Online Safety Act 2023

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).”