Online Safety Act 2023

162 OFCOM’s report about researchers’ access to information

(1) OFCOM must produce a report—

(a) describing how, and to what extent, persons carrying out independent research into online safety matters are currently able to obtain information from providers of regulated services to inform their research,

(b) exploring the legal and other issues which currently constrain the sharing of information for such purposes, and

(c) assessing the extent to which greater access to information for such purposes might be achieved.

(2) For the purposes of this section a person carries out “independent research” if the person carries out research on behalf of a person other than a provider of a regulated service.

(3) In preparing the report, OFCOM must consult—

(a) the Information Commissioner,

(b) the Centre for Data Ethics and Innovation,

(c) United Kingdom Research and Innovation,

(d) persons who appear to OFCOM to represent providers of regulated services, and

(e) such other persons as OFCOM consider appropriate.

(4) OFCOM must publish the report within the period of 18 months beginning with the day on which this section comes into force.

(5) OFCOM must send a copy of the report to the Secretary of State, and the Secretary of State must lay it before Parliament.

(6) For further provision about the report under this section, see section 164.

(7) OFCOM must produce guidance about the matters dealt with by the report for providers of regulated services and persons carrying out independent research into online safety matters.

(8) Before producing the guidance (including revised guidance) OFCOM must consult the persons mentioned in subsection (3).

(9) OFCOM must publish the guidance (and any revised guidance).

(10) OFCOM must include in each transparency report under section 159 an assessment of the effectiveness of the guidance.