Online Safety Act 2023

217 Power to impose duty about alternative dispute resolution procedure

(1) The Secretary of State may by regulations amend this Act for or in connection with the imposition on providers of Category 1 services of an ADR duty.

(2) An “ADR duty”—

(a) is a duty requiring providers of Category 1 services to arrange for and engage in an alternative dispute resolution procedure in specified circumstances for the resolution of disputes about their handling of relevant complaints, and

(b) may include a duty requiring such providers to meet the costs incurred by any other person in using a dispute resolution procedure which is so arranged.

(3) Complaints are “relevant” for the purposes of subsection (2)(a) if they—

(a) relate to a Category 1 service,

(b) are of a specified kind, and

(c) are made by persons of a specified kind.

(4) Regulations under this section may not be made before the publication of a statement by the Secretary of State responding to OFCOM’s report under section 160 (report about reporting and complaints procedures in use by providers of Part 3 services: see subsection (10) of that section).

(5) Before making regulations under this section the Secretary of State must consult—

(a) OFCOM,

(b) the Information Commissioner, and

(c) such other persons as the Secretary of State considers appropriate.

(6) If the power conferred by subsection (1) is exercised, the first regulations made under the power must—

(a) require the use of a dispute resolution procedure which is impartial, and

(b) prohibit the use of a dispute resolution procedure which restricts or excludes the availability of civil proceedings.

(7) Provision made by regulations under this section may have the effect that the duties set out in any or all of sections 21, 22 and 23 which apply in relation to duties imposed by other provisions of Chapter 2 of Part 3 are also to apply in relation to the ADR duty, and accordingly the regulations may amend—

(a) section 21(6),

(b) the definition of “safety measures and policies” in section 22(8), or

(c) the definition of “relevant duties” in section 23(11).

(8) The provisions of this Act that may be amended by the regulations in connection with the imposition of the ADR duty include, but are not limited to, the following provisions (in addition to those mentioned in subsection (7))—

(a) section 7(5),

(b) section 104(13)(a), and

(c) section 131(2).

(9) If the power conferred by subsection (1) is exercised, the first regulations made under the power must require OFCOM to—

(a) produce and publish guidance for providers of Category 1 services to assist them in complying with the ADR duty, and

(b) consult the Secretary of State, the Information Commissioner and such other persons as OFCOM consider appropriate before producing the guidance.

(10) Section 204(1) applies for the purposes of the references to Category 1 services in this section.

(11) In this section “specified” means specified in regulations under this section.

(12) For the meaning of “Category 1 service”, see section 95 (register of categories of services).