United Kingdom demands adult content sites to implement "effective" age verification methods.
The United Kingdom has not managed to do so for more than ten years.
The United Kingdom has attempted for over ten years to regulate access to online adult content, but its efforts have often proven fruitless. However, the situation may be in the process of changing, as Ofcom, the UK government’s communications regulator, has finally published its guidance on age verification. Although it is unclear how these guidelines will be implemented, initial steps are being taken.
These new obligations stem from the Online Safety Act of October 2023, which requires services to prevent minors from accessing pornographic content. Ofcom had released a draft of its expectations for services at the end of 2023 and announced that the final guidance will be published in early 2025, indicating that they are on the right track.
Melanie Dawes, the CEO of Ofcom, stated that "for too long, many online services allowing pornographic and harmful material have ignored the fact that children are accessing their platforms." She added that they either do not ask, or, when they do, the checks are minimal and easily circumvented. This has led companies to treat all users as adults, potentially exposing children to inappropriate content. With this new guidance, a significant change is being initiated.
Ofcom has stipulated that all applicable services must determine whether minors could access any part of their content by April 16. That same month, the regulator will publish its Child Protection Codes and guidelines for conducting a risk assessment for minors. Any service anticipated to be used by children must carry out such an assessment by July. Furthermore, they must implement protective measures if minors attempt to access their services, such as age verification. Any platform offering pornography, whether created by the service itself, by users, or through generative artificial intelligence, must introduce strict age verification as soon as possible.
Ofcom has emphasized that "the age verification methods implemented by services must be technically accurate, robust, reliable, and fair to be considered highly effective." Acceptable techniques may include photo ID verification, facial age estimation, digital identity services, and age checks through mobile network operators, among others. Self-declarations as adults and online payments that do not require being over 18 are not valid methods. Pornography must not be visible before or during these checks, although the regulator stresses that services must balance the protection of privacy with the access rights of adult users.
Ofcom will communicate with various services to enforce these requirements and "will not hesitate" to take action or investigate those who ignore their obligations. However, the exact actions to be taken are still unclear, leaving uncertainty about the effectiveness of these regulations.