Online Safety Act 2023

CHAPTER 7 Committees, research and reports

152 Advisory committee on disinformation and misinformation

(1) OFCOM must, in accordance with the following provisions of this section, exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (committees of OFCOM) to establish and maintain a committee to provide the advice specified in this section.

(2) The committee is to consist of—

(a) a chairman appointed by OFCOM, and

(b) such number of other members appointed by OFCOM as OFCOM consider appropriate.

(3) In appointing persons to be members of the committee, OFCOM must have regard to the desirability of ensuring that the members of the committee include—

(a) persons representing the interests of United Kingdom users of regulated services,

(b) persons representing providers of regulated services, and

(c) persons with expertise in the prevention and handling of disinformation and misinformation online.

(4) The function of the committee is to provide advice to OFCOM (including other committees established by OFCOM) about—

(a) how providers of regulated services should deal with disinformation and misinformation on such services,

(b) OFCOM’s exercise of the power conferred by section 77 to require information about a matter listed in Part 1 or 2 of Schedule 8, so far as relating to disinformation and misinformation, and

(c) OFCOM’s exercise of their functions under section 11 of the Communications Act (duties to promote media literacy) in relation to countering disinformation and misinformation on regulated services.

(5) The committee must publish a report within the period of 18 months after being established, and after that must publish periodic reports.

153 Functions of the Content Board

(1) Section 13 of the Communications Act (functions of the Content Board) is amended as follows.

(2) At the beginning of subsection (2), insert “Subject to subsection (3A),”.

(3) After subsection (3) insert—

“(3A) OFCOM may, but need not, confer on the Content Board functions in relation to matters that concern the nature or kind of online content in relation to which OFCOM have functions under the Online Safety Act 2023 (see Parts 3 and 5 of that Act).”

(4) After subsection (7) insert—

“(8) In this section references to “matters mentioned in subsection (2)” do not include references to the matters mentioned in subsection (3A).”

154 Research about users’ experiences of regulated services

(1) Section 14 of the Communications Act (consumer research) is amended as follows.

(2) After subsection (6A) insert—

“(6B) OFCOM must make arrangements for ascertaining—

(a) the state of public opinion from time to time concerning providers of regulated services and their manner of operating their services;

(b) the experiences of United Kingdom users of regulated services in relation to their use of such services;

(c) the experiences of United Kingdom users of regulated user-to-user services and regulated search services in relation to the handling of complaints made by them to providers of such services; and

(d) the interests and experiences of United Kingdom users of regulated services in relation to matters that are incidental to or otherwise connected with their experiences of using such services.

(6C) OFCOM’s report under paragraph 12 of the Schedule to the Office of Communications Act 2002 for each financial year must contain a statement by OFCOM about the research that has been carried out in that year under subsection (6B).”

(3) After subsection (8) insert—

“(8A) In subsection (6B) the following terms have the same meaning as in the Online Safety Act 2023—

• “provider” (see section 226 of that Act);

• “regulated service”, “regulated user-to-user service” and “regulated search service” (see section 4 of that Act);

• “United Kingdom user” (see section 227 of that Act).”

155 Consumer consultation

(1) Section 16 of the Communications Act (consumer consultation) is amended as follows.

(2) In subsection (4), after paragraph (d) insert—

“(da) regulated services;”.

(3) After subsection (5) insert—

“(5A) As regards OFCOM’s functions under the Online Safety Act 2023 in relation to regulated services—

(a) the reference in subsection (5) to “the contents” of a thing includes a reference to specific pieces of online content, but

(b) subsection (5) is not to be read as preventing the Consumer Panel from being able to give advice about any matter that more generally concerns—

(i) different kinds of online content in relation to which OFCOM have functions under that Act (see Parts 3 and 5 of that Act), and

(ii) the impact that different kinds of such content may have on United Kingdom users of regulated services.”

(4) After subsection (12) insert—

“(12A) OFCOM’s report under paragraph 12 of the Schedule to the Office of Communications Act 2002 for each financial year must contain a statement by OFCOM about the arrangements for consultation that have been made in that year under this section, so far as the arrangements relate to regulated services.”

(5) In subsection (13), in the definition of “domestic and small business consumer”, in paragraph (b)(i), after “available” insert “or a provider of a regulated service”.

(6) After subsection (13) insert—

“(14) In this section the following terms have the same meaning as in the Online Safety Act 2023—

• “provider”, in relation to a regulated service (see section 226 of that Act);

• “regulated service” (see section 4 of that Act);

• “United Kingdom user” (see section 227 of that Act).”

