Online Safety Act 2023

176 Secretary of State’s guidance U.K.

(1) The Secretary of State may issue guidance to OFCOM about—

(a) OFCOM’s exercise of their functions under this Act,

(b) OFCOM’s exercise of their powers under section 1(3) of the Communications Act (functions and general powers of OFCOM) to carry out research in connection with online safety matters or to arrange for others to carry out research in connection with such matters, and

(c) OFCOM’s exercise of their functions under section 11 of the Communications Act (media literacy) in relation to regulated services.

(2) In the rest of this section, “the guidance” means any such guidance as is mentioned in subsection (1), except that it does not include guidance under section 87 (guidance to OFCOM about fees).

(3) The Secretary of State must consult OFCOM before issuing, revising or replacing the guidance.

(4) The guidance may not be revised or replaced more frequently than once every three years unless—

(a) the guidance needs to be corrected because of an amendment, repeal or modification of any provision of this Act or of section 11 of the Communications Act, or

(b) the revision or replacement is by agreement between the Secretary of State and OFCOM.

(5) The guidance must be issued as one document.

(6) The Secretary of State must lay the guidance (including revised or replacement guidance) before Parliament.

(7) The Secretary of State must publish the guidance (and any revised or replacement guidance).

(8) In exercising any functions to which the guidance relates, or deciding whether to exercise them, OFCOM must have regard to the guidance for the time being published under this section.

Commencement Information

I1 S. 176 not in force at Royal Assent, see s. 240(1)

I2 S. 176 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z22)