Any legal consequences of Ofcom’s requirements?

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  • Duckers
    Confirmed User
    • Dec 2016
    • 38

    #1

    Any legal consequences of Ofcom’s requirements?

    I was contacted by representatives of ofcom.org.uk demanding that I install age verification on my website.
    As far as I understand, Ofcom is a UK government agency. I’m an EU resident.
    Logically, I don’t see their demand as fair. However, I’m interested in the legal aspect: what consequences could my refusal to implement this age verification lead to, considering that I have no connection to the UK?
    Perhaps someone has explored this topic and knows the answer.
  • CaptainHowdy
    Too lazy to set a custom title
    • Dec 2004
    • 94735

    #2
    Why you wouldn't want to implement it on the first place ? ?

    Comment

    • cordoba
      Confirmed User
      • Feb 2010
      • 1363

      #3
      I doubt if they could do anything other than block your site.

      Comment

      • NatalieK
        Natalie K
        • Apr 2010
        • 20117

        #4
        Originally posted by Duckers
        I was contacted by representatives of ofcom.org.uk demanding that I install age verification on my website.
        As far as I understand, Ofcom is a UK government agency. I’m an EU resident.
        Logically, I don’t see their demand as fair. However, I’m interested in the legal aspect: what consequences could my refusal to implement this age verification lead to, considering that I have no connection to the UK?
        Perhaps someone has explored this topic and knows the answer.
        OFCOM is the "office of communications" for the UK, they regulate what is seen, fining those that do not apply with rules, most definitely when dealing with online porn & AVS, deterring underage viewing of your website...

        I would most definitely implement AV to your websites, amazed you´re not already compliant.

        The EU is following suit as will it be world wide, so may as well get on it now & deal with it
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        • Duckers
          Confirmed User
          • Dec 2016
          • 38

          #5
          Originally posted by NatalieK
          I would most definitely implement AV to your websites, amazed you´re not already compliant.
          Oh, you're surprised that someone is still not compliant? Then don't check the UK Google top, you'll be shocked like never before

          Comment

          • Duckers
            Confirmed User
            • Dec 2016
            • 38

            #6
            Originally posted by CaptainHowdy
            Why you wouldn't want to implement it on the first place ? ?
            Did you already add age verification to your site? Mind sharing how it affected your traffic?

            Comment

            • pornlaw
              Confirmed User
              • Feb 2007
              • 1902

              #7
              https://www.ofcom.org.uk/online-safe...ust-age-checks

              Let us know when you dont do it, how they can affect your business...

              1) block your site
              2) seize your domain
              3) seize any corporate assets
              4) seize any personal assets

              Im generally curious to know how far Ofcom will go.
              Michael

              www.AdultBizLaw.com

              Comment

              • Beaver1
                Confirmed User
                • Dec 2002
                • 651

                #8
                The criminal and civil law of the operator, owner, and server location are decisive. Everything else is irrelevant!

                Otherwise, one would have to abide by the laws and prohibitions of 200 different countries.
                Conversely, that would mean that you are allowed to sell cocaine on your server, because that's permitted by law in Colombia!
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                • 3xmedia
                  Confirmed User
                  • Apr 2004
                  • 5738

                  #9
                  Originally posted by cordoba
                  I doubt if they could do anything other than block your site.
                  ---

                  Comment

                  • Beaver1
                    Confirmed User
                    • Dec 2002
                    • 651

                    #10
                    Originally posted by pornlaw
                    https://www.ofcom.org.uk/online-safe...ust-age-checks

                    Let us know when you dont do it, how they can affect your business...

                    2) seize your domain
                    3) seize any corporate assets
                    4) seize any personal assets

                    Im generally curious to know how far Ofcom will go.

