Online Safety Act 2023

78 OFCOM’s guidance about transparency reports

(1) OFCOM must produce guidance about—

(a) how OFCOM will determine which information they will require transparency reports under section 77 to contain, including—

(i) the principles that they will apply in relation to each of the factors mentioned in paragraph 37 of Schedule 8, and

(ii) the steps that they will take to engage with providers of relevant services before requiring information in a notice under section 77(1);

(b) how information from transparency reports produced by providers of relevant services under section 77 will be used to produce OFCOM’s transparency reports (see section 159); and

(c) any other matter that OFCOM consider to be relevant to the production and publication of transparency reports under section 77 or 159.

(2) Before producing the guidance (including revised or replacement guidance), OFCOM must consult such of the following as they consider appropriate—

(a) providers of regulated user-to-user services, and of regulated search services,

(b) persons who appear to OFCOM to represent such providers,

(c) persons who appear to OFCOM to represent the interests of children (generally or with particular reference to online safety matters),

(d) persons whom OFCOM consider to have expertise in equality issues and human rights, in particular—

(i) the right to freedom of expression set out in Article 10 of the Convention, and

(ii) the right to respect for a person’s private and family life, home and correspondence set out in Article 8 of the Convention,

(e) the Information Commissioner,

(f) persons who appear to OFCOM to represent the interests of those with protected characteristics (within the meaning of Part 2 of the Equality Act 2010), and

(g) persons whom OFCOM consider to have expertise in the enforcement of the criminal law and the protection of national security that is relevant to online safety matters,

and OFCOM must also consult such other persons as OFCOM consider appropriate.

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

(4) In exercising their functions under section 77 or 159, OFCOM must have regard to the guidance for the time being published under this section.

(5) In this section, “relevant service” has the same meaning as in section 77 (see subsection (5) of that section).