From Shadows to Spotlight: Ofcom Targets 4chan and File Sharing Networks

This week, Ofcom has launched nine new investigations into online service providers, assessing whether they have failed to comply with their duties under the Online Safety Act (OSA). The investigations are primarily focused on Ofcom's priorities under its OSA enforcement programmes and relate to: 

• Seven file sharing services, regarding the possible sharing of child sexual abuse material;  
• Adult-content provider, First Time Videos LLC, regarding whether it has effective age assurance measures in place; and 
• 4chan, the online discussion board, regarding complaints received about potential illegal content and activity.  

As part of the investigations into the file sharing services and 4chan, which are now formal investigations under the OSA, Ofcom will consider whether the providers of these services have failed to: 

• complete – and keep a record of – a suitable and sufficient illegal harms risk assessment;  
• put appropriate safety measures in place to protect UK users from illegal content and activity; and 
• respond to a statutory information request. 

This latest move by Ofcom marks an expansion in the types of providers being targeted by Ofcom. To date, adult-content providers have been the subject of nearly all investigations instigated by Ofcom under the OSA (see our articles here and here for further information). However, seven of these nine new investigations relate to file-sharing organisations, which are not considered high profile websites. This is perhaps not surprising given the specific enforcement programme launched by Ofcom back in March to assess the measures being taken by file sharing and storage sites to prevent the sharing of child sexual abuse material.

4chan is an online discussion board, known for allowing users to post anonymously, and has been subject to controversy in the past following certain ‘pranks’ and harassment posted by its users.  

It will be interesting to see how Ofcom’s investigations progress and whether it continues to focus its enforcement activity on relatively unknown adult content and file-sharing sites. Certainly, at this stage we are yet to see any action against large, household name platforms, perhaps because Ofcom is still wading through their hundreds of pages worth of risk assessments. What is clear is that Ofcom is a regulator that means business and that we will no doubt see plenty more investigations launched in the coming weeks and months. 

For more information and resources on online safety, take a look at our dedicated OSA hub, The Safety Net.