Ofcom has launched an investigation into whether the provider of an online suicide forum has failed to comply with its duties under the Online Safety Act 2023.
This is the first investigation opened into an individual online service provider under the OSA. Specifically, Ofcom is investigating whether this provider has failed to:
- put appropriate safety measures in place to protect its UK users from illegal content and activity;
- complete – and keep a record of – a suitable and sufficient illegal harms risk assessment; and
- adequately respond to a statutory information request.
Due to its sensitive nature, Ofcom has decided not to name the provider and forum. However, the BBC has reported that it has been investigating the same forum and believes it is linked to 50 deaths in the UK.
Legal obligations under the Online Safety Act
Providers of services in scope of the OSA had until 16 March 2025 to assess how likely people in the UK are to encounter illegal content on their service, and how their service could be used to commit or facilitate ‘priority’ criminal offences – including encouraging or assisting suicide.
On 17 March, duties came into force that mean providers must now take steps to protect their UK users from illegal content and activity, including by using proportionate measures to:
- mitigate the risk of their service being used to commit or facilitate a priority offence;
- prevent individuals from encountering priority illegal content; and
- swiftly take down illegal content once they become aware of it.
Ofcom’s codes of practice and guidance set out ways providers can comply with these duties. Providers are also required to respond to all statutory information requests from Ofcom in an accurate, complete and timely way.
Ofcom’s starting point in driving compliance is to give service providers an opportunity to engage with its compliance teams about what they need to do under their new duties. However, failure to comply with the new online safety duties or adequately respond to its information requests may result in enforcement action, and it will not hesitate to take swift action where it suspects there may be serious breaches.
In this case, it says that it has made several attempts to engage with this service provider about its duties under the Act and issued a legally binding request to submit the record of its illegal harms risk assessment to it. Having received a limited response to its request, and unsatisfactory information about the steps being taken to protect UK users from illegal content, Ofcom has therefore launched its investigation. It will now gather and analyse evidence to decide if a contravention has occurred. If its assessment indicates a compliance failure, Ofcom will issue a provisional notice of contravention to the provider, who can then make representations on its findings, before Ofcom makes its final decision.
Ofcom says that it will provide an update on this investigation as soon as possible.
