PART 7U.K.OFCOM's powers and duties in relation to regulated services

CHAPTER 6U.K.Enforcement powers

Provisional notices and confirmation decisionsU.K.

131Requirements enforceable by OFCOM against providers of regulated servicesU.K.

(1)References in this Chapter to “enforceable requirements” are to—

(a)the duties or requirements set out in the provisions of this Act specified in the table in subsection (2), and

(b)the requirements mentioned in subsection (3).

(2)Here is the table—

ProvisionSubject matter
Section 9Illegal content risk assessments
Section 10Illegal content
Section 11Children’s risk assessments
Section 12Children’s online safety
Section 14Assessments related to duty in section 15(2)
Section 15User empowerment
Section 17Content of democratic importance
Section 18News publisher content
Section 19Journalistic content
Section 20Content reporting
Section 21Complaints procedures
Section 22Freedom of expression and privacy
Section 23Record-keeping and review
Section 26Illegal content risk assessments
Section 27Illegal content
Section 28Children’s risk assessments
Section 29Children’s online safety
Section 31Content reporting
Section 32Complaints procedures
Section 33Freedom of expression and privacy
Section 34Record-keeping and review
Section 36Children’s access assessments
Section 38Fraudulent advertising
Section 39Fraudulent advertising
Section 64User identity verification
Section 66Reporting CSEA content to NCA
Section 71Acting against users only in accordance with terms of service
Section 72Terms of service
Section 75Information about use of service by deceased child users
Section 77(3) and (4)Transparency reports
Section 81Provider pornographic content
Section 83Fees: notification of OFCOM
Section 102(8)Information notices
Section 104(7)Assistance to skilled person
Section 105(1)Co-operation with investigation

(3)The requirements referred to in subsection (1)(b) are—

(a)requirements of a notice under section 104(5)(a) to appoint a skilled person;

(b)requirements of a notice given by virtue of section 175(3) (duty to make public statement);

(c)requirements of a notice under section 175(5) (information in connection with circumstances presenting a threat);

(d)requirements imposed by a person acting—

(i)in the exercise of powers conferred by paragraph 2 of Schedule 12 (entry and inspection without warrant), or

(ii)in the execution of a warrant issued under paragraph 5 of that Schedule.

Commencement Information

I1S. 131 not in force at Royal Assent, see s. 240(1)

I2S. 131 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z17)