UK Crime

Ofcom urged by The Guardian to intensify efforts against illegal online material

Ofcom has fined a US-based suicide forum £950,000 after the platform was linked to more than 160 deaths in the United Kingdom, marking the first enforcement action under the Online Safety Act against a service that encouraged or assisted self-harm. The regulator described the contraventions as serious and deliberate, noting the “risk of fatal harm” posed by the website, which remained accessible to UK users despite previous warnings and attempts to block it. Ofcom is now applying to the courts for an order that would require internet service providers to block access to the site entirely if breaches continue.

The fine and the legal principle

The penalty sends a clear signal that behaviour which would carry criminal penalties offline cannot be tolerated online. In England and Wales, encouraging or assisting suicide is illegal under section 2 of the Suicide Act 1961, carrying a maximum sentence of 14 years’ imprisonment. The Online Safety Act, which came into force in October 2023, introduced a new criminal offence specifically for intentionally encouraging or assisting serious self-harm, punishable by up to five years in prison. Any prosecution requires the consent of the Director of Public Prosecutions. In Scotland, similar actions could lead to charges of reckless endangerment or a range of other offences.

Ofcom gave the forum’s operator the chance to address its concerns before pursuing a court order. Campaigners and bereaved families have voiced frustration at the length of time it took to reach this point, arguing that they had to push the regulator into action. The fine itself is set at £950,000, though the regulator has the power to impose penalties of up to £18 million or 10 per cent of a company’s qualifying worldwide revenue, whichever is greater.

Challenges of policing US-based platforms

Enforcing UK law against platforms headquartered in the United States remains a deeply difficult task. The internet is dominated by a handful of enormously wealthy American companies over which the British government has limited sway. Some overseas platforms have already refused to pay Ofcom fines. Meta, the owner of Facebook and Instagram, has launched a legal challenge against the regulator, arguing that fees and fines should be calculated on the basis of UK revenue rather than global revenue; the company describes Ofcom’s approach as disproportionate and is seeking a judicial review. Other US-based services, including 4chan and Kiwi Farms, have also refused to pay penalties and have faced legal action as a result.

Loopholes in the Online Safety Act further complicate the regulator’s task. Under the legislation, search engines are required only to “minimise the risk” of users encountering illegal content, not to prevent it altogether. Last week, the suicide forum’s web address remained searchable on Google, meaning that users could still find and access the site by using a virtual private network. The gap between the rules that govern the offline world and the chaos of the internet mirrors a separate area of concern: the government has recently pledged to bring laws governing online pornography into line with those that apply to physical DVDs and magazines, a move campaigners have long demanded.

Exerting democratic control over the digital space is one of the biggest challenges any modern government faces. Rapid technological advances mean that the Online Safety Act – enacted only in autumn 2023 – already needs updating. Generative artificial intelligence, including chatbots, currently falls outside many of the safety duties expected of social media platforms. Ofcom has published guidance on how the Act may apply to AI tools that function as search services or user-to-user services, but there are ongoing discussions in government about bringing chatbots explicitly within the scope of the law. Cases have already emerged in which AI chatbots provided harmful advice, including assistance with violent planning and self-harm.

Broader online safety concerns

The difficulties with the suicide forum are part of a wider pattern of frustration over the pace of online safety reform. Jess Phillips, the former safeguarding minister, highlighted many of these issues in her resignation letter last week. She pointed to the proliferation of child sexual abuse imagery and the huge increase in arrests linked to such material, describing it as one of the most disturbing trends in crime. According to Phillips, detailed plans drawn up by the Home Office for a new law that would oblige tech companies to prevent the exchange of naked images on children’s devices were stalled by Downing Street. She noted that the technology to address the problem already exists but that legislative action has been slow.

The government has pledged to halve violence against women and girls within a decade and published a cross‑government strategy in December 2025 titled “Freedom from violence and abuse: building a safer society for women and girls”. The strategy focuses on prevention, tackling root causes, pursuing perpetrators and supporting victims. Yet campaigners have expressed concerns that it may be underfunded and that its approach to online violence against women and girls relies too heavily on criminalisation without adequately regulating the platforms that profit from abuse.

For many, the expectation was that Sir Keir Starmer’s premiership – given his background as a former chief prosecutor – would bring a more determined approach to these issues. There remains a debate to be had about the balance between online safety and free expression, but protecting children from sexual abuse and blocking illegal material are widely regarded as priorities any government should pursue. Last week the suicide forum’s web address could still be found through a Google search, accessible via a VPN, a stark illustration of how much work remains to close the gap between the law on the statute book and the reality of the open internet.

Alaric Whitcombe

Political Correspondent
Alaric Whitcombe is a political correspondent reporting from Westminster, London. He covers UK politics, parliamentary activity, government decision-making, and UK Crime, providing clear, fact-based context around legislation, policy developments, and major public-safety stories. His work focuses on factual reporting and clear explanation, helping readers follow political events without bias or speculation.
· Westminster lobby reporting, select committee analysis, court proceedings coverage
· Parliamentary debates, legislation and policy, elections, criminal justice system, policing, Crown and Magistrates' Courts

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