Online content crackdown nets R16m in fines

Ofcom officials have revealed that many fines issued under the Online Safety Act (OSA) remain unpaid, revealing constraints in the communications regulator's enforcement capabilities. Director of enforcement Suzanne Cater told the House of Lords Communications and Digital Committee that, though another payment was received this week, most fines have not been collected so far.

Ofcom has imposed fines totaling over £7 million on 11 service providers under its OSA powers. However, the regulator has not disclosed the exact number of unpaid fines or the specific payment received this week. Ofcom's largest fine under the OSA was £1.4 million imposed on 8579 LLC in February. The regulator plans to target larger companies, which Griffiths believes will make collecting fines less challenging.

Cater acknowledged that Ofcom's business disruption powers have limitations and is beginning to hold senior managers personally liable in some cases. However, Ofcom cannot globally shut down a website but can ask a court to restrict UK access. Some services move their operations overseas, making them immune to the OSA. Business disruption measures require continued noncompliance and cannot be used solely to recover unpaid fines.

Ofcom regards disruption measures as a last resort and prefers securing compliance before pursuing a debt. Ofcom is working with the UK government to strengthen enforcement powers while preserving fundamental rights such as freedom of expression.