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The UK’s internet regulator, Ofcom, has released draft guidelines outlining how pornographic websites must implement age verification measures to comply with the Online Safety Act.
The proposed rules aim to protect children from accessing explicit content online to address concerns raised by research that indicates the average age of children who first encounter online pornography is 13.
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‘Age Assurance’
Under the new Online Safety Act, platforms displaying adult content must ensure that children cannot easily access such material. The regulations mandate the introduction of “age assurance” mechanisms that employ age verification, age estimation, or a combination of both to effectively determine whether a user is a child.
Ofcom’s role is to provide guidance for online pornography services to fulfill their legal responsibilities and hold them accountable for non-compliance.
The draft guidelines set strict criteria for age checks, emphasizing technical accuracy, robustness, reliability, and fairness. Services are expected to balance child protection with safeguarding privacy rights for adults seeking access to legal pornography.
Various methods of age assurance are outlined in the guidance. While technology may evolve, the current list includes open banking, photo identification matching, mobile network operator age checks, credit card checks, and digital identity wallets.
The guidance also suggests age checks that could ask clients to submit their naked faces to webcam assessment so that an AI can calculate whether they look old enough to view adult materials.
Ofcom stressed that weaker age-check methods, such as self-declaration of age, certain online payment methods, and general disclaimers, won’t meet the proposed standards.
Pornographic content should not be visible to users before or during the age-check process, and services must not host or permit content encouraging children to circumvent age controls.
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Ofcom Claims Broad Support
“The vast majority of people (80% on average – 87% of women and 77% of men) are broadly supportive of age assurance on online pornographic sites as a means of protecting children. Women with children are particularly supportive due to concerns about the potential impact of viewing online pornographic content at a young age,” Ofcom said in a statement.
All age assurance methods are subject to UK privacy laws, overseen by the Information Commissioner’s Office (ICO). Services must maintain written records explaining how they protect users’ data, and compliance with the data protection regime is crucial.
Ofcom recommends consulting the ICO’s guidance to understand data protection requirements comprehensively. To prevent undue restrictions on adults accessing legal content, the draft guidance emphasizes the importance of user-friendly and inclusive age assurance, catering to all users’ characteristics and group affiliations.
Online pornography services are expected to collaborate with Ofcom during the finalization of the guidance, and those falling short may face enforcement actions, including potential fines. The final guidance is anticipated to be published in early 2025, with the government implementing these duties afterward.
“Pornography is too readily accessible to children online, and the new online safety laws are clear that must change,” said Dame Melanie Dawes, Ofcom’s Chief Executive.
“Our practical guidance sets out a range of methods for highly effective age checks. We’re clear that weaker methods – such as allowing users to self-declare their age – won’t meet this standard,” she added.
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