Online Safety Act 2023

151 OFCOM’s guidance about enforcement action

(1) OFCOM must produce guidance for providers of regulated services about how OFCOM propose to exercise their functions under this Chapter.

(2) The guidance must, in particular, give information about the factors that OFCOM would consider it appropriate to take into account when taking, or considering taking, enforcement action relating to a person’s failure to comply with different kinds of enforceable requirements.

(3) In relation to any enforcement action by OFCOM which relates to a failure by a provider of a regulated service to comply with a relevant duty, the guidance must include provision explaining how OFCOM will take into account the impact (or possible impact) of such a failure on children.

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

(a) the Secretary of State,

(b) the Information Commissioner, and

(c) such other persons as OFCOM consider appropriate.

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

(6) Guidelines prepared by OFCOM under section 392 of the Communications Act (amount of penalties) may, so far as relating to penalties imposed under this Chapter, be included in the same document as guidance under this section.

(7) In exercising their functions under this Chapter, or deciding whether to exercise them, OFCOM must have regard to the guidance for the time being published under this section.

(8) In this section, a “relevant duty” means—

(a) a duty set out in section 10 or 27 (illegal content),

(b) a duty set out in section 12 or 29 (children’s online safety), or

(c) a duty set out in section 81(2) (children’s access to provider pornographic content).