                    Given the current tense political situation between Europe and the US, they are not doing any of this.
                    It is hard to imagine that Starmer or the EU would actually want to censor US servers or seize domains at this time.
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                    Comment

                    • pornlaw
                      Confirmed User
                      • Feb 2007
                      • 1902

                      #11
                      Originally posted by Beaver1
                      Given the current tense political situation between Europe and the US, they are not doing any of this.
                      It is hard to imagine that Starmer or the EU would actually want to censor US servers or seize domains at this time.
                      Im not saying they would any of that. I was serious about my curiosity about how Ofcom plans to implement their fines.

                      4Chan told them to fuck off over the summer and then filed suit in the US.

                      I havent heard anyone publicly state if and/or how Ofcom has gone after them.
                      Michael

                      www.AdultBizLaw.com

                      Comment

                      • Matyko
                        PsyHead
                        • Aug 2005
                        • 8681

                        #12
                        Originally posted by cordoba
                        I doubt if they could do anything other than block your site.
                        tubecorporate just got a one million GBP penalty.. I doubt they can be forced to pay (russian owners) but I also doubt they can enter UK or probably even the EU if they won't pay.
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                        Comment

                        • The Porn Nerd
                          Living The Dream
                          • Jun 2009
                          • 19787

                          #13
                          Originally posted by Matyko
                          tubecorporate just got a one million GBP penalty.. I doubt they can be forced to pay (russian owners) but I also doubt they can enter UK or probably even the EU if they won't pay.
                          After Brexit England is not part of the EU anymore so I'm sure they can enter Europe. For now.

                          And hey, not being able to enter the UK is actually a blessing these days given how insane that place has become.
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                          • BobJones123
                            Confirmed User
                            • Jan 2014
                            • 142

                            #14
                            Since we made our landing pages softcore and added a pop-up about being over 18, our conversions in the UK have gone up 9%.

                            We made this change in May 25 before the Ofcom deadline and as all the landing pages are softcore, ofcom can't challenge us. It's been a winwin

                            Comment

                            • Duckers
                              Confirmed User
                              • Dec 2016
                              • 38

                              #15
                              Originally posted by Matyko
                              tubecorporate just got a one million GBP penalty.. I doubt they can be forced to pay (russian owners) but I also doubt they can enter UK or probably even the EU if they won't pay.
                              I read in the news that their legal entity is registered in Belize. And Belize is officially ruled by the King of the United Kingdom Maybe that’s why they came up with such crazy fines...
                              But I still don’t understand why the EU should force its own citizens (or visitors) to pay fines issued by the United Kingdom.

                              Comment

                              • Kelli58
                                Confirmed User
                                • Aug 2006
                                • 2254

                                #16
                                Originally posted by pornlaw

                                1) block your site
                                2) seize your domain
                                3) seize any corporate assets
                                4) seize any personal assets

                                Im generally curious to know how far Ofcom will go.
                                I'm with you. I'm curious how far they will go as well. Block your site, for sure

                                But can they seize your domain if it's not a .uk domain?
                                And can they seize your personal assets if you are in the US?
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                                Comment

                                • daviking
                                  Confirmed User
                                  • Apr 2007
                                  • 290

                                  #17
                                  Did they threaten any consequences, or just asked nicely?

                                  Comment

                                  • cordoba
                                    Confirmed User
                                    • Feb 2010
                                    • 1363

                                    #18
                                    Originally posted by Kelli58
                                    I'm with you. I'm curious how far they will go as well. Block your site, for sure

                                    But can they seize your domain if it's not a .uk domain?
                                    And can they seize your personal assets if you are in the US?
                                    No. No more than China could seize your domain and assets for blogging about Tibetan independence.

                                    Comment

                                    • plsureking
                                      bored
                                      • Aug 2003
                                      • 4904

                                      #19
                                      Originally posted by BobJones123
                                      Since we made our landing pages softcore and added a pop-up about being over 18, our conversions in the UK have gone up 9%.

