Online Safety Act 2023

Guidance

52 OFCOM’s guidance about certain duties in Part 3

(1) OFCOM must produce guidance for providers of Category 1 services to assist them in complying with their duties set out in section 14 (assessments related to the adult user empowerment duty set out in section 15(2)).

(2) OFCOM must produce guidance for providers of Category 1 services to assist them in complying with their duties set out in section 18 (news publisher content).

(3) OFCOM must produce guidance for providers of Part 3 services to assist them in complying with—

(a) their duties set out in section 23 or 34, except the duty set out in section 23(10) or 34(9) (record-keeping and review), and

(b) their duties set out in section 36 (children’s access assessments).

(4) Before producing guidance under subsection (1) or (3) (including revised or replacement guidance), OFCOM must consult the Information Commissioner.

(5) OFCOM must publish guidance under this section (and any revised or replacement guidance).

53 OFCOM’s guidance: content that is harmful to children and user empowerment

(1) OFCOM must produce guidance for providers of Part 3 services which contains examples of content or kinds of content that OFCOM consider to be, or consider not to be—

(a) primary priority content that is harmful to children, or

(b) priority content that is harmful to children.

(2) OFCOM must produce guidance for providers of Category 1 services which contains examples of content or kinds of content that OFCOM consider to be, or consider not to be, content to which section 15(2) applies (see section 16).

(3) Before producing any guidance under this section (including revised or replacement guidance), OFCOM must consult such persons as they consider appropriate.

(4) OFCOM must publish guidance under this section (and any revised or replacement guidance).

54 OFCOM’s guidance about protecting women and girls

(1) OFCOM must produce guidance for providers of Part 3 services which focuses on content and activity—

(a) in relation to which such providers have duties set out in this Part or Part 4, and

(b) which disproportionately affects women and girls.

(2) The guidance may, among other things—

(a) contain advice and examples of best practice for assessing risks of harm to women and girls from content and activity mentioned in subsection (1), and for reducing such risks;

(b) refer to provisions contained in a code of practice under section 41 which are particularly relevant to the protection of women and girls from such content and activity.

(3) Before producing the guidance (including revised or replacement guidance), OFCOM must consult—

(a) the Commissioner for Victims and Witnesses,

(b) the Domestic Abuse Commissioner, and

(c) such other persons as OFCOM consider appropriate.

(4) OFCOM must publish the guidance (and any revised or replacement guidance).