Online Safety Act 2023

Procedure for first regulations under paragraph 1

2 (1) This paragraph describes the procedure that must be followed in relation to the making of the first regulations under each of sub-paragraphs (1), (2) and (3) of paragraph 1.

(2) In the case of regulations under paragraph 1(1), within the period of six months beginning with the day on which this Act is passed, OFCOM must carry out research into—

(a) how easily, quickly and widely regulated user-generated content is disseminated by means of regulated user-to-user services,

(b) the number of users and functionalities of the user-to-user part of such services, and

(c) such other characteristics of that part of such services or factors relating to that part of such services as OFCOM consider to be relevant to specifying the Category 1 threshold conditions.

(3) In the case of regulations under paragraph 1(2), within the period of six months beginning with the day on which this Act is passed, OFCOM must carry out research into the following aspects of the search engine of regulated search services and combined services—

(a) the prevalence of search content that is illegal content and search content that is harmful to children,

(b) the number of users of the search engine, and

(c) such other characteristics or factors as OFCOM consider to be relevant to specifying the Category 2A threshold conditions.

(4) In the case of regulations under paragraph 1(3), within the period of six months beginning with the day on which this Act is passed, OFCOM must carry out research into—

(a) the dissemination of illegal content and content that is harmful to children by means of regulated user-to-user services,

(b) the number of users and functionalities of the user-to-user part of such services, and

(c) such other characteristics of that part of such services or factors relating to that part of such services as OFCOM consider to be relevant to specifying the Category 2B threshold conditions.

(5) OFCOM must provide the Secretary of State with advice based on the research under sub-paragraph (2), (3) or (4) (as the case may be) as to the provision which OFCOM consider it is appropriate for the regulations in question to make.

(6) Such advice may include advice that the regulations should include another characteristic or factor in addition to number of users and (in the case of regulations under paragraph 1(1) or (3)) functionalities, and what that other characteristic or factor should be.

(7) As soon as reasonably practicable after OFCOM provide advice as mentioned in sub-paragraph (5)—

(a) OFCOM must publish the advice, and

(b) the Secretary of State must make the regulations.

(8) If the regulations include provision which differs in any material respect from provision advised by OFCOM, the Secretary of State must publish a statement which explains why the Secretary of State has departed from that advice.

(9) A statement mentioned in sub-paragraph (8) must be published—

(a) no later than the time at which the regulations to which the statement relates are made, and

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

(10) The Secretary of State may give OFCOM extra time to carry out their research in the case of regulations under paragraph 1(2) or (3), but OFCOM must carry out such research within the period of 18 months beginning with the day on which this Act is passed.

(11) The Secretary of State may not make regulations under paragraph 1 until OFCOM have carried out research and provided advice to the Secretary of State as required by this paragraph.