OnlyFans, the popular subscription-based platform known for its adult content, has recently been hit with a £1.05 million fine by Ofcom, the UK's communications regulator. This penalty stems from the company's failure to provide accurate and complete responses to formal requests for information regarding its age assurance measures. The fine highlights the critical importance of regulatory compliance and data accuracy, especially when it comes to protecting vulnerable users, such as children, online.
The issue revolves around information requests made by Ofcom in June 2022 and June 2023. These requests sought details about the age verification processes employed by OnlyFans, specifically focusing on the effectiveness of its third-party facial estimation technology. OnlyFans uses this technology to estimate a user's age based on uploaded selfies. If the estimated age is above a certain "challenge age," the user can proceed to create an account. Otherwise, they are required to verify their age through secondary methods.
In its responses to Ofcom, Fenix International Limited, the company that operates OnlyFans, stated that the "challenge age" for its facial age estimation technology was set at 23 years old. However, it was later discovered that the challenge age had actually been set at 20 years old since November 1, 2021. Fenix International Limited learned about this discrepancy from its technology provider on January 4, 2024. While the company eventually raised the challenge age, it wasn't until January 22, 2024, that Ofcom was informed of the error.
Ofcom's investigation concluded that Fenix International Limited had breached its duty to provide accurate and complete information. The regulator emphasized that companies must have robust checks in place to ensure that the information they provide is thoroughly vetted and reviewed before submission. In this case, it took Fenix over 16 months to discover and report the inaccurate information, raising concerns about its internal compliance procedures.
The inaccurate data undermined Ofcom's ability to effectively carry out its regulatory functions, leading to the publication of incorrect data and necessitating a correction. While Ofcom acknowledged that Fenix self-reported the issue, the delay in doing so was a matter of concern. Regulators expect companies to promptly disclose any potential breaches or inaccuracies.
In light of these failings, Ofcom imposed the £1.05 million fine. This amount includes a 30% reduction due to Fenix accepting Ofcom's findings and settling the case, thus saving regulatory resources. The fine is considered appropriate and proportionate, considering Fenix International Limited is a large, well-resourced company with clear awareness of its regulatory obligations. As such, it should have implemented adequate measures to ensure the accuracy and verification of the data it submitted to Ofcom.
The OnlyFans spokesperson stated that they recognize the importance of providing Ofcom with accurate and timely information and welcome the conclusion of this process.
This incident serves as a reminder to all online platforms, particularly those dealing with sensitive content and age restrictions, of the importance of data accuracy and regulatory compliance. Accurate age verification is crucial for protecting minors from accessing inappropriate content, and regulators rely on the information provided by platforms to effectively monitor and enforce safety standards. Failure to meet these standards can result in significant penalties and reputational damage.
