Ofcom has decided to fine the image-sharing website IM.GE £20,000 for failing to comply with the Online Safety Act 2023. In particular, the decision relates to failing to comply with two statutory information requests, and Ofcom has decided that it has therefore breached its duty under the Act.
Ofcom started an enforcement programme in March this year to assess whether user-to-user file sharing and storage services are taking appropriate measures to stop image-based child sexual abuse material (‘CSAM’) from appearing on their services. A number of file-sharing/storage sites were issued with Section 100 notices under the act in April, which required them to provide details to assess whether they are in-scope of the Act and if they have measures in place to identify, assess and remove known CSAM from their service. A copy of their illegal content risk assessment was also required.
The provider of IM.GE has failed to respond to the requests and will need to pay the fine, and will also face a daily penalty of £100 if they continue not to comply or respond to requests from Ofcom.
Ofcom also points out that enforcement action does work, as it has revealed that AVS Group Ltd, which was fined £1m by Ofcom has now enabled effective age verification.
“Any company that fails to engage with Ofcom and their duties under the Online Safety Act should expect to face robust enforcement action.
“Porn sites must use highly effective age assurance to protect children. We’ve shown we’ll use our enforcement powers to secure this outcome, and AVS has introduced new age checks after we fined them.”
Suzanne Cater, Director of Enforcement, Ofcom