5Rights Consultation Response to Ofcom’s Children’s Safety Code

In July, 5Rights submitted a response to Ofcom’s consultation on protecting children from online harms.

We support Ofcom’s efforts to create a Children’s Safety Code of Practice – a world-first initiative. However, we are concerned that the current draft doesn’t fully deliver on the promise of a “reset for children’s safety online”. Here’s why:

• Safe by design principles: the Code does not reflect the overarching principle (set out in Section 1 of the Online Safety Act) that services must be made “safe by design” and fails to address risks created by high-risk features and functionalities such as direct messaging and livestreaming.
• Safe Harbour: the measures services are required to take in order to claim ‘Safe Harbour’ do not address all the risks identified in the Children’s Register of Risks.
• Age-Appropriateness Concerns: the Code fails to require services to be age-appropriate by design – meaning there is no difference between services offered to a 7-year-old and a 17-year-old.
• Age Verification Gap: the Code does not require services to take any steps to enforce – or even set – minimum age requirements.

We recognise Ofcom’s effort to align the Children’s Code with the Illegal Harms Code. However, if the Illegal Harms Code doesn’t undergo significant changes, these issues will carry over to the Children’s Code.

The 5Rights Foundation urges Ofcom to consider both codes together, ensuring key issues are addressed. This is crucial to meet the expectations of parliament, child safety advocates, families, and the public.