LFGSS and Microcosm shutting down 16th March 2025 (the day before the Online Safety Act is enforced)
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It's okay - I don't mind what you call this. It is just something I think may be worth you following up if you haven't already.
I think my first comment was a bit confused, this may be clearer. If this is of no interest to you that's fine :).
.1. I was drawing your attention to what Ofcom say on their penalty page, since the concern seemed to be a small risk of a huge penalty of £18 million.
QUOTE While a body with a larger turnover might face a larger penalty in absolute terms, a body with a smaller turnover may be subject to a penalty which is larger as a proportion of its turnover
https://www.ofcom.org.uk/about-ofcom/corporate-policies/penalty-guidelines/
It never suggests it would impose a penalty larger than the turnover. Indeed it seems pretty clear that the penalty would still be a proportion of the turnover even if larger as a proportion for a company with a smaller turnover.
Naturally I can't clarify this further for you. But Ofcom may be able to do so.
.2. Compliance may turn out to be easier than you expect when you go through with the tool. You won't know until it is available.
Then the usual procedure is
starts with a complainant or whistleblower or you yourself raising an issue with Ofcom. If that never happens then you don't get investigated.
Ofcom considers various factors to see if it will proceed with the case at all. Such as seriousness and strategic significance.
optionally it engages with you to try to get it fixed without an investigation.
optionally it sends warning letters.
may decide to widen the investigation to the industry generally to see if there is some solution
That's from their document here page 11 https://www.ofcom.org.uk/siteassets/resources/documents/online-safety/information-for-industry/illegal-harms/online-safety-enforcement-guidance.pdf?v=387566
So - again it may ease your concerns to ask someone at Ofcom to clarify the procedure.
I can't say myself as I am not Ofcom.
But based on what I found out it seems plausible that [OF COURSE NEEDING CONFIRMATION]
. 1. (NEED TO CHECK). You are likely far too small to be of interest to Ofcom who will focus on the likes of Twitter, Facebook, Google, TikTok first. They most likely never follow up such small websites as ones where the owner only puts a few hours work into them a month.
.2. (NEED TO CHECK) On the remote chance they follow it up, they likely to talk to you over a period of time to help you to comply before considering fines. You could shut down at this point if the process of complying is too much hassle for you.
.3. (NEED TO CHECK) on the very remote chance they go as far as to fine such a small provider as you, the total for any fine is likely to be less than your annual turnover, so if the fine is too much to keep going at that point, you pay the fine, from your assets for the business and donations for that year and then close it down,
.4. (NEED TO CHECK) enforcement doesn't seem to involve court action or legal fees on your part so long as you pay any fine.
Depends on how keen you are to keep it going but if you are this may be useful information. Or maybe not. At any rate that's all I have :).
RobertInventor
@Greenbank
That's not really fact checking. That's pure supposition.
LFGSS turnover isn't £0. The income it has from donations goes to pay the server costs. So any fine would/could have a significant financial effect - the money would have to be found from somewhere since there aren't piles of spare cash lying around.
Secondly the admin headache of having to deal with a possible Ofcom investigation should not be discounted. Nor should the possible legal costs that may be required to deal with a possible investigation.
Sure you can say it is "unlikely" but you can't guarantee that is not going to happen. Hence the risk.