This is a web page hosted on Amazon S3: a major file-sharing service. As an internet service which allows users to upload content, such as messages and images, and allows other users to encounter that content, S3 is a "user-to-user service" under the UK Online Safety Act. Since S3 is broadly used throughout the UK (including by the UK government) it likely "has links with the United Kingdom", and ought to qualify as a "regulated user-to-user service". Note that under the OSA, a "user" of the service can be any visitor; "it does not matter whether a person is registered to use a service."
This web page also displays a pornographic image. Like all content on S3, it does not require any form of age assurance to view it. It would appear that Amazon S3 is therefore in breach of its safety duty under the OSA to implement highly effective age assurance to control access to pornographic user-to-user content.
As the UK telecommunications regulator, Ofcom has launched a series of investigations into file-sharing services and other services which allow pornography, which may ultimately culminate in fines of up to 18 million pounds, 10% of worldwide revenue, or forcing UK ISPs to block those services. The question is whether Ofcom is willing to take these actions against Amazon—potentially breaking a good swath of the UK internet in the process.
As a major file-sharing service, S3 is positively chock-full of pornography. Here, for example, is a fisting photograph from Robert Mapplethorpe's X Portfolio, helpfully uploaded by Sotheby's. Mapplethorpe's art famously spurred a cultural and legal struggle over obscenity law and censorship in the USA, paving the way for broader artistic expression. As a fellow leatherman (but far less-talented photographer) I hope this work can follow in his footsteps.
Sincerely,
—Kyle Kingsbury
Dear Ofcom,
Earlier this year, I asked a number of questions regarding Ofcom's interpretation of the Online Safety Act and the requirements for highly effective age verification---in particular, whether large file-sharing services like Amazon S3 would be banned in the UK under the law. Ofcom declined to address almost any of those questions. Given the prevalence of pornography on file-sharing services without any form of age restriction, and with Ofcom ramping up enforcement actions, I think the matter is particularly relevant today.
As a test case, I've written the following open letter, which includes pornography without an age restriction, and shared it publicly via S3. I am particularly curious whether Ofcom will consider enforcement action against Amazon--such as banning S3 in the UK, or fining the company 10% of global qualifying revenue. I would love to hear your thoughts.
http://ofcom.s3-website-us-east-1.amazonaws.com/
Questionably,
--Kyle Kingsbury
On 2025-09-12, Ofcom's Porn Supervision team responded with their usual specificity:
Classification: CONFIDENTIAL
Good afternoon,
Thank you for bringing your concerns regarding potential non-compliance with the Online Safety Act 2023 to our attention. We take all such reports seriously and appreciate your engagement.
Please note that we are not able to comment on individual complaints. We are also unable to provide legal advice regarding specific services.
For a complaint about a specific website, please ensure you use Ofcom’s complaint reporting form which can be found here.
Kind regards,
Porn Supervision Team
Incredibly, the form which Ofcom says you should use to report "a specific website" does not allow you to type the URL of any website whatsoever.
One wonders how Ofcom accepts email--which can contain arbitrary text and media--if it is too dangerous to accept URLs typed into a web form. I've reached out to Ofcom again to ask for clarification.
