• If the main concern is a penalty of £18 million it is pretty clear this simply can't happen.

    If you read back in the thread you'll see that there isn't as much concern about that. Setting up as a company or similar will limit liability there.

    The greater concern is the possibility of senior management being criminally liable.

  • Okay. There is a process and though it's optional surely with a small organization with only one person working for a few hours per month - first - highly unlikely they ever get to you given limits on their time and much higher profile cases like Facebook, Twitter etc. But if they do - then the normal process would be to talk first and find a way to comply and some action plan for how to comply. At that point if the action plan is too onerous then just shut down [never likely to reach this point]. Then warning letters and only after the warning letters are ignored and something very serious is going on especially causing harm to kids, and being ignored - then they would fine and only consider criminal action if it was very serious indeed.

    That is what one would expect of the process. All this WOULD NEED TO BE CHECKED.

    But it would be astonishing if they were to spend time fining never mind a court case to imprison someone who does this voluntarily a few hours a month.

    I think your risk is likely zero but of course understand wanting to be certain of that. I can't provide the certainty but perhaps Ofcom or someone else can and I hope you find the answers you need.

  • What you say makes sense, but that's kind of the problem. You're making a very sensible interpretation of how this should play out given how the law is described, but it's the ambiguity in the wording that gives cause for concern.

    My financial security being dependent on the common sense of a room full of strangers would personally be extremely anxiety inducing.

  • I think your risk is likely zero

    Personally I'd say the risk is nearly zero but not zero and it's that tiny gap which is going to be the issue for some (not all).

    The vast majority are just going to be able to carry on fine, a few may come to Ofcom's attention and never get followed up, an even smaller number may have to jump through some hoops or end up closing their site.

    But there's probably going to be a small number of examples being made. Someone not doing something quite as expected, someone at ofcom having a bad day or ofcom needing a sacrificial lamb to hold up and say this is what happens if you don't comply.

    We've seen it recently with train fare penalties. Prosecutions for people who missed the small print and saved a couple of pound on their fares. Hugely disproportionate but once you're in the system you're screwed.

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