platform,” and £20,000 is added for good measure, and “for not setting out in its terms of service how it protects people from criminal content.”

Finally, if highly effective age assurance is not in place by April 2, 4chan will face a daily penalty of £500, and additional daily penalties for not fixing the other two infringements of the UK Online Safety Act (OSA).

In summary: Ofcom says 4chan hasn’t implemented age assurance, hasn’t sent in its risk assessment, and hasn’t done anything to clarify its policy on online safety. The regulator will keep issuing fines as long as it has to.

Ofcom Director of Enforcement Suzanne Cater says no one is above UK law. “Companies – wherever they’re based – are not allowed to sell unsafe toys to children in the UK. And society has long protected youngsters from things like alcohol, smoking and gambling. The digital world should be no different. Age checks and risk assessments are cornerstones of our laws, and we’ll take robust enforcement action against firms that fall short.”

4chan responds: ‘U.S.A! U.S.A!’

The key question now is, if a fine falls into a cesspool, will anyone bother to pay it? Among responses to the introduction of the OSA, and commencement of its enforcement, 4chan’s was notable for its belligerence.

The company filed a complaint with a U.S. District Court, claiming that “despite the internet’s global reach, it is more or less universally acknowledged that the internet is, predominantly, an American innovation, built by American citizens, residents, and companies.”

In other words, our daddies own the Internet, so you can’t tell us what to do.

Ofcom would be naive to expect a politer response to its latest fines. Notably, its announcement includes the proviso that, “if a company fails to pay a fine, there are various options open to us for seeking recovery of that debt – including through the courts.” And that “where appropriate, if a provider fails to comply with its safety duties, we can also seek a court order for ‘business disruption measures’, such as requiring payment providers or advertisers to withdraw their services from a platform, or requiring Internet Service Providers to block a site in the UK.”

Ofcom’s data shows that nearly 80 percent of the top 100 pornography sites in the UK now have age checks in place, in compliance with the OSA.

Article Topics

age verification  |  biometric age estimation  |  biometrics  |  Online Safety Act  |  regulation  |  UK age verification