Our Letter to Ofcom Regarding the Online Safety Act 2023:

Subject: Clarification Regarding Applicability of Part 5 of the Online Safety Act 2023
To: Ofcom
Date: 07/25/2025

Dear Ofcom,

We write to seek clarification regarding the applicability of the Online Safety Act 2023, Part 5, to our service.

We operate a search engine which indexes publicly available web content. We do not host, publish, upload, or curate any content ourselves, nor do we exercise editorial control over the third-party websites that may appear in our search results. Our role is strictly limited to indexing and referencing content that is already publicly accessible on the internet.

While we understand that Part 5 of the Act introduces age verification requirements for services that make pornographic content available, we note that the legislation and associated guidance suggest these provisions apply primarily to services that host or directly distribute such content. As a search engine, we do not fall into that category.

In particular, we refer to the distinction drawn in regulatory materials and case law between:

• content hosts and publishers, who have direct control over what is made available, and
• intermediaries such as search engines, who neither control nor originate the content to which users may be directed.

This distinction has been recognised in multiple legal precedents, including Google Spain v AEPD (C-131/12), Bennett v Google UK Ltd [2019] EWHC 109 (QB), and NT1 & NT2 v Google LLC [2018] EWHC 799 (QB), all of which affirm the limited legal responsibility of search engines in relation to third-party material.

In practice, we implement reasonable and proportionate measures to help users manage their experience, including:

• optional adult content filters;
• responsive removal mechanisms upon notice; and
• no indexing of known illegal content.

We would be grateful for confirmation that, under the current regulatory framework, our service is not considered to be in scope of the requirements under Part 5, given its nature and operational boundaries. We are, of course, committed to full compliance with applicable law and remain open to further dialogue should you consider any specific adjustments necessary.

For the sake of transparency and public accountability, we have published the text of this letter on our website: https://www.nudevista.com/ofcom.html. Should Ofcom wish to request any clarification, correction, or confidential handling, we remain open to such dialogue.

Yours sincerely,
Sortunity Milthon,
CTO, NudeVista.com
cto@nudevista.com