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- May 1, 2024
- 309
"Ofcom update: Online suicide forum investigation and review of enforcement powers
Forum has made changes that block access for vast majority of UK users
• Further changes to site would impact global users, which is beyond UK jurisdiction
• This means there are no further legal routes currently available under Online Safety Act, including applying for court-ordered block
• We will closely monitor forum to check geoblock remains in place
• Ofcom and Government working to consider areas for strengthening enforcement powers
Changes made by a suicide forum located outside the UK to block access to people in the UK are the fullest extent of what can be achieved under the Online Safety Act, Ofcom has announced today.
Our enforcement action has directly resulted in this forum blocking access to people in the UK and all possible legal routes under the Act have now been exhausted.
We are working with Government to consider whether there are areas where our powers can be strengthened as part of our wider review of enforcement under the Act. In particular, we will review our powers relating to 'business disruption measures' – through which we can apply for a court order requiring internet service providers to block access to a site in the UK.
Suicide forum linked with UK deaths
The forum – reportedly linked with over 130 deaths in the UK[1] – was the first service to be investigated by Ofcom under the UK's online safety laws last year. It has been cited in multiple coroners' reports regarding the deaths of UK citizens.
Based on the evidence gathered during the course of our investigation, we found that illegal suicide content is present on the forum and has been consistently during our investigation. This includes instructional 'guides' and threads detailing different methods of suicide, some of which have been present on the site for years.
Many of these have been either pinned or reposted by the provider itself, demonstrating that it is aware of this content.
Ofcom's investigation
In May, we found the forum's provider in breach of its duties under the UK's online safety laws, because it had not taken proportionate measures to prevent UK users from encountering illegal content that intentionally encourages or assists suicide.
Although the forum previously made several changes as a result of Ofcom's enforcement action to restrict access to people in the UK – known as a 'geoblock' – we found they were not effective or consistently applied.[2]
We therefore fined the forum's provider £950,000 and directed it to come into compliance. We also advised it that we were preparing to apply for a court order to prevent access to the site in the UK in the event our concerns were not addressed.
Changes made by the forum
Since then, the forum has made a further change to its geoblock which addressed an issue we had raised with it, whereby registered UK users could still log in without a VPN. The forum has now closed this route with the effect that the vast majority of UK users who do not use a VPN to mask their country location are now no longer able to access the site.
We recognise that geoblocks do not fully eliminate all risk of harm, especially for individuals who choose to access sites through VPNs and use them to mask their country location. We are also aware of a very small number of existing registered users of the forum who, for technical reasons that do not appear linked to the provider's implementation of the geoblock, are still able to access the site from the UK without using a VPN.
However, for the vast majority of UK users, the forum is no longer accessible.
All powers exhausted
We have not identified any additional changes the provider should make that would materially further block access to people in the UK without impacting users globally.
The Online Safety Act only extends to the design, operation and use of a service in the UK or as it affects UK users – we cannot regulate worldwide use of platforms. The legal grounds are therefore not met to ask a court to require internet service providers to block UK access to the site.
For Ofcom to be able to apply to a court for business disruption measures, it is not enough to show that a site poses a significant risk of harm to people in the UK – there has to be ongoing non-compliance as well. We do not have the legal powers to apply for a business disruption order for failure to pay a fine alone.
Ofcom considered applying for a 'conditional order' – essentially a pre-emptive court order that would become effective automatically in the event a site removes its geoblock – but the Act does not provide a mechanism to do so. And neither Ofcom nor the UK courts have the power through the business disruption measure process to 'shut down' a website globally.
While, in a narrow set of circumstances, failure to comply with obligations in the Act can give rise to criminal liability, this is not one of them and we cannot pursue criminal proceedings in this case.
This means all possible legal routes under the Act have now been exhausted.
We will continue to closely monitor whether this forum is being made available for users in the UK as a priority, to check the geoblock remains in place. Should this not remain the case, we will take rapid action.
Suzanne Cater, Director of Enforcement at Ofcom, said: "This nihilistic suicide forum, and the predators who use it to prey on some of the most vulnerable people in our society, have devastated lives and inflicted immeasurable heartbreak.
"We have the utmost respect for the tireless efforts of bereaved families seeking justice and better protections for others, and we're grateful for their help during our investigation.
