The Office of Communications (Ofcom) has determined that xAI is out of Ofcom’s jurisdiction regarding its investigation into X over alleged failure to protect users and children from illegal and harmful content. The investigation, which was opened under the Online Safety Act 2023, examines whether X has complied with its statutory duties, including conducting suitable and sufficient risk assessments for illegal content and risks to children and implementing proportionate measures to prevent and rapidly remove priority illegal content. Ofcom notes that chatbots are not subject to Ofcom regulation if they are not user-to-user services, search services, and cannot generate pornographic content. Images and videos are only in scope when pornographic or when they can be shared with other chatbot users. Based on the scope of existing law, Ofcom has determined that it is unable to investigate the creation of illegal images by Grok as a standalone technology. However, Ofcom notes that it is considering whether to initiate a separate investigation regarding whether Grok’s age assurance methods are compliant with the code and guidance on highly effective age checks. The investigation will continue with a focus on X, rather than xAI. Ofcom has sent formal information requests to X, which Ofcom notes are legally binding. If non-compliance is established, potential outcomes include fines of up to GBP 18 million or 10% of qualifying worldwide revenue, and, in the most serious cases, court-ordered business disruption measures.
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