Ofcom has announced it is unable to pursue further legal action against an online suicide forum that has been linked to more than 160 deaths in the UK. The regulator stated that changes made by the forum, whose provider is based in the United States, to block access for UK users represent the full extent of what can be achieved under the Online Safety Act.
Legal limitations under UK jurisdiction
On Monday, Ofcom explained that additional modifications to the site would affect global users, which falls beyond UK jurisdiction. The watchdog confirmed that all possible legal avenues under the Act have been exhausted. Consequently, legal grounds are insufficient to request a court order requiring internet service providers to block UK access to the site.
The Molly Rose Foundation, a charity advocating for safer online environments, reported that the forum has been connected to 164 UK deaths. The foundation expressed devastation over the decision, stating that families and survivors are left heartbroken, and warned that more vulnerable individuals will continue to be groomed on the site, leading to further loss of life.
Background of the investigation
The suicide forum was the first service investigated by Ofcom under the UK's online safety laws last year. It has been cited in multiple coroners' reports concerning UK citizen deaths. Ofcom's investigation uncovered illegal suicide content, including instructional guides and threads detailing various suicide methods, some of which had been on the site for years.
In May, the forum's operator was fined £950,000 for failing to comply with duties under the Online Safety Act. Ofcom stated that the forum had until June 12 to pay the fine, but the watchdog has not yet received payment. The US-based operator has disputed UK jurisdiction, raising questions about the enforceability of the fine.
Geoblocking and its effectiveness
Since the fine, the forum implemented a further geoblock to prevent registered UK users from logging in without a VPN. Ofcom noted that this means the vast majority of UK users who do not use a VPN to mask their location are now unable to access the site. However, the watchdog acknowledged that geoblocks do not fully eliminate harm, especially for individuals who use VPNs.
Ofcom is aware of a very small number of existing registered users who, for technical reasons unrelated to the provider's geoblock, can still access the site from the UK without a VPN. The regulator will closely monitor the forum to ensure the geoblock remains in place.
Reactions from campaigners and families
Andy Burrows, chief executive of the Molly Rose Foundation, criticized Ofcom's decision, noting that it took 468 days from the start of the investigation to decide not to seek a block. He accused the regulator of lacking moral courage and suggested that bereaved families are right to think that Melanie Dawes should not continue leading the internet safety regulator.
Sarah Ruane from Samaritans expressed extreme disappointment, stating that the Online Safety Act has yet to deliver meaningful action against harmful sites. She called for a strong commitment to ensure Ofcom has the necessary powers.
David Parfett of Families and Survivors to Prevent Online Suicide Harms highlighted that suicides continue where victims find information on methods online. He argued that the Online Safety Act in Ofcom's hands is not working, as evidenced by continued avoidable loss of life.
Ofcom's response and future steps
An Ofcom spokesperson said the regulator has initiated work regarding the pursuit of the debt, as it has with all companies that have not paid fines by deadlines. Ofcom will review its powers relating to business disruption measures, through which it can apply for a court order requiring internet service providers to block access in the UK.
Ofcom clarified that it does not have legal powers to apply for a business disruption order solely for failure to pay a fine. It also considered a conditional order that would become effective automatically if the site removes its geoblock, but the Act does not provide a mechanism for this.
Suzanne Cater, director of enforcement at Ofcom, stated that the regulator has used its granted powers to the fullest extent, resulting in blocking the site for the vast majority of UK users. She acknowledged that this may not bring closure for bereaved families but will help protect people in the future.