"We've used the powers we've been granted to the fullest extent possible, which has resulted in blocking this site for the vast majority of users in the UK. We recognise this may not bring closure for bereaved families but it will help protect people in the UK in the future. We'll continue to monitor the forum closely to check the geoblock remains in place."
Additional action taken to protect UK users
Tackling the devastating harm caused by this forum requires a coordinated effort from law enforcement, policy-makers, regulators and companies across the tech industry. We have been exploring a number of options to protect people in the UK.
Following our investigation, major search engines have removed links to this forum.
In addition, we have been working with UK internet service providers (ISPs) to make clear that our net neutrality guidance does not prevent them from including suicide material in their content filters. We have written to the relevant ISPs today to confirm this.
Review of enforcement powers
We can only take action using the powers we have been granted and any changes to these powers would be a matter for Government and Parliament.
We are working with Government to consider whether the business disruption powers can be strengthened to make them more effective and deployable, while maintaining robust safeguards to ensure they continue to afford the right protection of freedom of expression and other fundamental rights.
Unpaid fine
This suicide forum had until 12 June to pay its fine, and we have not received payment. If a company fails to pay a fine, we will pursue recovery of that debt wherever possible, regardless of where the firm is based. The steps for this recovery action vary depending on where in the world the company has assets.
If it has assets in the UK – as the biggest tech companies typically do – the process is relatively straightforward. It would usually involve going through UK courts to seek judgments and orders for bailiffs to seize and sell UK assets in order to satisfy a debt.
If a company does not have assets in the UK, the process is more complex. It may involve engaging enforcement agencies and private specialists in other countries, and can depend on whether a court in another country will recognise a UK judgment, and whether we can identify individuals on whom we can serve proceedings.
The suicide forum's provider is based in the US, and we have initiated work regarding the pursuit of this debt, as we have done with all companies that have not paid their fines by their deadlines.
We have published more information on what we can do – and are doing – more broadly to pursue recovery of unpaid fines here.
Notes to editors:
Forum has made changes that block access for vast majority of UK users
• Further changes to site would impact global users, which is beyond UK jurisdiction
• This means there are no further legal routes currently available under Online Safety Act, including applying for court-ordered block
• We will closely monitor forum to check geoblock remains in place
• Ofcom and Government working to consider areas for strengthening enforcement powers
Changes made by a suicide forum located outside the UK to block access to people in the UK are the fullest extent of what can be achieved under the Online Safety Act, Ofcom has announced today.
Our enforcement action has directly resulted in this forum blocking access to people in the UK and all possible legal routes under the Act have now been exhausted.
We are working with Government to consider whether there are areas where our powers can be strengthened as part of our wider review of enforcement under the Act. In particular, we will review our powers relating to 'business disruption measures' – through which we can apply for a court order requiring internet service providers to block access to a site in the UK.
Suicide forum linked with UK deaths
The forum – reportedly linked with over 130 deaths in the UK[1] – was the first service to be investigated by Ofcom under the UK's online safety laws last year. It has been cited in multiple coroners' reports regarding the deaths of UK citizens.
Based on the evidence gathered during the course of our investigation, we found that illegal suicide content is present on the forum and has been consistently during our investigation. This includes instructional 'guides' and threads detailing different methods of suicide, some of which have been present on the site for years.
Many of these have been either pinned or reposted by the provider itself, demonstrating that it is aware of this content.
Ofcom's investigation
In May, we found the forum's provider in breach of its duties under the UK's online safety laws, because it had not taken proportionate measures to prevent UK users from encountering illegal content that intentionally encourages or assists suicide.
Although the forum previously made several changes as a result of Ofcom's enforcement action to restrict access to people in the UK – known as a 'geoblock' – we found they were not effective or consistently applied.[2]
We therefore fined the forum's provider £950,000 and directed it to come into compliance. We also advised it that we were preparing to apply for a court order to prevent access to the site in the UK in the event our concerns were not addressed.
Changes made by the forum
Since then, the forum has made a further change to its geoblock which addressed an issue we had raised with it, whereby registered UK users could still log in without a VPN. The forum has now closed this route with the effect that the vast majority of UK users who do not use a VPN to mask their country location are now no longer able to access the site.
