Ofcom has opened an investigation into My Media World Ltd, in respect of the video-sharing platform service Onevsp (previously known as Brand New Tube). The investigation will consider My Media World Ltd’s compliance with its statutory obligations as the provider of a VSP service under Part 4B of the Communications Act 2003.
Part 4B of the Act came into force on 1 November 2020 and sets out the statutory framework for the regulation of VSPs. A VSP provider must take and implement such of the measures set out in Schedule 15A of the Act as are appropriate for protecting:
- persons under the age of 18 from videos containing “restricted material” which includes pornographic material and other material that might impair their physical, mental or moral development; and
- the public from “relevant harmful material” which includes material that is likely to incite violence or hatred, or material that would amount to a criminal offence under laws relating to terrorism, child sexual exploitation and abuse, and racism and xenophobia.
Schedule 15A lists, amongst other measures, the inclusion of terms and conditions to the effect that:
- if a person uploads a video to the service that contains any restricted material that the person must bring it to the attention of the service provider; and
- that a person must not upload a video to the service that contains relevant harmful material.
- Where providers of VSP services take a Schedule 15A measure, they are required to implement it in such a way as to achieve the purpose or purposes for which the measure is appropriate.
Ofcom has concerns about the implementation and effectiveness of Onevsp’s terms of use. The investigation will therefore examine whether there are reasonable grounds for believing that My Media World has failed to take and/or implement such of the Schedule 15A measures as are appropriate to protect its users from relevant harmful material and/or under 18s from restricted material.
Ofcom will gather further information and publish an update on its investigation in due course.
