SWGfL welcomes Ofcom’s enforcement of the Illegal Harms Codes, marking a step in protecting individuals from illegal online content. With these new regulations in place, online service providers covered under the Online Safety Act are now required to take proactive steps to safeguard their users. This includes incorporating safety-by-design principles into their platforms to prevent the spread of illegal material. However this is just the start and concerns remain about enforcement gaps and whether the measures will be applied effectively across all platforms. Read our full response to the Ofcom Illegal Harms Codes.
Strengthening Online Safety Through Regulation
The Online Safety Act, passed in October 2023, established a framework to enhance digital protections across the UK. With Ofcom’s Illegal Harms Code now in effect, online platforms must assess and mitigate risks associated with illegal content, addressing issues such as CSAM, hate speech, terrorism and fraud.
Providers are expected to conduct thorough risk assessments and implement safety measures outlined in the Code. Ofcom has made it clear that enforcement actions have begun, with serious consequences for non-compliance. Additional codes are expected to follow in the coming months.
Key Measures in the Illegal Harms Codes
As the new regulations take effect, Ofcom has introduced several key provisions to enhance online safety for platforms within scope:
1. Risk Management and Accountability
Online platforms must prioritise risk management and appoint a senior leader responsible for compliance. This measure ensures clear accountability in preventing and addressing harmful content.
2. Stronger Protections Against Illegal Content
Platforms are required to quickly remove illegal content such as CSAM, maintain well-trained moderation teams, and provide accessible reporting and complaint systems for users.
3. Safeguarding Children from Online Exploitation
Children remain some of the most vulnerable users online. The new codes introduce stronger protections against online grooming and child sexual abuse material (CSAM), including expanding the use of hash-matching technology to detect and prevent CSAM distribution.
4. Combatting Online Fraud
With online fraud causing significant financial and emotional harm, the new rules require platforms to establish dedicated reporting channels in collaboration with fraud prevention organisations.
5. Addressing Gender-Based Online Harassment
Women and girls are disproportionately affected by online harms such as cyberflashing, stalking, and intimate image abuse. Under the new codes, platforms must enable users to block and mute harassers and swiftly remove non-consensual intimate images (“revenge porn”). Companies must also act against criminal groups exploiting women online.
6. Enforcement and Penalties for Non-Compliance
To ensure adherence, Ofcom has been granted substantial enforcement powers. Companies failing to comply could face fines of up to £18 million or 10% of their global revenue, with the possibility of court orders blocking non-compliant services in the UK.
Significant Areas That Are Still Not Addressed
While these new measures mark progress, SWGfL remains concerned about certain gaps in enforcement and regulatory coverage. Some critical issues still need attention:
- Non-Consensual Intimate Imagery (NCII): The failure to make NCII content illegal is a significant oversight. Requiring platforms to remove such content quickly is not enough—there should be legal consequences similar to those for CSAM.
- Alternative Dispute Resolution: When users struggle to get support from online platforms regarding harmful content, there must be a clear path for resolution. This is especially important following the repeal of the VSP regulation in March 2025.
- Media Literacy and Education: Raising awareness and educating children, adults, and professionals about media literacy is crucial for fostering a safer online environment.
- StopNCII.org Deployment: Ofcom must mandate platforms to use hash matching technology (StopNCII.org) to prevent NCII in the same requirements that there are for CSAM.
- Enforcement Speed and Industry Compliance: Ofcom must act swiftly and effectively to hold platforms accountable, including smaller providers that might otherwise evade scrutiny. All companies—regardless of size—must face consequences for failing to comply with the codes.
David Wright CEO of SWGfL said: While the Illegal Harms Codes represent an important step in strengthening online safety, continuous oversight and further legislative improvements are essential to ensure they achieve their intended impact. NCII is now recognised as one of the most significant harms targeting users, particularly women and girls worldwide so why are there not more protections being implemented? SWGfL remains committed to advocating for stronger protections and holding platforms accountable in the digital space.