                                      We made this change in May 25 before the Ofcom deadline and as all the landing pages are softcore, ofcom can't challenge us. It's been a winwin
                                      this is definitely the best way to go if you don't want these new "laws" to put you out of business.

                                      implementing a forced ID verification is a death sentence for your site/network. i've seen it a few times this year. most of the producers have been run out of the business.

                                      softcore/SFW tours sell better anyway.

                                      #porncms
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                                      Comment

                                      • Duckers
                                        Confirmed User
                                        • Dec 2016
                                        • 38

                                        #20
                                        Originally posted by plsureking
                                        this is definitely the best way to go if you don't want these new "laws" to put you out of business.

                                        implementing a forced ID verification is a death sentence for your site/network. i've seen it a few times this year. most of the producers have been run out of the business.

                                        softcore/SFW tours sell better anyway.

                                        #porncms
                                        Probably yeah, but that method doesn’t really work for a tube site.

                                        Comment

                                        • BobJones123
                                          Confirmed User
                                          • Jan 2014
                                          • 142

                                          #21
                                          Originally posted by Duckers
                                          Probably yeah, but that method doesn’t really work for a tube site.
                                          Good. Cause tube sites caused the down spiral of the porn industry.

                                          Comment

                                          • cordoba
                                            Confirmed User
                                            • Feb 2010
                                            • 1363

                                            #22
                                            Originally posted by plsureking
                                            this is definitely the best way to go if you don't want these new "laws" to put you out of business.

                                            implementing a forced ID verification is a death sentence for your site/network. i've seen it a few times this year. most of the producers have been run out of the business.

                                            softcore/SFW tours sell better anyway.

                                            #porncms
                                            Smaller affiliates for certain wont be able to make a profit with ID age verification installed.

                                            But most sponsors are still not providing SFW promotional content.

                                            Comment

                                            • fuzebox
                                              making it rain
                                              • Oct 2003
                                              • 22352

                                              #23
                                              Originally posted by BobJones123
                                              Since we made our landing pages softcore and added a pop-up about being over 18, our conversions in the UK have gone up 9%.
                                              A pop-up about being over 18 is not compliant though...

                                              Comment

                                              • pornmasta
                                                Too lazy to set a custom title
                                                • Jun 2006
                                                • 20016

                                                #24
                                                Originally posted by cordoba
                                                No. No more than China could seize your domain and assets for blogging about Tibetan independence.
                                                Yeah but freedom of speech has to be enforced in China

                                                Comment

                                                • BobJones123
                                                  Confirmed User
                                                  • Jan 2014
                                                  • 142

                                                  #25
                                                  Originally posted by fuzebox
                                                  A pop-up about being over 18 is not compliant though...
                                                  But there is nothing pornographic on the sites when you make the landing/public pages softcore. Therefore, it doesn't fall into Ofcom's realm

                                                  Comment

                                                  • NatalieK
                                                    Natalie K
                                                    • Apr 2010
                                                    • 20117

                                                    #26
                                                    Originally posted by Duckers
                                                    I’m an EU resident.
                                                    Originally posted by pornlaw
                                                    https://www.ofcom.org.uk/online-safe...ust-age-checks

                                                    Let us know when you dont do it, how they can affect your business...

                                                    1) block your site
                                                    2) seize your domain
                                                    3) seize any corporate assets
                                                    4) seize any personal assets

                                                    Im generally curious to know how far Ofcom will go.
                                                    Originally posted by Beaver1
                                                    censor US servers or seize domains at this time.
                                                    Duckers is in the EU not the US...

                                                    although, not sure what servers or where he purchased his domain, however, let´s not forget, the AVS process & idea isn´t just the UK, many states ask AVS & the EU is becoming AVS regulated...

                                                    I would like to see how far this goes, already have AVS on our pay sites & our own blog...

                                                    traffic hasn´t changed, well, maybe a little dip from the UK, but then, it´s probably UK traffic using VPN, hence a dip in UK, but up on other countries
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