Online Safety Act 2023

CHAPTER 8 U.K. Media literacy

165 Media literacy U.K.

(1) Section 11 of the Communications Act is amended in accordance with subsections (2) to (5).

(2) Before subsection (1) insert—

“(A1) In this section—

(a) subsection (1) imposes duties on OFCOM which apply in relation to material published by means of the electronic media (including by means of regulated services), and

(b) subsections (1A) to (1E) expand on those duties, and impose further duties on OFCOM, in relation to regulated services only.”

(3) After subsection (1) insert—

“(1A) OFCOM must take such steps, and enter into such arrangements, as they consider most likely to be effective in heightening the public’s awareness and understanding of ways in which they can protect themselves and others when using regulated services, in particular by helping them to—

(a) understand the nature and impact of harmful content and the harmful ways in which regulated services may be used, especially content and activity disproportionately affecting particular groups, including women and girls;

(b) reduce their and others’ exposure to harmful content and to the use of regulated services in harmful ways, especially content and activity disproportionately affecting particular groups, including women and girls;

(c) use or apply—

(i) features included in a regulated service, including features mentioned in section 15(2) of the Online Safety Act 2023, and

(ii) tools or apps, including tools such as browser extensions,

so as to mitigate the harms mentioned in paragraph (b);

(d) establish the reliability, accuracy and authenticity of content;

(e) understand the nature and impact of disinformation and misinformation, and reduce their and others’ exposure to it;

(f) understand how their personal information may be protected.

(1B) OFCOM must take such steps, and enter into such arrangements, as they consider most likely to encourage the development and use of technologies and systems for supporting users of regulated services to protect themselves and others as mentioned in paragraph (a), (b), (c), (d) or (e) of subsection (1A), including technologies and systems which—

(a) provide further context to users about content they encounter;

(b) help users to identify, and provide further context about, content of democratic importance present on regulated user-to-user services;

(c) signpost users to resources, tools or information raising awareness about how to use regulated services so as to mitigate the harms mentioned in subsection (1A)(b).

(1C) OFCOM’s duty under subsection (1A) is to be performed in the following ways (among others)—

(a) pursuing activities and initiatives,

(b) commissioning others to pursue activities and initiatives,

(c) taking steps designed to encourage others to pursue activities and initiatives, and

(d) making arrangements for the carrying out of research (see section 14(6)(a)).

(1D) OFCOM must draw up, and from time to time review and revise, a statement recommending ways in which others, including providers of regulated services, might develop, pursue and evaluate activities or initiatives relevant to media literacy in relation to regulated services.

(1E) OFCOM must publish the statement and any revised statement in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it.”

(4) After subsection (2) insert—

“(3) In this section and in section 11A, “regulated service” means—

(a) a regulated user-to-user service, or

(b) a regulated search service.

“Regulated user-to-user service” and “regulated search service” have the same meaning as in the Online Safety Act 2023 (see section 4 of that Act).

(4) In this section—

(a) “content”, in relation to regulated services, means regulated user-generated content, search content or fraudulent advertisements;

(b) the following terms have the same meaning as in the Online Safety Act 2023—

• “content of democratic importance” (see section 17 of that Act);

• “fraudulent advertisement” (see sections 38 and 39 of that Act);

• “harm” (see section 234 of that Act) (and “harmful” is to be interpreted consistently with that section);

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

• “regulated user-generated content” (see section 55 of that Act);

• “search content” (see section 57 of that Act).”

(5) In the heading, for “Duty” substitute “Duties”.

(6) In section 14 of the Communications Act (consumer research), in subsection (6)(a), after “11(1)” insert “, (1A) and (1B)”.

Commencement Information

I1 S. 165 not in force at Royal Assent, see s. 240(1)

I2 S. 165 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z19)

166 Media literacy strategy and media literacy statement U.K.

After section 11 of the Communications Act insert—

“11A Regulated services: media literacy strategy and media literacy statement

(1) OFCOM must prepare and publish a media literacy strategy within the period of one year beginning with the day on which the Online Safety Act 2023 is passed.

(2) A media literacy strategy is a plan setting out how OFCOM propose to exercise their functions under section 11 in the period covered by the plan, which must be not more than three years.

(3) In particular, a media literacy strategy must state OFCOM’s objectives and priorities for the period it covers.

(4) Before the end of the period covered by a media literacy strategy, OFCOM must prepare and publish a media literacy strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one.

(5) In preparing or revising a media literacy strategy, OFCOM must consult such persons as they consider appropriate.

(6) OFCOM’s annual report must contain a media literacy statement.

(7) A media literacy statement is a statement by OFCOM—

(a) summarising what they have done in the financial year to which the report relates in the exercise of their functions under section 11, and

(b) assessing what progress has been made towards achieving the objectives and priorities set out in their media literacy strategy in that year.

(8) A media literacy statement must include a summary and an evaluation of the activities and initiatives pursued or commissioned by OFCOM in the exercise of their functions under section 11 in the financial year to which the report relates.

(9) The first annual report that is required to contain a media literacy statement is the report for the financial year during which OFCOM’s first media literacy strategy is published, and that first statement is to relate to the period from publication day until the end of that financial year.

(10) But if OFCOM’s first media literacy strategy is published during the second half of a financial year—

(a) the first annual report that is required to contain a media literacy statement is the report for the next financial year, and

(b) that first statement is to relate to the period from publication day until the end of that financial year.

(11) References in this section to OFCOM’s functions under section 11 are to those functions so far as they relate to regulated services.

(12) In this section—

• “annual report” means OFCOM’s annual report under paragraph 12 of the Schedule to the Office of Communications Act 2002;

• “financial year” means a year ending with 31 March.”

Commencement Information

I3 S. 166 not in force at Royal Assent, see s. 240(1)

I4 S. 166 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z19)