Investigation into TikTok's compliance with a statutory information request

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.