Ofcom: VSP rules hard to understand
August 9, 2023
By Colin Mann
A report, Regulating Video-Sharing Platforms (VSPs), from UK comms regulator Ofcom lifts the lid, for the first time, on how easy it is for people to access, use and understand the terms and conditions set by six platforms: BitChute, Brand New Tube, OnlyFans, Snapchat, TikTok and Twitch.
It also scrutinises how these VSPs communicate what content is and isn’t allowed on their platforms to users and the penalties for breaking the rules – as well as the guidance and training given to staff tasked with moderating content and enforcement.
Ofcom’s study finds that the terms and conditions of VSPs can take a long time to read and require advanced reading skills to understand. This degree of complexity means they’re unsuitable for many users, including children.
At nearly 16,000 words, OnlyFans had the longest terms of service, which would take its adult users over an hour to read. This was followed by Twitch (27 minutes, 6,678 words), Snapchat (20 minutes, 4,903 words), TikTok (19 minutes, 4,773 words), Brand New Tube (10 minutes, 2,492 words) and BitChute (8 minutes, 2,017 words).
Ofcom calculated a ‘reading ease’ score for each platform’s terms of service. All but one was assessed as being “difficult to read and best understood by high-school graduates”. Twitch’s terms were found to be the most difficult to read. TikTok was the only platform with terms of service that were likely to be understood by users without a high school or university education. That said, the reading level required was still higher than that of the youngest users permitted on the platform.
Ofcom’s report also found that Snapchat, TikTok and BitChute use ‘click wrap’ agreements – where platforms make acceptance of the Terms of Service implicit in the act of signing up. Users are not prompted or encouraged to access the Terms of Service and so it makes it easier to agree to them without actually opening or reading them.
The six platforms’ community guidelines – which usually set out the rules for using the service in more user-friendly language – were typically shorter than the terms of service, taking between four and 11 minutes to read. Snapchat had the shortest community guidelines, taking four minutes to read. However, the language used meant it had the poorest reading-ease score and would likely require a university-level education to understand.
Room for improvement
Ofcom’s study also identified several other areas where VSPs can learn lessons and take steps to improve. In particular, Ofcom found that:
- users may not fully understand what content is and isn’t allowed on some VSPs. VSPs’ terms and conditions do include rules regarding harmful material that should be restricted for children, but several aren’t clear about exceptions to these rules. OnlyFans and Snapchat provide little detail to users about prohibited content.
- users may be unlikely to fully understand what the consequences are of breaking VSPs’ rules. While TikTok and Twitch have dedicated pages providing detailed information on the penalties they impose for breaking their rules, other providers offer users little information on the actions moderators may take. Ofcom also found inconsistencies between what Brand New Tube’s terms and conditions for users say about different types of harmful content, and their internal guidance for moderators.
- content moderators do not always have sufficient internal guidance and training on how to enforce their terms and conditions. The quality of internal resources and training for moderators varies significantly between VSPs, and few provide specific guidance on what to do in a crisis situation.
Good practice examples for VSPs to learn from
The report also highlights many examples of industry good practice. These include:
- Terms and conditions that list a wider range of content that might be considered harmful to children. TikTok’s, Snapchat’s and Twitch’s terms and conditions all cover a broad range of different types of content that may cause harm to children.
- Terms and conditions explain to users what happens when rules are broken: Twitch and TikTok both have external pages containing detailed information about their penalties, enforcements and banning policies.
- Where VSP providers test the effectiveness of their guidance for moderators: Policy changes at TikTok are tested in a simulated testing environment. Snapchat analyses moderators’ performances to test the effectiveness of internal policies and guidance.
Ofcom says it will continue to work with platforms to drive improvements as part of its ongoing engagement.
According to Ofcom, regulation of VSPs is important in informing its broader online safety regulatory approach under the Online Safety Bill, which it expects to receive Royal Assent later in 2023.
The report is the first in a series that Ofcom will publish during 2023, to include a report on VSPs’ approach to protecting children from harm.
“Terms and conditions are fundamental to protecting people, including children, from harm when using social video sites and apps,” asserts Jessica Zucker, Online Safety Policy Director at Ofcom. “That’s because the reporting of potentially harmful videos – and effective moderation of that content – can only work if there are clear and unambiguous rules underpinning the process.”
“Our report found that lengthy, impenetrable and, in some cases, inconsistent terms drawn up by some UK video-sharing platforms risk leaving users and moderators in the dark. So today we’re calling on platforms to make improvements, taking account of industry good practice highlighted in our report.”