Online Safety Act 2023

Investigations and interviews U.K.

105 Investigations U.K.

(1) If OFCOM open an investigation into whether a provider of a regulated service has failed, or is failing, to comply with any requirement mentioned in subsection (2), the provider must co-operate fully with the investigation.

(2) The requirements are—

(a) a requirement imposed by a notice under section 121(1) (notices to deal with terrorism content and CSEA content), and

(b) an enforceable requirement as defined in section 131 (except the requirement in subsection (1) of this section).

Commencement Information

I1 S. 105 not in force at Royal Assent, see s. 240(1)

I2 S. 105 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z9)

106 Power to require interviews U.K.

(1) The power conferred by this section is exercisable by OFCOM for the purposes of an investigation that they are carrying out into the failure, or possible failure, of a provider of a regulated service to comply with a relevant requirement.

(2) OFCOM may give an individual within subsection (4) a notice requiring the individual—

(a) to attend at a time and place specified in the notice, and

(b) to answer questions and provide explanations about any matter relevant to the investigation.

(3) A notice under this section must—

(a) indicate the subject matter and purpose of the interview, and

(b) contain information about the consequences of not complying with the notice.

(4) The individuals within this subsection are—

(a) if the provider of the service is an individual or individuals, that individual or those individuals,

(b) an officer of the provider of the service,

(c) if the provider of the service is a partnership, a partner,

(d) an employee of the provider of the service, and

(e) an individual who was within any of paragraphs (a) to (d) at a time to which the required information or explanation relates.

(5) If OFCOM give a notice to an individual within subsection (4)(b), (c) or (d), they must give a copy of the notice to the provider of the service.

(6) An individual is not required under this section to disclose information in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings.

(7) In this section—

• “officer”, in relation to an entity, includes a director, a manager, an associate, a secretary or, where the affairs of the entity are managed by its members, a member;

• “relevant requirement” has the meaning given by section 104(13).

Commencement Information

I3 S. 106 not in force at Royal Assent, see s. 240(1)

I4 S. 106 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z9)