Ofcom Fines OnlyFans Adult Content Platform £1.05 Million for Failing to Provide Accurate Age Assurance Information

Key Takeaways

• Fenix International Fine: Ofcom has fined Fenix International Limited £1.05 million for failing to provide accurate information about its age assurance measures on OnlyFans.
• Inaccurate Age Assurance Data: Fenix incorrectly reported that the challenge age for its facial age estimation technology was set at 23 years old, when it had actually been set at 20 years old since 2021.
• Regulatory Oversight: The error highlights the importance of accurate information in regulatory processes, particularly in safeguarding minors online.
• Delay in Reporting: Fenix took over two weeks to report the data error to Ofcom after discovering it, prompting concerns over internal compliance procedures.
• Ethical and Compliance Questions: The case raises ethical issues regarding the accuracy of age verification systems and their role in protecting vulnerable individuals on online platforms.

Deep Dive

Ofcom has imposed a £1.05 million fine on Fenix International Limited, the operator behind OnlyFans, for failing to provide accurate information about its age assurance measures. This penalty comes after the company provided misleading responses to formal requests made by the regulator in 2022 and 2023, raising concerns over its age verification processes for users.

Regulatory bodies rely on receiving accurate, complete, and timely information to ensure platforms adhere to safety standards. In this instance, Ofcom had sought detailed responses from Fenix regarding the age verification technologies in place on OnlyFans, particularly how the platform implemented age checks and the effectiveness of its third-party facial estimation technology. These requests were part of Ofcom’s ongoing monitoring of video-sharing platforms (VSPs) under existing regulations that pre-date the Online Safety Act.

In both June 2022 and June 2023, Ofcom requested detailed information from Fenix. This included an inquiry about the company’s facial age estimation technology, which requires prospective users to upload a live selfie for age verification. If the system estimates that the individual is above a predetermined challenge age, they can proceed to create an account. Those deemed below the challenge age are required to submit further verification methods to prove they are over 18.

The Discovery of an Error

Fenix initially reported that the "challenge age" for its facial age estimation technology was set at 23 years old. However, in January 2024, Fenix was informed by its technology provider that the challenge age had, in fact, been set at 20 years old since November 2021. Fenix later confirmed this discrepancy and raised the challenge age to 23 years on 16 January 2025, only to revise it again to 21 years on 19 January 2025. Despite becoming aware of the issue, Fenix did not notify Ofcom until 22 January 2024—almost two weeks after learning of the error.

Following the discovery of the inaccurate data, Ofcom initiated an investigation in May 2024 to assess whether Fenix had complied with its statutory obligations to provide accurate and complete information. The investigation found that Fenix had failed to meet these obligations on multiple occasions.

Among the key concerns raised was the time it took Fenix to uncover the error, which spanned more than 16 months. Ofcom emphasized the importance of strong internal controls to ensure that information provided to regulators is rigorously verified. The delay in reporting the issue, coupled with the lack of sufficient fact-checking, underscored deficiencies in Fenix’s governance processes.

Financial Penalty and Considerations

As a result of these regulatory failings, Ofcom has imposed a financial penalty of £1.05 million, which will be passed on to HM Treasury. The fine represents a 30% reduction from the original penalty amount, as Fenix accepted the findings and settled the case, thereby saving resources for both parties.

The penalty, Ofcom asserts, is both appropriate and proportionate. The regulator pointed to Fenix’s size and resources, highlighting that the company, as a major player in the industry, should have been more diligent in ensuring the accuracy of the data it submitted. Ofcom also noted that the inaccurate data had a direct impact on its regulatory function, causing the publication of incorrect information and necessitating a correction.

Suzanne Cater, Ofcom’s Enforcement Director, emphasized the importance of reliable information in carrying out the regulator’s duties. “When we use our statutory powers to request information from platforms, they are required, by law, to ensure it is complete, accurate and delivered to us on time,” Cater said. “We will hold platforms to high standards and will not hesitate to take enforcement action where we find failings.”

The financial penalty serves as a reminder of the high standards to which all platforms, especially those in the adult content industry, should be held. Fenix International’s failure to act swiftly and ensure proper verification of its age assurance data raises ethical and compliance questions, underscoring the extreme importance of accurate information in regulatory oversight. For the sake of ethics and to protect younger individuals, it shows how crucial it is for platforms to provide truthful and reliable data. Moving forward, Ofcom will continue to scrutinize the compliance of video-sharing and adult platforms to ensure they uphold their responsibility in safeguarding minors online and meeting their regulatory obligations.

For now, Fenix’s fine marks another important step in enforcing standards for the safety and accountability of online platforms, particularly in ensuring the protection of vulnerable users.

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