The UK's media regulator, Ofcom, has initiated a formal investigation into Elon Musk's social media platform X for potential breaches of the country's stringent Online Safety Act (OSA). This move follows significant government pressure after X's integrated Grok AI tool was used to generate indecent images of women and children.
What Powers Does Ofcom Have?
The investigation centres on whether X has failed in its legal duties to protect users. Ofcom is examining several specific areas of potential non-compliance. These include failing to properly assess the risk of users encountering illegal content, such as intimate image abuse and child sexual abuse material. The regulator is also scrutinising whether X took appropriate steps to prevent access to this content, removed illegal material swiftly, and protected users from privacy law breaches.
Furthermore, the probe will assess if X adequately evaluated risks to children and implemented effective age verification for pornography on the platform. The swift launch of this formal inquiry signals Ofcom's awareness of the public and political concern surrounding the flood of AI-generated intimate imagery that appeared on X over the Christmas period.
The Nuclear Option: Could X Be Banned in the UK?
The UK government has stated it would support Ofcom if the regulator decided to pursue the most severe penalty available: a ban. Under the OSA, Ofcom can apply to a court for "business disruption measures" against a non-compliant service. These measures could include ordering internet service providers to block access to X or compelling payment processors and advertisers to cut ties with the platform, effectively creating a de facto ban in the UK.
However, Ofcom has been clear that such drastic action is considered a last resort, reserved for "serious cases of ongoing non-compliance." The regulator emphasised that it must follow a legally robust process, as any misstep could lead to X challenging the decision through a judicial review. "We acknowledge that business disruption measures are a significant regulatory intervention," Ofcom stated, confirming they are not a "matter of routine."
Fines and Enforcement: The More Likely Outcomes
Short of an outright ban, Ofcom possesses significant enforcement powers. If a breach is confirmed, the regulator can force X to take specific actions to comply with the law and remedy any harms caused. It can also impose substantial financial penalties.
Fines can reach up to £18 million or 10% of a company's global annual revenue, whichever is higher. While X's revenues are not publicly disclosed, estimates from eMarketer suggested its advertising turnover was around $2.3 billion last year. This could translate to a potential fine exceeding $200 million.
The investigation's timeline remains uncertain. Professor Lorna Woods, an internet law expert at the University of Essex, noted that while a typical Ofcom probe might take six to nine months, the regulator could opt for an expedited process if the breach is deemed severe enough to warrant rapid action.
Ofcom will now gather evidence before issuing a provisional decision. X will then have an opportunity to respond before the regulator makes its final ruling, a process that will be closely watched as a major test of the UK's new online safety framework.
