Ofcom provisionally finds suicide forum in breach of Online Safety Act

Ofcom has today issued its provisional decision against the provider of an online suicide forum in relation to breaches of the UK's Online Safety Act.

As in other industries, companies that provide an online service to people in the UK must comply with UK laws. The Online Safety Act is concerned with protecting people in the UK. It does not require platforms to restrict what people in other countries can see.

Encouraging or assisting suicide is a criminal offence in the UK. Having investigated under the process we are required to follow, and based on available evidence, we have reasonable grounds to believe the provider of this forum has failed to comply with its duties:

• to conduct a suitable and sufficient illegal content risk assessment;
• to use proportionate measures to prevent individuals encountering priority illegal content;
• to use proportionate systems and processes to minimise the length of time priority illegal content is present;
• to swiftly take down illegal content when it becomes aware of it;
• to specify in its terms of service how individuals are to be protected from illegal content; and
• relating to content reporting and complaints procedures in relation to illegal content.

Last year, the forum implemented a 'geoblock' in response to our enforcement proceedings against it, to restrict access by people with UK IP addresses. However, after a period of monitoring the service, we became concerned that the block was ineffective and/or was not consistently maintained, and continued to a provisional breach decision as a result.

The provider of the forum now has 10 working days to respond to our provisional findings, which will be carefully considered before we make our final decision. This is part of the legal process we must follow as part of any investigation.

If we find that a company has broken the law, we can impose a fine and/or directions for the company to comply with its duties. In the most serious cases and where there is ongoing non-compliance, we can make an application to a court seeking an order requiring internet service providers to block access to a site in the UK, known as 'business disruption measures'. Neither Ofcom nor the UK courts have the power to 'close down' a website globally.

If our concerns are not fully addressed, we are prepared to use all the powers available to us, including moving swiftly to making an application for business disruption after the period for making representations on our provisional decision has elapsed.

In a narrow set of cases - for example, in relation to certain children's safety duties - failure to comply with obligations in the Act can also give rise to criminal liability. However, the Act states that criminal proceedings may not be brought if a financial penalty has already been imposed or if a business disruption order has been granted. Therefore, if we impose sanctions, we must either pursue financial penalties and/or business disruption measures, or criminal proceedings if relevant to the case.