Ofcom is aware that so-called “sleep content” may be present on some pornography sites available to UK users.
Pornographic content featuring explicit and realistic depictions of non-consensual sexual activity, for example where someone is asleep or otherwise unconscious, is likely to amount to illegal content under the extreme pornography offence.[1]
Providers of regulated online services have a duty to take down illegal content when they become aware of it.[2] More information about what amounts to illegal content, and how providers can make judgements about illegal content, is available in the Illegal Content Judgement Guidance. Providers should also be considering the risk of extreme pornography as part of their Illegal Content Risk Assessments.
Services who do not have appropriate measures in place to tackle illegal content, including extreme pornography, could face enforcement action from Ofcom.
[1] Section 63 of the Criminal Justice and Immigration Act 2008.
[2] A regulated online service is a user-to-user or search service that has links with the UK. This includes services such as cam, fan and tube sites. User-to-user services are online services that enable users to generate, share or upload content (such as messages, images, videos, comments, audio) on the service that may be encountered by other users of the service. This includes services that enable user interactions. These services are regulated under Part 3 of the Act.