OnlyFans provider faces £1.05 mn penalty over age assurance failures

The UK communications regulator Ofcom has imposed a £1.05 million fine on Fenix International, the provider of OnlyFans, for failing to accurately respond to formal requests regarding its age assurance measures.

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Regulatory Breach

Fenix was found to have provided incorrect information to Ofcom in response to statutory requests in June 2022 and June 2023. These requests were part of Ofcom’s efforts to monitor video-sharing platforms and their measures to safeguard minors online.

At the heart of the issue was OnlyFans’ use of third-party facial estimation technology to verify user ages. In its responses, Fenix stated that it had set the “challenge age” — the threshold at which users undergo further verification — at 23 years old. However, it was later revealed that the actual challenge age had been set at 20 since November 2021.

Fenix only discovered the discrepancy on January 4, 2024, and informed Ofcom on January 22, more than two weeks later. The company then adjusted the challenge age to 23 on January 16, 2025, before revising it again to 21 on January 19, 2025.

Investigation Findings

Following these disclosures, Ofcom launched an investigation on May 1, 2024. The regulator concluded that Fenix had violated its duty to provide complete and accurate information, with significant lapses in its fact-checking processes. Ofcom highlighted that it took the company over 16 months to identify the error, which undermined the regulator’s ability to assess online safety measures accurately.

Suzanne Cater, Ofcom’s Enforcement Director, stated:

“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. We will hold platforms to high standards and will not hesitate to take enforcement action where we find failings.”

Financial Penalty

Ofcom determined that a financial penalty was appropriate given the severity of the breach. The fine was reduced by 30 percent from its original amount due to resource savings achieved through Fenix accepting the findings and settling the case. The fine will be transferred to HM Treasury.

The regulator underscored that Fenix, as a large and well-resourced company, should have exercised greater diligence in verifying its data before submission. Moving forward, Ofcom emphasized the need for platforms to maintain robust compliance processes and report any discrepancies promptly.

In 2024, Ofcom has opened an investigation into whether OnlyFans is doing enough to prevent children from accessing pornography on its platform. Under existing regulations, video-sharing platforms (VSPs) established in the UK must take appropriate measures to prevent under-18s from accessing adult content.

While OnlyFans has implemented age verification measures, Ofcom has reason to suspect that these measures may not have been sufficiently effective in protecting minors. The regulator is also investigating whether OnlyFans failed to comply with its duties to provide complete and accurate information in response to statutory requests.

As Ofcom implements the UK’s new Online Safety Act, it continues to regulate VSPs under the pre-existing regime. The UK Government will decide when this regime will be repealed. Further updates on this investigation will be provided in due course.

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