United Kingdom: Office of Communications announced investigation into Krakenfiles over alleged failure to comply with illegal content duties under Online Safety Act

On 10 June 2025, the Office of Communications (Ofcom) announced an investigation into Krakenfiles, a file-sharing service provider (Case No. CW/01301/06/25). This investigation will examine whether the provider has failed to comply with its obligations under the Online Safety Act 2023. This investigation is part of an Ofcom enforcement programme launched on 17 March 2025, which aims to assess the measures adopted by file-sharing and file-storage services to address risks related to image-based child sexual abuse material (CSAM). Following the issuance of statutory information notices under section 100 of the Act on 1 April 2025 to several providers, including Krakenfiles, requiring a response by 1 May 2025 with details of compliance and a copy of the illegal content risk assessment, Ofcom opened an investigation into whether the provider had failed to meet these obligations. The investigation will consider whether the provider failed to respond to the notice, failed to complete and retain a suitable and sufficient illegal content risk assessment, or failed to comply with the duties relating to the mitigation of illegal content risks under section 10. Non-compliance with the Act may result in financial penalties of up to GBP 18 million or 10% of qualifying worldwide revenue, or court orders requiring third parties to disrupt access to the service in the United Kingdom.