156 OFCOM’s statement about freedom of expression and privacy

OFCOM’s report under paragraph 12 of the Schedule to the Office of Communications Act 2002 for each financial year must contain a statement by OFCOM about the steps they have taken, and the processes they operate, to ensure that their online safety functions have been exercised in that year compatibly with Articles 8 and 10 of the Convention (so far as relevant).

157 OFCOM’s reports about use of age assurance

(1) OFCOM must produce and publish a report assessing—

(a) how providers of regulated services have used age assurance for the purpose of compliance with their duties set out in this Act,

(b) how effective the use of age assurance has been for that purpose, and

(c) whether there are factors that have prevented or hindered the effective use of age assurance, or a particular kind of age assurance, for that purpose,

(and in this section, references to a report are to a report described in this subsection).

(2) A report must, in particular, consider whether the following have prevented or hindered the effective use of age assurance—

(a) the costs to providers of using it, and

(b) the need to protect users from a breach of any statutory provision or rule of law concerning privacy that is relevant to the use or operation of a regulated service (including, but not limited to, any such provision or rule concerning the processing of personal data).

(3) Unless the Secretary of State requires the production of a further report (see subsection (6)), the requirement in subsection (1) is met by producing and publishing one report within the period of 18 months beginning with the day on which sections 12 and 81(2) come into force (or if those provisions come into force on different days, the period of 18 months beginning with the later of those days).

(4) In preparing a report, OFCOM must consult—

(a) the Information Commissioner, and

(b) such other persons as OFCOM consider appropriate.

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

(6) The Secretary of State may require OFCOM to produce and publish a further report in response to—

(a) the development of age assurance technology, or

(b) evidence of the reduced effectiveness of such technology.

(7) But such a requirement may not be imposed—

(a) within the period of three years beginning with the date on which the first report is published, or

(b) more frequently than once every three years.

(8) For further provision about reports under this section, see section 164.

(9) In this section “age assurance” means age verification or age estimation.

158 OFCOM’s reports about news publisher content and journalistic content

(1) OFCOM must produce and publish a report assessing the impact of the regulatory framework provided for in this Act on the availability and treatment of news publisher content and journalistic content on Category 1 services (and in this section, references to a report are to a report described in this subsection).

(2) Unless the Secretary of State requires the production of a further report (see subsection (6)), the requirement in subsection (1) is met by producing and publishing one report within the period of two years beginning with the day on which sections 18 and 19 come into force (or if those sections come into force on different days, the period of two years beginning with the later of those days).

(3) A report must, in particular, consider how effective the duties to protect such content set out in sections 18 and 19 are at protecting it.

(4) In preparing a report, OFCOM must consult—

(a) persons who represent recognised news publishers,

(b) persons who appear to OFCOM to represent creators of journalistic content,

(c) persons who appear to OFCOM to represent providers of Category 1 services, and

(d) such other persons as OFCOM consider appropriate.

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

(6) The Secretary of State may require OFCOM to produce and publish a further report if the Secretary of State considers that the regulatory framework provided for in this Act is, or may be, having a detrimental effect on the availability and treatment of news publisher content or journalistic content on Category 1 services.

(7) But such a requirement may not be imposed—

(a) within the period of three years beginning with the date on which the first report is published, or

(b) more frequently than once every three years.

(8) For further provision about reports under this section, see section 164.

(9) In this section—

• “journalistic content” has the meaning given by section 19;

• “news publisher content” has the meaning given by section 55;

• “recognised news publisher” has the meaning given by section 56.

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

159 OFCOM’s transparency reports

(1) OFCOM must produce transparency reports based on information contained in the transparency reports produced by providers of Part 3 services under section 77.

(2) OFCOM’s transparency reports must contain—

(a) a summary of conclusions drawn from the transparency reports produced under section 77 regarding patterns or trends which OFCOM have identified in such reports,

(b) a summary of measures mentioned in such transparency reports which OFCOM consider to be good industry practice, and

(c) any other information from such transparency reports which OFCOM consider it appropriate to include.

(3) OFCOM’s first transparency report must be published by the end of the period of one year beginning with—

(a) the day on which the first report under section 77 is published by a provider of a Part 3 service (see subsection (3)(d) of that section), or

(b) if later, the earliest date specified by OFCOM for submission of a report under section 77 in a notice given to a provider (see subsection (3)(c) of that section).

(4) OFCOM must publish a transparency report at least once a year after the publication of their first transparency report.

(5) For further provision about reports under this section, see section 164.

160 OFCOM’s report about reporting and complaints procedures

(1) OFCOM must produce a report assessing the measures taken or in use by providers of Part 3 services to enable users and others to—

(a) report particular kinds of content present on such services, and

(b) make complaints to providers of such services.