We recognise that geoblocks do not fully eliminate all risk of harm, especially for individuals who choose to access sites through VPNs and use them to mask their country location. We are also aware of a very small number of existing registered users of the forum who, for technical reasons that do not appear linked to the provider's implementation of the geoblock, are still able to access the site from the UK without using a VPN.
However, for the vast majority of UK users, the forum is no longer accessible.
All powers exhausted
We have not identified any additional changes the provider should make that would materially further block access to people in the UK without impacting users globally.
The Online Safety Act only extends to the design, operation and use of a service in the UK or as it affects UK users – we cannot regulate worldwide use of platforms. The legal grounds are therefore not met to ask a court to require internet service providers to block UK access to the site.
For Ofcom to be able to apply to a court for business disruption measures, it is not enough to show that a site poses a significant risk of harm to people in the UK – there has to be ongoing non-compliance as well. We do not have the legal powers to apply for a business disruption order for failure to pay a fine alone.
Ofcom considered applying for a 'conditional order' – essentially a pre-emptive court order that would become effective automatically in the event a site removes its geoblock – but the Act does not provide a mechanism to do so. And neither Ofcom nor the UK courts have the power through the business disruption measure process to 'shut down' a website globally.
While, in a narrow set of circumstances, failure to comply with obligations in the Act can give rise to criminal liability, this is not one of them and we cannot pursue criminal proceedings in this case.
This means all possible legal routes under the Act have now been exhausted.
We will continue to closely monitor whether this forum is being made available for users in the UK as a priority, to check the geoblock remains in place. Should this not remain the case, we will take rapid action.
Suzanne Cater, Director of Enforcement at Ofcom, said: "This nihilistic suicide forum, and the predators who use it to prey on some of the most vulnerable people in our society, have devastated lives and inflicted immeasurable heartbreak.
"We have the utmost respect for the tireless efforts of bereaved families seeking justice and better protections for others, and we're grateful for their help during our investigation.
"We've used the powers we've been granted to the fullest extent possible, which has resulted in blocking this site for the vast majority of users in the UK. We recognise this may not bring closure for bereaved families but it will help protect people in the UK in the future. We'll continue to monitor the forum closely to check the geoblock remains in place."
Additional action taken to protect UK users
Tackling the devastating harm caused by this forum requires a coordinated effort from law enforcement, policy-makers, regulators and companies across the tech industry. We have been exploring a number of options to protect people in the UK.
Following our investigation, major search engines have removed links to this forum.
In addition, we have been working with UK internet service providers (ISPs) to make clear that our net neutrality guidance does not prevent them from including suicide material in their content filters. We have written to the relevant ISPs today to confirm this.
Review of enforcement powers
We can only take action using the powers we have been granted and any changes to these powers would be a matter for Government and Parliament.
We are working with Government to consider whether the business disruption powers can be strengthened to make them more effective and deployable, while maintaining robust safeguards to ensure they continue to afford the right protection of freedom of expression and other fundamental rights.
Unpaid fine
This suicide forum had until 12 June to pay its fine, and we have not received payment. If a company fails to pay a fine, we will pursue recovery of that debt wherever possible, regardless of where the firm is based. The steps for this recovery action vary depending on where in the world the company has assets.
If it has assets in the UK – as the biggest tech companies typically do – the process is relatively straightforward. It would usually involve going through UK courts to seek judgments and orders for bailiffs to seize and sell UK assets in order to satisfy a debt.
If a company does not have assets in the UK, the process is more complex. It may involve engaging enforcement agencies and private specialists in other countries, and can depend on whether a court in another country will recognise a UK judgment, and whether we can identify individuals on whom we can serve proceedings.
The suicide forum's provider is based in the US, and we have initiated work regarding the pursuit of this debt, as we have done with all companies that have not paid their fines by their deadlines.
We have published more information on what we can do – and are doing – more broadly to pursue recovery of unpaid fines here.
Notes to editors:
- Molly Rose Foundation
- We have always been clear that providers can choose to prevent people in the UK from accessing their sites, such as by restricting access from UK IP addresses – known as a 'geoblock' – instead of putting safety measures in place to protect UK users."
