Online Safety Act 2023

102 Information notices

(1) A notice given under section 100(1) or 101(1) is referred to in this Act as an information notice.

(2) An information notice may require information in any form (including in electronic form).

(3) An information notice must—

(a) specify or describe the information to be provided,

(b) specify why OFCOM require the information,

(c) specify the form and manner in which it must be provided, and

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

(4) An information notice must specify when the information must be provided (which may be on or by a specified date, within a specified period, or at specified intervals).

(5) An information notice requiring a person to take steps of a kind mentioned in section 100(3) must give the person at least seven days’ notice before the steps are required to be taken.

(6) An information notice may specify a place at which, and a person to whom, information is to be provided.

(7) A person to whom a document is produced in response to an information notice may—

(a) take copies of, or extracts from, the document;

(b) require the person producing the document, or a person who is or was an officer of that person, or (in the case of a partnership) a person who is or was a partner, to give an explanation of it.

(8) A person to whom an information notice is given has a duty—

(a) to act in accordance with the requirements of the notice, and

(b) to ensure that the information provided is accurate in all material respects.

(9) OFCOM may cancel an information notice by notice to the person to whom it was given.

(10) In this section—

• “information” includes documents, and any reference to providing information includes a reference to producing a document;

• “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.

(11) In relation to information recorded otherwise than in a legible form, references in this section to producing a document are to producing a copy of the information—

(a) in a legible form, or

(b) in a form from which it can readily be produced in a legible form.