Source: Ofcom published on this website Wednesday 16 January 2025 by Jill Powell
Children will be prevented from encountering online pornography and protected from other types of harmful content under Ofcom’s new industry guidance which sets out how we expect sites and apps to introduce highly effective age assurance.
Today’s decisions are the next step in Ofcom implementing the Online Safety Act and creating a safer life online for people in the UK, particularly children. It follows tough industry standards, announced last month, to tackle illegal content online, and comes ahead of broader protection of children measures which will launch in the Spring.
Robust age checks are a cornerstone of the Online Safety Act. It requires services which allow pornography or certain other types of harmful content to introduce ‘age assurance’ to ensure that children are not normally able to encounter it. Age assurance methods – which include age verification, age estimation or a combination of both – must be ‘highly effective’ at correctly determining whether a particular user is a child.
We have today published industry guidance on how we expect age assurance to be implemented in practice for it to be considered highly effective. Our approach is designed to be flexible, tech-neutral and future-proof. It also allows space for innovation in age assurance, which represents an important part of a wider safety tech sector where the UK is a global leader[2]. We expect the approach to be applied consistently across all parts of the online safety regime over time.
While providing strong protections to children, our approach also takes care to ensure that privacy rights are protected and that adults can still access legal pornography. As platforms take action to introduce age assurance over the next six months, adults will start to notice changes in how they access certain online services. Our evidence suggests that the vast majority of adults (80%) are broadly supportive of age assurance measures to prevent children from encountering online pornography.
What are online services required to do, and by when?
The Online Safety Act divides online services into different categories with distinct routes to implement age checks. However, the action we expect all of them to take starts from today:
- Requirement to carry out a children’s access assessment. All user-to-user and search services – defined as ‘Part 3’ services – in scope of the Act, must carry out a children’s access assessment to establish if their service – or part of their service - is likely to be accessed by children. From today, these services have three months to complete their children’s access assessments, in line with our guidance, with a final deadline of 16 April. Unless they are already using highly effective age assurance and can evidence this, we anticipate that most of these services will need to conclude that they are likely to be accessed by children within the meaning of the Act. Services that fall into this category must comply with the children’s risk assessment duties and the children’s safety duties.
- Measures to protect children on social media and other user-to-user services. We will publish our Protection of Children Codes and children’s risk assessment guidance in April 2025. This means that services that are likely to be accessed by children will need to conduct a children’s risk assessment by July 2025 – that is, within three months. Following this, they will need to implement measures to protect children on their services, in line with our Protection of Children Codes to address the risks of harm identified. These measures may include introducing age checks to determine which of their users are under-18 and protect them from harmful content.
- Services that allow pornography must introduce processes to check the age of users: all services which allow pornography must have highly effective age assurance processes in place by July 2025 at the latest to protect children from encountering it. The Act imposes different deadlines on different types of providers. Services that publish their own pornographic content (defined as ‘Part 5 Services[6]) including certain Generative AI tools, must begin taking steps immediately to introduce robust age checks, in line with our published guidance. Services that allow user-generated pornographic content – which fall under ‘Part 3’ services – must have fully implemented age checks by July.
What does highly effective age assurance mean?
Our approach to highly effective age assurance and how we expect it to be implemented in practice applies consistently across three pieces of industry guidance, published today[5]. Our final position, in summary:
- confirms that any age-checking methods deployed by services must be technically accurate, robust, reliable and fair in order to be considered highly effective;
- sets out a non-exhaustive list of methods that we consider are capable of being highly effective. They include: open banking, photo ID matching, facial age estimation, mobile network operator age checks, credit card checks, digital identity services and email-based age estimation;
- confirms that methods including self-declaration of age and online payments which don’t require a person to be 18 are not highly effective;
- stipulates that pornographic content must not be visible to users before, or during, the process of completing an age check. Nor should services host or permit content that directs or encourages users to attempt to circumvent an age assurance process; and
- sets expectations that sites and apps consider the interests of all users when implementing age assurance – affording strong protection to children, while taking care that privacy rights are respected and adults can still access legal pornography.
We consider this approach will secure the best outcomes for the protection of children online in the early years of the Act being in force. While we have decided not to introduce numerical thresholds for highly effective age assurance at this stage (e.g. 99% accuracy), we acknowledge that numerical thresholds may complement our four criteria in the future, pending further developments in testing methodologies, industry standards, and independent research.
Opening a new enforcement programme
We expect all services to take a proactive approach to compliance and meet their respective implementation deadlines. Today Ofcom is opening an age assurance enforcement programme, focusing our attention first on Part 5 services thatdisplay or publish their own pornographic content.
We will contact a range of adult services – large and small – to advise them of their new obligations. We will not hesitate to take action and launch investigations against services that do not engage or ultimately comply.
