Regulatory group Ofcom has launched an investigation into the social media and digital content giant TikTok to determine whether it has failed to comply with duties required by the Online Safety Act.
Ofcom will investigate TikTok Information Technologies UK Limited, the UK incorporation of the platform owned by Chinese firm ByteDance.
The investigation will look to determine if TikTok in the UK has violated Part 3 of the Online Safety Act, which imposes duties on providers of regulated user-to-user services that are likely to be accessed by children to protect children from harmful content.
Specifically, the section requires firms to use “proportionate” systems to prevent children encountering harmful content. It requires firms to meet these duties using reasonably effective age assurance methods.
Ofcom opened the investigation into TikTok following its review of the steps taken by major platforms to protect children, which highlighted concerns about young people being exposed to “harmful content” on TikTok.
“This investigation will seek to establish whether there are reasonable grounds to believe that TikTok has failed, or is failing, to comply with its legal obligations as set out above, including by using age assurance that is highly effective at correctly determining whether or not a particular user is a child,” said Ofcom.
If Ofcom can identify compliance failures, it will be able to impose fines of up to £18m or 10% of qualifying worldwide revenue, depending on which figure is greater.
In the most serious of cases, Ofcom can seek a court order that could see TikTok required to withdraw its services from the UK completely.
