Jamie Susskind, Raphael Hogarth and Rita Dias advise Ofcom on enforcement against suicide forum under Online Safety Act 2023

Cases

Ofcom has announced that it has fined the provider of an online suicide forum £950,000 for not complying with its duties under the Online Safety Act 2023 (OSA) to protect people in the UK from illegal content. Due to the nature of the website, Ofcom has not named the forum or its provider. The service was the first to be investigated by Ofcom under the OSA, and has been cited in multiple coroners’ reports regarding the deaths of UK citizens. 

Ofcom has found breaches of the duties to: conduct a suitable and sufficient illegal content risk assessment, use proportionate measures to prevent individuals encountering priority illegal content, use proportionate systems and processes to minimise the length of time priority illegal content is present, swiftly take down illegal content when the service provider becomes aware of it, specify in the terms of service how individuals are to be protected from illegal content, and operate content reporting and complaints procedures in relation to illegal content.

Ofcom’s announcement is here. The regulator has stated that it intends to publish a non-confidential version of the decision in due course. 

Jamie Susskind, Raphael Hogarth and Rita Dias advised Ofcom on the case.