(Bloomberg) — New rules from the UK’s communications regulator are set to challenge the way Elon Musk’s X platform and others handle age verification and pornographic content on their platforms.
Ofcom on Thursday is set to unveil the final draft of its children’s safety codes designed to ensure that UK users under the age of 18 are protected from viewing certain kinds of harmful content. According to guidance already set out, the rules will require services such as X to prevent children from seeing pornography as well as suicide and self-harm content by implementing “highly effective” age checks no later than July.
X is unique among mainstream social networks in that it allows users to post content that includes nudity and sexual behavior. Rivals such as Meta Platforms Inc.’s Facebook and Instagram explicitly ban pornographic material. While X says that it restricts this type of content to users who say they’re over 18, there aren’t additional checks that would prevent someone from misrepresenting their age.
Ofcom suggests platforms verify ages by checking with banks or mobile network operators, or using photo-ID matching or facial-age-estimating software.
A representative for X didn’t immediately respond to a request for comment. Musk has said repeatedly that he believes X should allow all content as long as it’s lawful. X blocks users who list their age as under 18 or who haven’t provided a birth date from viewing adult content, according to the company’s policy. It also allows adult users to opt out of seeing the posts.
A spokesperson for Ofcom said that the new measures “will go beyond current industry standards and lead to children living safer lives online. If we do not see meaningful changes from industry, companies can expect enforcement action.”
Musk and the Trump administration have also clashed with the European Union’s rules on content moderation. The EU is investigating X for violations of the Digital Service Act, which also requires platforms to tackle illegal content and disinformation. Musk has previously said on X that he will fight a DSA fine through “a very public battle in court.”
Ofcom’s child safety measures are part of the Online Safety Act, a broader clampdown on digital abuse, fraud and “harmful content.”
Platforms — including social networks, search engines and video games — will be obligated under the rules to conduct broad assessments of the potential risks that their services pose to children. Any app or site not in compliance with the measures could be subject to enforcement action, including fines and court orders that would prevent them from being accessed in the UK.
The Online Safety Act came into force at the end of 2023, but the scope of the act means that regulations are being rolled out on an ongoing basis. Ofcom has already launched a number of enforcement actions since this process begun.
“The major point is that now platforms will have to build with safety in mind,” said Lina Ghazal, head of regulatory and public affairs at Verifymy, an identity verification service.
In addition to age checks, a draft list of measures released in May 2024 advised firms to use new moderation services that would target content that’s harmful to children. It also suggested providing minors with the option to reject invitations to group chats.
Regulators trying to increase moderation on some areas of the internet increasingly have come into conflict with politicians and influencers who decry such efforts as impeding free speech. Some sites known for hosting conspiracies and coordinated harassment campaigns have recently chosen to exit the UK rather than comply with Ofcom’s latest changes.
Gab, one of the sites used to plan the Jan. 6, 2021 attack on the US Capitol, is broadcasting a message saying it will shut down in Britain in the face of “unacceptable legal and compliance risks.” Kiwi Farms, a haven for organizing so-called swatting attacks, and Bitchute, which hosts incendiary videos, have also signaled they will cease operations in the UK amid the rules.
“Despite our best efforts to navigate these challenges, the uncertainty surrounding the OSA’s enforcement by Ofcom and its far-reaching implications leaves us no viable alternative but to cease normal operations in the UK,” said the statement on Gab’s website.
Musk repeatedly criticized UK authorities last year amid a series of violent demonstrations through the country that were caused in part by the spread of online misinformation. Officials prosecuted people in Britain for posting hateful speech around the riots, which began after a deadly stabbing attack in Southport, England. US Vice President JD Vance echoed Musk’s sentiments during a February meeting with UK Prime Minister Keir Starmer.
Those riots spurred Ofcom to plan additional measures for “crisis response protocols for emergency events.”
–With assistance from Kurt Wagner.
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