Ofcom poaches staff from Big Tech to fill new enforcement team

Team of 350 people dedicated to Online Safety Act

Regulator hopes new team will enable it to defend decisions in court

Ofcom has already recruited approximately 350 people, some of whom have been poached from senior positions at Meta, Microsoft and Google, as it prepares to enforce the Online Safety Act, according to a report in The Financial Times. The act finally became law last October after a long legislative process and multiple changes of minister.

Ofcom has stated that it aims to add a further 100 people to this team throughout 2024.

The Online Safety Act has given the media regulator sweeping new powers to hold platforms such as Facebook and X responsible for any illegal material published, including images of child sexual abuse or content relating to the sale of drugs or weapons. More contentiously, tech companies also now must prevent children from accessing harmful and/or age inappropriate content such as pornography or self-harm sites.

Enforcing the Online Safety Act will involve the oversight of some of the biggest and arguably most powerful companies on the planet. Speaking to The Financial Times, Melanie Dawes, Ofcom CEO, said:

"The expectations are very high, but it's as quick as I've ever seen a regulator act."

She added: "Nothing is ever fast enough."

Ofcom was out of the starting gate early, publishing draft guidelines and codes of conduct last November that social media, gaming, pornography and search and sharing sites can follow to ensure that they stay within the boundaries of the act. The aim is that initial voluntary action will reduce the need for more punitive measure once the new powers kick in over the course of the next 18-24 months.

A key new power for Ofcom will be its ability to fine companies which fail to comply with mandates up to 10% of their annual turnover and pursue criminal cases against senior management of tech companies.

Ofcom expects many of these decisions to be the subject of legal challenge as Big Tech pushes to establish the boundaries of the act.

"We are fully prepared to take risky cases in terms of our own legal exposure," said Suzanne Cater, director of enforcement at Ofcom. "We will be up against some big companies; there could be a very hostile environment here."

Ofcom's recruitment drive has undoubtedly been helped by last year's swingeing job cuts across the sector. All of the tech giants made significant cuts and many of these cuts were in DEI, safety and content moderation as companies went all in on AI development.

The powers which have been the source of so much dissent from privacy activists are part of the appeal, according to Jessica Zucker, who joined Ofcom as Director of Online Safety Policy in June 2022, having previously led Meta's efforts to counter health misinformation.

"Those still motivated by online safety and proportionality see Ofcom as the alternative," said Zucker. "You could do it for one company, or you can do it for an entire industry."