Ofcom’s Call to Action: Ensuring Porn Sites Comply with Online Safety Regulations

TThe Ofcom regulators, equipped with clipboards, navigated the exhibition space during the International Adult Industry Conference in Prague over the weekend, aiming to motivate 1,700 attendees to adhere to the UK’s newly implemented online safety regulations.

“Be truthful,” a regulator addressed a crowd of porn site operators and staff during a midday seminar discussing the age verification requirements that were set in motion in July as part of the legislative framework for accessing adult content. “Be transparent. If your efforts fall short, include them in the risk assessment.”

Attendees enjoying complimentary champagne offered by conference sponsors posed some uneasy inquiries. What steps should a company take if it lacks the funds for age verification? How hefty are the penalties? Can a site circumvent regulations by blocking traffic from the UK? Were Ofcom officials aware that some site owners might be trying to undermine their competitors by reporting them for non-compliance?

“We are here to assist you,” another Ofcom regulator explained to an audience of around 50 men and seven women. “It’s a challenge. There’s a wealth of information to absorb, but we exist to assist members of the adult industry in achieving compliance.”

Seven weeks following the activation of the online safety law, Ofcom officials seek to portray the adult industry’s response to this legislation in a positive light. They noted that most of the leading 10 and top 100 adult websites have either implemented age verification checks or restricted access within the UK. Platforms like X and Reddit, which feature pornographic content, also provide age verification guarantees. In August, views surged to 7.5 million on the top five age verification websites, up from 1 million in June.

Regulators intend to frame the introduction of age verification on July 27 as a pivotal moment for the industry, dubbing it “AV Day,” when children’s access to British porn would be unequivocally obstructed. The situation, however, is more nuanced.

In the days following the law’s enactment, there was a notable spike in VPN downloads, enabling users to disguise their locations and bypass age verification prompts.

“This development was quite unfortunate,” commented Mike Stabile, director of public policy for the Free Speech Coalition, representing American adult entertainment. He mentioned moving to a location that did not comply and opted for a non-compliant site. “VPN usage has surged. People are not compliant. Traffic is redirecting to piracy sites. I don’t think Ofcom will regard this outcome as what they intended.”

Corey Silverstein, an American attorney representing several companies in the adult industry and who has encountered numerous failed attempts at enforcing age verification laws in the U.S., noted a significant skepticism towards regulators. “While people maintain professionalism and politeness, this is not the most agreeable audience. Some display overt disdain. You can sense the discomfort in participating in an event like this.”

Despite this, he delivered a presentation for site owners, advising them to confront their aversion to regulators and collaborate with Ofcom to implement new guidelines.

“Their intent is not to harm your business. They are quite friendly. They aren’t out to eliminate you,” he stated. “As I understand it, they do not even impose financial fines. Their goal is to guide you towards compliance.”

Ofcom officials were dressed in neatly pressed white shirts, working amid the ambient sounds of steel drums, distributing A4 printed questionnaires while sponsors served cocktails and a troupe of feather-clad dancers entertained attendees.

The paper form, which allowed for anonymous responses, requested representatives to indicate whether they had adopted age verification in the UK and to discuss reasons for inaction regarding non-compliant businesses. By Saturday evening, Ofcom officials noted that an insufficient number of representatives had completed the form but remained hopeful for better participation on Sunday.

Though no fines have yet been issued under the Online Safety Act, Ofcom has initiated 12 investigations into over 60 porn services, including websites and applications.

Updates from these investigations have fueled discontent among adult site proprietors, who are also advocating for stricter regulations in the U.S. and France. Yet, there was some begrudging acknowledgment of Ofcom’s effort to engage with the industry in events and dialogues.

“In the U.S., regulatory bodies often shy away from engaging with us,” remarked Alex Kekeshi, vice president of PornHub’s brand and community. “I appreciate Ofcom’s invitation to the table. Such engagement is often overlooked in discussions on industry regulations.”

Before July 27, Ofcom established a specialized porn portfolio team consisting of six compliance officers to encourage businesses to meet regulatory standards. These team members requested anonymity due to conservative reasons but participated in similar discussions in Berlin, Amsterdam, and LA. Additionally, a larger team of over 40 staff members is focused on investigating organizations that fail to comply.

“We are acutely aware of the industry’s scale and the ease of establishing services for distributing pornographic content indiscriminately,” one regulator remarked. “We are not claiming to lead every service towards compliance; our strategy is to allocate resources where children face the highest risk of harm.” When penalties are applied, they are designed with a deterrent effect, potentially reaching up to £18 million or 10% of global revenue.

“Companies can opt not to risk being pursued by us or facing penalties. We aim to shift the incentive balance so that compliance is deemed less risky.”

Another Ofcom representative avoided commenting on the increase in VPN downloads, asserting that the law’s purpose is to prevent children from inadvertently encountering pornographic content (rather than going after those who deliberately seek it).

In their bid to comply with the new age verification requirements, site owners are also addressing the challenges posed by AI-generated content, urging users to engage of Ofcom’s attention and seeking to prevent companies like Visa and MasterCard from processing payments linked to violent and illegal content. Sites and applications featuring AI-generated pornography also fall under the scope of this legislation.

“How can we distinguish between a 15-year-old AI model and one that represents an 18- or 19-year-old within compliance frameworks?” one attendee questioned, expressing concerns about the potential for AI to inadvertently generate child sexual abuse material.

Steve Jones, who operates an AI porn site, stressed that AI systems need to be programmed to acknowledge what is deemed inappropriate. “We must ensure that depictions are not too youthful or flat. We will disallow pigtails, braces, and toys typically associated with children,” he stated. “AI lacks the ability to differentiate between youthful-looking adults and minors. It’s crucial to teach these distinctions.”