Ofcom Unveils Draft Guidance for Online Safety Act: Protecting Women and Girls Online
Introduction
The United Kingdom’s internet safety regulator, Ofcom, has released a new draft guidance as part of its ongoing implementation of the Online Safety Act (OSA). This set of recommendations aims to assist in-scope firms in meeting their legal obligations to safeguard women and girls from various online threats, including harassment, bullying, misogyny, and intimate image abuse.
Protecting Women and Girls: A Priority
The UK government has emphasized the importance of protecting women and girls as a key priority in the implementation of the OSA. Certain forms of misogynistic abuse, such as sharing intimate images without consent or using AI tools to create deepfake porn, are specifically designated as enforcement priorities under the law.
Criticism and Frustration
Despite the substantial penalties for non-compliance, including fines of up to 10% of global annual turnover, the Online Safety Act has faced criticism that it may not be adequate to reform platform giants. Child safety campaigners have also expressed concerns about the slow pace of implementation and doubts about its effectiveness.
Ofcom’s Approach
Ofcom has faced discontent around the OSA, particularly due to the extensive lead time for compliance guidance. However, the government has maintained its approach. Part of this discontent stems from the extended implementation period, requiring parliamentary approval of Ofcom’s compliance guidance.
Enforcement Timeline
While enforcement is expected to commence soon for core requirements related to illegal content and child protection, aspects of OSA compliance, including the latest guidance on women’s safety, will take longer to implement. Ofcom acknowledges that this guidance will not become fully enforceable until 2027 or later.
Complementing Existing Guidance
The new draft guidance on female safety online is intended to supplement Ofcom’s earlier guidance on illegal content, which also provides recommendations for protecting minors from exposure to adult content online. Ofcom has also developed a Children’s Safety Code, recommending age checks and content filtering for online services.
Areas of Concern
The latest set of guidance emphasizes four major areas where women are disproportionately affected by online harm:
- Online misogyny
- Pile-ons and online harassment
- Online domestic abuse
- Intimate image abuse
Recommendations
Ofcom’s top recommendation is for in-scope services and platforms to adopt a "safety by design" approach. This involves taking a holistic view of user experience and prioritizing the safety of women and girls.
Examples of Good Practices
Ofcom highlights examples of industry best practices, such as:
- Implementing trust and safety measures, including dedicated reporting channels
- Providing tools for users to manage their online interactions and privacy
- Collaborating with victim support organizations
Identifying Compliance
Ofcom has yet to identify any services currently meeting the guidance’s standards, indicating that significant work remains for the industry.
Addressing Industry Shift
In response to recent developments, such as the reduction of trust and safety personnel at Twitter under Elon Musk, Ofcom plans to use its transparency and information-gathering powers to illuminate potential impacts and raise user awareness.
Enforcement Approach
Ofcom’s initial enforcement approach will focus on eliciting improved performance through transparency and information-sharing. The regulator will produce reports highlighting platforms’ compliance efforts and the outcomes achieved for women and girls.
Enhanced Measures for Intimate Image Abuse
Ofcom has strengthened its recommendations on intimate image abuse, suggesting the use of hash matching technology to detect and remove such imagery. This is due to a substantial increase in reports of deepfake intimate image abuse.
Consultation and Implementation
The draft guidance is open for public consultation until May 23, 2025. Ofcom will produce final guidance by the end of the year. The regulator’s first report on industry practices is expected in 2027.
Addressing Criticism
Responding to criticism about the lengthy implementation period, Ofcom emphasizes the importance of consultation and due diligence. However, with the initial enforcement phase commencing next month, the regulator anticipates a shift in the conversation and a focus on tangible progress in reducing online harms.
