Online Safety Act 2023

194 Time for publishing first guidance under certain provisions of this Act

(1) OFCOM must publish guidance to which this section applies within the period of 18 months beginning with the day on which this Act is passed.

(2) This section applies to—

(a) the first guidance under section 52(3)(a) (record-keeping and review);

(b) the first guidance under section 52(3)(b) (children’s access assessments);

(c) the first guidance under section 53(1) (content harmful to children);

(d) the first guidance under section 82 (provider pornographic content);

(e) the first guidance under section 99(1) (illegal content risk assessments under section 9);

(f) the first guidance under section 99(2) (illegal content risk assessments under section 26);

(g) the first guidance under section 99(3) (children’s risk assessments);

(h) the first guidance under section 151 (enforcement);

(i) the first guidance under section 193 relating to illegal content judgements within the meaning of subsection (2)(a) of that section (illegal content and fraudulent advertisements).

(3) If OFCOM consider that it is necessary to extend the period mentioned in subsection (1) in relation to guidance mentioned in any of paragraphs (a) to (i) of subsection (2), OFCOM may extend the period in relation to that guidance by up to 12 months by making and publishing a statement.

But this is subject to subsection (6).

(4) A statement under subsection (3) must set out—

(a) the reasons why OFCOM consider that it is necessary to extend the period mentioned in subsection (1) in relation to the guidance concerned, and

(b) the period of extension.

(5) A statement under subsection (3) may be published at the same time as (or incorporate) a statement under section 43(12) (extension of time to prepare certain codes of practice).

(6) But a statement under subsection (3) may not be made in relation to guidance mentioned in a particular paragraph of subsection (2) if—

(a) a statement has previously been made under subsection (3) (whether in relation to guidance mentioned in the same or a different paragraph of subsection (2)), or

(b) a statement has previously been made under section 43(12).