UK TikTok Rules: New Safety Regulations for Video Platforms

New Regulations for Video-Sharing Platforms in the U.K.

Video-sharing platforms operating within the United Kingdom are now subject to updated regulations. These rules are designed to enhance user protection, particularly for individuals under the age of 18, against detrimental content.

Focus on Harmful Content

The new guidelines aim to shield users from materials such as hate speech and videos or advertisements that could potentially incite violence towards protected groups. Terrorist content, child sexual abuse material, racism, and xenophobia are specifically included within the definition of “harmful content.”

Ofcom’s Role and Guidance

Ofcom, the U.K.’s communications regulator, has released detailed guidance for platforms including TikTok, Snapchat, Vimeo, and Twitch. The guidance mandates that these services implement “appropriate measures” to safeguard users from exposure to harmful material.

User Exposure to Harmful Content

Recent research conducted by the regulator indicates that a significant portion of U.K. internet users have encountered problematic content. Specifically, one-third have witnessed hateful content, a quarter have been exposed to violent or disturbing material, and one in five have encountered content promoting racism.

Recommended Measures for Platforms

While there isn’t a definitive list of required actions, Ofcom suggests several recommendations. These include clear clauses within terms and conditions, functionality for content creators to identify advertisements, and accessible reporting mechanisms for viewers.

Age Assurance and Parental Controls

Age assurance systems and the inclusion of parental controls are strongly recommended. This is due to the regulation’s specific focus on protecting minors from viewing restricted videos and advertisements.

Pornography and Age Verification

For platforms hosting pornography, Ofcom recommends “robust” age-verification processes. This is to prevent underage users from accessing adult material.

List of In-Scope Platforms

A comprehensive list of video-sharing platforms that have self-identified as falling under these regulations is publicly available. This includes major platforms like OnlyFans, Triller, and Recast, in addition to the larger companies.

Systematic Risk Management

Ofcom emphasizes the importance of systematic risk management processes. Providers should implement measures that are both practicable and proportionate to the risks involved. Meaningful efforts to prevent user exposure to harmful content are expected.

Focus on Safety Systems, Not Individual Videos

The VSP Regime centers on the safety systems and processes of platforms, rather than regulating individual videos. However, a prevalence of harmful material on a platform may trigger closer scrutiny from the regulator.

Documentation and Justification

Platforms must document their implemented measures and be prepared to justify their decisions to Ofcom, particularly in response to complaints. Effectiveness of these measures in protecting users will also be assessed.

A Preview of Broader Regulations

Monitoring compliance with these new requirements represents a key role for Ofcom. It also serves as a preview of more extensive safety-focused digital regulations that are forthcoming.

Engagement with Stakeholders

Ofcom will gather insights through engagement with providers, monitoring complaints, and collaborating with charities, NGOs, and tech safety groups. This engagement will inform its focus areas and ensure effective user protection.

Future Online Safety Legislation

Ofcom’s role as an internet content regulator will expand as the government progresses with legislation imposing a duty of care on digital service providers. This legislation aims to prevent exposure to illegal and/or harmful content, especially for children.

Appointment of Ofcom Chair

The appointment of Ofcom’s chair has been delayed due to a rerun of the competition process. Reports suggest the government favors a former editor, but an independent panel previously deemed the candidate unsuitable.

Existing Video-on-Demand Regulation

Ofcom has been regulating video-on-demand services in the U.K. since 2010. However, the video-sharing framework is a distinct regulatory instrument designed to address the unique aspects of user-uploaded content.

Placeholder for Future Legislation

This newer framework is expected to be superseded by new legislation under the incoming online safety regulatory framework. Therefore, these regulations for video-sharing platforms serve as a temporary measure and a testing ground for more comprehensive rules.

Preparation for Online Safety Regime

Ofcom views the VSP Regime as “an important precursor” to the future Online Safety legislation. Compliance with the current regime will assist services in preparing for the more extensive regulations outlined in the draft Online Safety Bill.

Alignment with Data Protection Regulations

The U.K.’s data protection regulation already enforces “age appropriate” design requirements for digital services likely to be accessed by children.