Ofcom has confirmed that it intends to update its Illegal Content Codes of Practice to recommend that certain service providers implement so-called ‘hash matching’ technology to detect intimate image abuse, moving from a reactive to proactive model to root out harmful content.

The decision follows a consultation last year on proposals to introduce additional safety measures (discussed here). It also marks the latest in a series of measures recently introduced to address intimate image abuse, including the requirement that service providers take down offending images within 48 hours (discussed here), the criminalisation of creating or requesting the creation of non-consensual intimate images (discussed here), and the ban on ‘nudification’ apps (discussed here).

Against the backdrop of a growing recognition of the proliferation of non-consensual intimate images, and the ineffectiveness of existing measures employed by service providers to detect and remove them (such as relying on complaints from victims), Ofcom has concluded that “there is an urgent need” for further action.

In Ofcom’s view, the urgent need for action includes the use of proactive technology such as hash matching. In basic terms, this involves assigning a series of characters (or hash) to a unique piece of content, storing that hash in a database, and using an algorithm to detect attempts to upload the same or similar versions of that content. In that way, content that is the same as, or sufficiently similar to, content already identified as illegal can be flagged for review or automatically removed.

In its amendment to the Codes, Ofcom recommends that hash matching should be used by the following service providers to detect intimate image abuse:

• Providers of user-to-user services that are high risk for intimate image abuse and either:
  • whose principal purpose is the hosting or dissemination of regulated pornographic content; or
  • are file-sharing and file-storage services; or
  • have more than 700,000 monthly active UK users.
• Providers of large user-to-user services that are medium risk for intimate image abuse; and
• Providers of large general search services.

Ofcom has also revised its Codes to recommend that all service providers should use a third-party database to detect intimate image abuse, unless they have an equivalent or better internal database, and published guidance on the appropriate proportion of human review for intimate image abuse and hash matching.

The amendments are due to come into force in autumn this year.

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