UK Safer Internet Centre welcomes the enforcement of Ofcom’s Illegal Harms Codes but there are still significant gaps to address

The UK Safer Internet Centre welcomes Ofcom’s enforcement on the Illegal Harms Codes, marking a significant milestone in protecting individuals—including children—from illegal harms online. With the enforcement of these new requirements, online providers who are in scope of the Online Safety Act are now mandated to proactively safeguard their users, embedding safety by design into their platforms and ensuring they are protecting their users from illegal material online. Despite this, there are still significant gaps and concerns around enforcement of the codes. Read our response to the Ofcom Illegal Harms Codes.  

The Online Safety Act, which passed in October 2023, set the foundation for how the UK will work towards keeping users protected online. Now, Ofcom’s Illegal Harm Code means that online service providers must assess and mitigate risks related to illegal content and activities to tackle issues such as hate speech, terrorism, fraud, and child sexual exploitation.

Providers have been asked to provide thorough risk assessments and adhere to the safety measures outlined in the Code. Ofcom has now made it clear that enforcement action has started and consequences will follow if companies fail to act responsibly. Additional codes will be published in due course.

Before the Illegal Harms Codes were enforced, the UKSIC responded to Ofcom’s consultation, advocating for stronger protections in key areas. We called for stronger protections against intimate image abuse including mandatory adoption of StopNCII.org’s hashing technology to prevent NCII. In terms of accountability, we questioned the reliance on corporate self-assessment and urged for external auditing and stricter classification of large platforms whilst also calling for an independent appeals process for content moderation decisions, similar to those in Australia, New Zealand, and Ireland.

Now the codes have come into force, Ofcom have introduced several critical measures to enhance protections online, including:

1. Risk Management and Accountability

Online platforms must prioritise managing the risks of illegal harm. Every provider must name a senior individual responsible for overseeing compliance with these regulations. This is to ensure strict accountability in addressing harmful content.

2. Robust Protections Against Illegal Content

Providers are required to remove illegal content promptly and maintain well-trained content moderation teams. Additionally, reporting and complaints functions must be clear and accessible, enabling users to easily report harmful material.

3. Protecting Children from Online Exploitation

Children are among the most vulnerable internet users, and the new Codes introduce stronger protections against online grooming and child sexual abuse material (CSAM). Key measures include:

– Ensuring children’s profiles and locations remain private by default.
– Restricting direct messaging from non-associated accounts.
– Requiring platforms in scope to introduce hash matching technology to detect and prevent CSAM distribution. You can read the IWF’s full statement about the protections against CSAM here.

4. Tackling Online Fraud

Fraudulent activity continues to cause financial and emotional distress to millions of users online. Under the new Codes, providers must establish dedicated reporting channels for organisations with fraud expertise, allowing swift identification and response to online scams.

5. Addressing Harms Targeting Women and Girls

Women and girls are disproportionately affected by online harms, including cyberflashing, stalking, and intimate image abuse. The new Codes ensure that users can block and mute harassers, while also requiring swift removal of non-consensual intimate images, often referred to as “revenge porn.” Providers must also take action against organised criminals coercing women into exploitative situations.

6. Stronger Enforcement and Penalties

To ensure compliance, Ofcom has been granted substantial enforcement powers. Providers who fail to meet their obligations could face fines of up to £18 million or 10% of their global revenue, whichever is greater. In severe cases, Ofcom may even seek court orders to block non-compliant services in the UK.

While the Codes mark an important step forward, the UK Safer Internet Centre is disappointed that several crucial areas have still not been adequately addressed. Whilst we recognise that some of these areas may not be addressed within the illegal harms codes, we stress the importance of their inclusion within political discussions to strengthen legislation.

Non-Consensual Intimate Imagery (NCII): We are disappointed that the law has not addressed making NCII content illegal. The requirement for platforms to action the swift removal of content does not go far enough – we should attack this harm from the source and make NCII content illegal in the same way as child sexual abuse material.

Alternative Dispute Resolution: If users are unable to get the support that they need when reporting content through an online platform, it is crucial that adults and children are given the right to redress, particularly in light of the repealing of the VSP regulation in March 2025.

Effective Media Literacy: Ensuring that children, adults, and professionals are effectively educated around media literacy whilst supporting their digital development is vital to fostering an informed society that understands the importance of staying safe online.

Youth Voice: The voices of young people must be reflected at all levels to ensure the implementation of effective and youth-centric solutions. We are preparing the foundations for their future and it is imperative that their voices are included.

StopNCII.org Effective Deployment: StopNCII.org should be included as a mandatory measure to tackle Intimate Image Abuse through hash matching technology, similar to the existing CSAM recommendations.

Speed, Breadth and Efficacy of Ofcom: It is essential that Ofcom challenges the industry in an expedient and robust manner, using its information, business disruption, and enforcement powers to ensure swift, meaningful and responsive action. It is also essential that smaller platforms are not forgotten within this enforcement and those who are not following the codes are penalised in the same way as larger scale organisations.
 
The UK Safer Internet Centre stands ready to support this period of enforcement and change. By embedding these safety measures into the fabric of our digital landscape, the UK is setting a global standard for good practice which is something we should celebrate. We welcome this initiative and hope that Ofcom demonstrates strength towards this enforcement. We encourage the UK Government and Ofcom to continue to review their approach and continue to include further protections and respond to these significant gaps in order to protect even more individuals online.