Ofcom has launched an investigation into whether the social media platform X has failed to comply with its duties under the Online Safety Act 2023.

The investigation follows the widely-reported use of the ‘Grok’ AI model on X to generate edited sexualised images of people without their consent, and comes amid considerable pressure for the regulator to intervene, including from the Culture, Media and Sport Committee, whose Chair wrote to Ofcom (see here) seeking to understand what steps it intended to take.

In response, Ofcom has now opened a formal investigation, explaining that the generation and sharing of content generated by Grok may constitute intimate image abuse, child sexual abuse material, and pornography accessible to children.

Accordingly, Ofcom will investigate whether X failed to comply with the following duties under the Online Safety Act 2023:

1. Duties to carry out a suitable and sufficient illegal content risk assessment;
2. Safety duties about illegal content;
3. Duties to carry out a suitable and sufficient children’s risk assessment; and
4. Safety duties protecting children.

Announcing the investigation, Ofcom issued a reminder to regulated providers that those found to have failed to comply with their duties under the Act can receive fines of up to £18 million or 10% of qualifying worldwide revenue (whichever is greater). Furthermore, if non-compliance continues and the risk of harm is sufficiently serious, Ofcom may apply for an order from the court requiring payment providers or advertisers to withdraw their services from a platform, or requiring internet service providers to block access to a site in the UK.

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