Today (27-02-24), Ofcom, the UK’s communications regulator, announced the commencement of an investigation into MintStars Ltd, a video sharing platform (VSP) provider, regarding its compliance with statutory obligations outlined in Part 4B of the Act.
Part 4B of the Act, which came into effect on November 1, 2020, establishes a regulatory framework for the oversight of VSPs. Specifically, providers of VSP services are required to undertake measures outlined in Schedule 15A of the Act to safeguard individuals under the age of 18 from accessing videos containing restricted material.
Despite the enactment of the Online Safety Act on October 26, 2023, the obligations outlined in Part 4B of the Act continue to apply during a transitionary period for all pre-existing UK-established VSP providers, including MintStars.
Notified as a pre-existing VSP under Part 4B of the Act, MintStars is subject to regulatory scrutiny regarding its content moderation practices. VSPs, by definition, enable users to upload and share videos publicly, necessitating measures to protect users from harmful content, particularly minors, and to uphold standards regarding criminal content, violence, and hateful material.
According to Ofcom’s preliminary assessment, MintStars may have hosted material falling within the definition of Restricted Material and may not have fully implemented measures outlined in Schedule 15A to safeguard minors from accessing such content.
In response, Ofcom has initiated an investigation to delve deeper into these concerns and determine whether MintStars Ltd has contravened or is currently contravening section 368Z1 of the Act. Ofcom aims to gather additional information and intends to provide an update on the investigation by the end of May 2024.
This investigation underscores Ofcom’s commitment to ensuring that VSP providers adhere to regulatory requirements aimed at protecting users, particularly minors, from harmful content, and maintaining the integrity of online platforms in the UK.
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