(2) OFCOM’s report must take into account the experiences of users and others in reporting content and making complaints to providers of Part 3 services, including—

(a) how clear the procedures are for reporting content and making complaints,

(b) how easy it is to do those things, and

(c) whether providers are taking appropriate and timely action in response to reports and complaints that are made.

(3) The report must include advice from OFCOM about whether they consider that the Secretary of State should make regulations under section 217 (duty about alternative dispute resolution procedure).

(4) In the report, OFCOM may make recommendations that they consider would improve the experiences of users and others in reporting content or making complaints to providers of Part 3 services, or would deliver better outcomes in relation to reports or complaints that are made.

(5) In preparing the report under this section, OFCOM must consult—

(a) the Secretary of State,

(b) persons who appear to OFCOM to represent the interests of United Kingdom users of Part 3 services,

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

(d) the Information Commissioner, and

(e) such other persons as OFCOM consider appropriate.

(6) The report may draw on OFCOM’s research under section 14 of the Communications Act (see subsection (6B) of that section).

(7) The report is not required to address any matters which are the subject of a report by OFCOM under section 158 (report about the availability and treatment of news publisher content and journalistic content).

(8) OFCOM must publish the report within the period of two years beginning with the day on which this section comes into force.

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

(10) The Secretary of State must publish a statement responding to the report within the period of three months beginning with the day on which the report is published, and the statement must include a response to OFCOM’s advice about whether to make regulations under section 217.

(11) The statement must be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons who may be affected by it.

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

(13) References in this section to “users and others” are to United Kingdom users and individuals in the United Kingdom.

161 OFCOM’s report about use of app stores by children

(1) OFCOM must produce a report about the use of app stores by children.

(2) In particular, the report must—

(a) assess what role app stores play in children encountering content that is harmful to children, search content that is harmful to children or regulated provider pornographic content by means of regulated apps which the app stores make available,

(b) assess the extent to which age assurance is currently used by providers of app stores, and how effective it is, and

(c) explore whether children’s online safety would be better protected by the greater use of age assurance or particular kinds of age assurance by such providers, or by other measures.

(3) OFCOM must publish the report during the period beginning two years, and ending three years, after the day on which sections 12 and 29 come into force (or if those sections come into force on different days, the later of those days).

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

(5) In this section—

• “age assurance” means age verification or age estimation;

• “app” includes an app for use on any kind of device, and “app store” is to be read accordingly;

• “content that is harmful to children” has the same meaning as in Part 3 (see section 60);

• “regulated app” means an app for a regulated service;

• “regulated provider pornographic content” has the same meaning as in Part 5 (see section 79);

• “search content” has the same meaning as in Part 3 (see section 57).

(6) In this section references to children are to children in the United Kingdom.

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.

163 OFCOM’s report in connection with investigation into a death

(1) Subsection (2) applies if OFCOM receive—

(a) a notice from a senior coroner under paragraph 1(2) of Schedule 5 to the Coroners and Justice Act 2009 in connection with an investigation into the death of a person;

(b) a request for information in connection with the investigation of a procurator fiscal into, or an inquiry held or to be held in relation to, the death of a person;

(c) a notice from a coroner under section 17A(2) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) in connection with—

(i) an investigation to determine whether an inquest into the death of a person is necessary, or

(ii) an inquest in relation to the death of a person.

(2) OFCOM may produce a report for use by the coroner or procurator fiscal, dealing with any matters that they consider may be relevant.

(3) In subsection (1)(b) “inquiry” means an inquiry held, or to be held, under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2).

164 OFCOM’s reports

(1) OFCOM may from time to time produce and publish reports about online safety matters.

(2) In publishing a report mentioned in subsection (5), OFCOM must have regard to the need to exclude from publication, so far as that is practicable, the matters which are confidential in accordance with subsections (3) and (4).

(3) A matter is confidential under this subsection if—

(a) it relates specifically to the affairs of a particular body, and

(b) publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

(4) A matter is confidential under this subsection if—

(a) it relates to the private affairs of an individual, and

(b) publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

(5) The reports referred to in subsection (2) are—

(a) a report under section 128 (report in connection with notices to deal with terrorism content and CSEA content),

(b) a report under section 157 (report about use of age assurance),

(c) a report under section 158 (report about news publisher content and journalistic content),

(d) a report under section 159 (transparency report),

(e) a report under section 160 (report about reporting and complaints procedures),

(f) a report under section 161 (report about use of app stores by children),

(g) a report under section 162 (report about researchers’ access to information), and

(h) a report produced under this section.

(6) See also section 116(3) (restriction on publishing intelligence service information).