As you might have read recently, Ofcom, the United Kingdom’s regulatory agency covering the broadcasting, telecommunications and internet sectors, has opened an investigation into whether TikTok is complying with the UK’s Online Safety Act (OSA).
While TikTok is nobody’s idea of a “porn site,” sexually explicit content does get uploaded to TikTok, despite doing so being against both the platform’s terms and conditions and its community guidelines. (Specifically, the TikTok’s community guidelines prohibit “some types of body exposure or sexual behavior, including nudity, sexual activity, sexual services, or any sexually suggestive behavior or significant exposure involving young people.”)
Ofcom, of course, doesn’t particularly care what the TikTok terms say, or what the company’s intent might be in terms of keeping porn off the platform and/or protecting minors from harmful content. For Ofcom, the mere fact a minor canaccess what the agency deems to be “inappropriate” or “harmful” suggests a platform isn’t fully compliant with the OSA.
The big issue here appears to be that while TikTok is doing something to assess the age of users, its methods don’t satisfy the standard as determined by Ofcom.
“Our message to social media companies is clear: those which use age inference models to comply with their child protection duties should switch to other methods listed in our guidance as highly effective without delay,” Ofcom said in an announcement assessing the efficacy of the OSA in the initial months since it became enforceable.
The UK is also mulling the possibility of introducing a social media ban for users under the age of 16. If enacted, clearly this ban will mean ‘mainstream’ platforms like TikTok will need to employ more stringent age verification methods, as Ofcom has made clear that “age inference” models simply won’t cut it.
I suspect what we’re seeing in the UK right now will spread around the globe in the months and years to come, creating a version of the internet quite unlike the one we’ve been using for the last 30+ years. As I see it, where this is headed is universal age verification requirements for all platforms that permit “user generated content” to be uploaded or otherwise published in their ecosystems.
As has been the case with the internet since it first crawled out of the cyber-primordial ooze of the ARPANET, the difficulty in regulating online content boils down to the fact that just about anyone can upload just about anything to any site or platform that allows them to do so.
In the earliest days of my online explorations, message boards and Usenet groups were flooded with dodgy content, from pilfered intellectual property to hate speech and all points in between. There was virtually no regulation (or at least none that clearly applied to this new digital environment) at the time, so for end users it was “surfer beware” out there, effectively.
These days, we’re flooded with regulations, from state and local governments trying to tame the internet as accessed by their citizens to national governments seemingly trying to throw an age-gated blanket over the entire world wide web.
For the people who support these measures, I suppose no amount of inconvenience to adults is unjustified in their quest to protect children online. And while I can understand that perspective, the question is, how far will regulators go to make marginal gains toward their goal?
In the statement published last week, Ofcom noted something that jumped out at me: “Among the minority of online children who attempt to access pornography (8%), the presence of age checks acts as an effective deterrent.”
Previously, Ofcom cited a study which reported that “Twitter was the online platform where young people were most likely to have seen pornography.”
Put those two statements together and you can see where this is heading. If porn sites aren’t where most kids are being exposed to porn, then agencies like Ofcom are going to turn more of their attention to non-adult platforms, like TikTok, X, Snapchat and others of their ilk.
The bottom line, as I read it, is this: If you operate a platform that allows users to upload content, you will eventually be roped in by age verification regulations, whether it’s the OSA being enforced by Ofcom, or one of the other (eventually countless) regulations and agencies cropping up around the world.
There’s one small problem, though. While the web may seem more ‘tamed’ now than it did in the 1990s, the modern internet still has something important in common with its ancestral forms: All it takes to launch a new website or platform is the will to do it and at least one internet-connected device. What gets shut down on Monday morning can be back up later the same morning, albeit at a different IP address.
As such, the government-led game of Whack-A-Mole by law and regulation will continue to aim at moving targets, even as new targets appear in the wake of those they’ve already shot down.
Good luck with your enforcement regime, Ofcom. And good luck to all those platforms who try in good faith to comply with their rules. Meanwhile, cyber criminals will simply continue to dodge the mallet and pop up somewhere else.
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