Closed
TikTok Information Technologies UK Limited (TikTok)
14 December 2023
23 July 2024
Ofcom investigated whether TikTok failed to comply with its duties to provide information in response to a formal notice, in such a manner as specified by Ofcom and to co-operate fully with Ofcom for the purposes of producing a report.
Sections 368Y(3)(b) and (c), 368Z2 and 368Z10 of the Communications Act 2003
On 23 July 2024, Ofcom issued its final decision to TikTok Information Technologies UK Limited (TikTok) under Part 4B of the Communications Act 2003 (the ‘Act’).
Ofcom has confirmed that TikTok has contravened its duties under the following sections of the Act:
- section 368Z10(6): a duty to provide information in such manner and form and within such reasonable period as may be specified by Ofcom in a demand for information under section 368Z10;
- section 368Y(3)(b): a duty to comply with a requirement for information under section 368Z10; and
- section 368Y(3)(c): a duty to fully co-operate with Ofcom for the purpose of (i) producing a report under section 368Z11 (as referred to at section 368Z10(3)(h)); and (ii) for the purpose of monitoring which of the measures set out in Schedule 15A are taken by VSPs and how those measures are being implemented (as referred to at section 368Z10(3)(g)).
In light of this finding, Ofcom is imposing a penalty of £1,875,000 on TikTok. This penalty was set having regard to our Penalty Guidelines and includes a 25% discount from the penalty Ofcom would otherwise have imposed following TikTok’s full admission of liability and agreement to settle the case.
The penalty reflects several factors, including the impact of the contravention on Ofcom’s work and the need to deter TikTok, and the wider sector, from future information request contraventions - which is key as Ofcom prepares for the online safety regime.
In addition to the settlement discount applied to this decision, Ofcom notes that the penalty would have been significantly higher had TikTok not self-reported the contravention, co-operated closely with our investigation and proactively taken steps to improve its internal processes following discovery of the issue.
We have published a non-confidential version of the decision today.
On 22 May 2024, the UK Government announced that a General Election will be held on 4 July 2024. We will provide an update on this investigation after the election.
Background
Ofcom has been the regulator of UK-established video-sharing platforms (VSPs) since November 2020. It’s crucial we can gather accurate information about the measures regulated VSPs take to protect users. This includes understanding systems, like parental controls, that help ensure that children are protected from restricted material.
Ofcom may use the information we gather to prepare and publish reports under section 368Z11 of the Communications Act 2003 (the ‘Act’).
Section 368Y(3) of the Act obliges a provider of a VSP to:
- provide the information requested by Ofcom pursuant to section 368Z10 of the Act; and
- co-operate fully with Ofcom for any purpose mentioned in section 368Z10(3). This includes co-operating fully with Ofcom for the purpose of producing a report under section 368Z11.
Where Ofcom has reasonable grounds for believing that a contravention of the above-mentioned obligations has occurred or is occurring, we may take enforcement action under section 368Z2 of the Act.
Investigation
Today we have opened an investigation into TikTok Information Technologies UK Limited (TikTok). The investigation concerns TikTok’s compliance with an information request notice (the ‘Notice’), issued on 6 July 2023 under section 368Z10 of the Act. TikTok was required to respond to the Notice in the manner and form as specified by Ofcom.
Among other things, the Notice requested information to:
- understand and monitor TikTok’s parental control systems and how they are implemented to help ensure under-18 users are protected from restricted material; and
- publish a report (or reports) under section 368Z11 of the Act, highlighting how TikTok and other UK-established VSPs are protecting users from videos containing harmful material and how these measures have been implemented.
The available evidence suggests that the information provided by TikTok in response to the Notice may not have been complete and accurate. So, Ofcom’s investigation will examine whether there are reasonable grounds for believing that TikTok has failed to comply with its statutory duties in relation to the Notice.
We expect to provide an update on this investigation by February 2024.
Enforcement team (enforcement@ofcom.org.uk)
CW/01279/12/23