United Kingdom: Opened consultation on Ofcom guidance on illegal content risk assessment under the Online Safety Act

On 9 November 2023, the Office of Communications (Ofcom) opened a consultation on the service's illegal content risk assessment guidance under the Online Safety Act until 23 February 2024. The Act obliges user-generated content platforms and search service providers to carry out an illegal content risk assessment, and the guidance aims to clarify the steps that platforms are required to follow. The guidance outlines a four-step risk assessment process designed by Ofcom to help services comply with their obligations to assess the risk of illegal content. First, companies need to understand the harm, which means identifying and consulting Ofcom's risk profiles. The next step is to assess the risks of harm, consider characteristics that increase or decrease the risks, and assess the likelihood and impact, and user-generated platform services must assign risk levels. Platforms have to decide and implement the measures taken and record the risk assessment. Services must report the results of the risk assessment through appropriate governance channels, monitor the effectiveness of mitigation measures, and establish an annual review cycle for risk assessments. Services can adopt their own risk assessment methodology as long as it complies with the obligations and enables them to reach equivalent conclusions about their risk levels for different kinds of illegal harm. The first risk assessment should be carried out 3 months after publication of the final draft and every 12 months thereafter. A responsible person should be appointed in a written policy. If the service has failed to carry out a suitable and sufficient risk assessment, a penalty of up to 10% of qualifying worldwide revenue or GBP 18 million and remedial action will be required.