Online Safety Act 2023 (c. 50) – Part 7 – OFCOM's powers and duties in relation to regulated services

Parts

Part 7OFCOM's powers and duties in relation to regulated services

Chapter 1 – General duties

Section 91General duties of OFCOM under section 3 of the Communications Act
(1) Section 3 of the Communications Act (general duties of OFCOM) is amended in accordance with subsections (2) to (8). (2) In subsection (2), after paragraph (f) insert—…
Section 92Duties in relation to strategic priorities
(1) This section applies where a statement has been designated under section 172(1) (Secretary of State’s statement of strategic priorities). (2) OFCOM must have regard to the statement…
Section 93Duty to carry out impact assessments
(1) Section 7 of the Communications Act (duty to carry out impact assessments) is amended as follows. (2) In subsection (2), at the beginning insert “Subject to subsection…

Chapter 2 – Register of categories of regulated user-to-user services and regulated search services

Section 94Meaning of threshold conditions etc
(1) Schedule 11 contains provision about regulations specifying the threshold conditions that a Part 3 service must meet to be included in the relevant part of the register…
Section 95Register of categories of certain Part 3 services
(1) As soon as reasonably practicable after the first regulations under Schedule 11 come into force, OFCOM must comply with subsections (2) to (4). (2) OFCOM must establish…
Section 96Duty to maintain register
(1) If regulations are made under paragraph 1(1) of Schedule 11 which amend or replace regulations previously made under that provision, OFCOM must, as soon as reasonably practicable…
Section 97List of emerging Category 1 services
(1) As soon as reasonably practicable after the first regulations under paragraph 1(1) of Schedule 11 come into force (regulations specifying Category 1 threshold conditions), OFCOM must comply…

Chapter 3 – Risk assessments of regulated user-to-user services and regulated search services

Section 98OFCOM’s register of risks, and risk profiles, of Part 3 services
(1) OFCOM must carry out risk assessments to identify and assess the following risks of harm presented by Part 3 services of different kinds— (a) the risks of…
Section 99OFCOM’s guidance about risk assessments
(1) As soon as reasonably practicable after OFCOM have published the first risk profiles relating to the illegality risks, OFCOM must produce guidance to assist providers of regulated…

Chapter 4 – Information

Section 100Power to require information
(1) OFCOM may by notice under this subsection require a person within subsection (5) to provide them with any information that they require for the purpose of exercising,…
Section 101Information in connection with an investigation into the death of a child
(A1) Subsection (C1) applies if a senior coroner (in England and Wales), a procurator fiscal (in Scotland) or a coroner (in Northern Ireland) (“the investigating authority”)— (a) notifies…
Section 102Information notices
(1) A notice given under section 100(1) or 101(C1) or (1) is referred to in this Act as an information notice. (2) An information notice may require information…
Section 103Requirement to name a senior manager
(1) This section applies where— (a) OFCOM give a provider of a regulated service an information notice, and (b) the provider is an entity. (2) OFCOM may include…
Section 104Reports by skilled persons
(1) OFCOM may exercise the powers in this section where they consider that it is necessary to do so for either of the following purposes— (a) assisting OFCOM…
Section 105Investigations
(1) If OFCOM open an investigation into whether a provider of a regulated service has failed, or is failing, to comply with any requirement mentioned in subsection (2),…
Section 106Power to require interviews
(1) The power conferred by this section is exercisable by OFCOM for the purposes of an investigation that they are carrying out into the failure, or possible failure,…
Section 107Powers of entry, inspection and audit
Schedule 12 makes provision about— (a) OFCOM’s powers of entry and inspection, and (b) the carrying out of audits by OFCOM.
Section 108Amendment of Criminal Justice and Police Act 2001
(1) The Criminal Justice and Police Act 2001 is amended as follows. (2) In section 57(1) (retention of seized items), after paragraph (t) insert— “(u) paragraph 8 of…
Section 109Offences in connection with information notices
(1) A person commits an offence if the person fails to comply with a requirement of an information notice. (2) It is a defence for a person charged…
Section 110Senior managers’ liability: information offences
(1) In this section “an individual named as a senior manager of an entity” means an individual who, as required by an information notice, is named as a…
Section 111Offences in connection with notices under Schedule 12
(1) A person commits an offence if the person fails without reasonable excuse to comply with a requirement of an audit notice. (2) A person commits an offence…
Section 112Other information offences
(1) A person commits an offence if the person intentionally obstructs or delays a person in the exercise of the power conferred by section 102(7)(a) (copying a document…
Section 113Penalties for information offences
(1) A person who commits an offence under section 109(1), 110(2) or 111(1) is liable— (a) on summary conviction in England and Wales, to a fine; (b) on…
Section 114Co-operation and disclosure of information: overseas regulators
(1) OFCOM may co-operate with an overseas regulator, including by disclosing online safety information to that regulator, for the purposes of— (a) facilitating the exercise by the overseas…
Section 115Disclosure of information
(1) Section 393 of the Communications Act (general restrictions on disclosure of information) is amended as follows. (2) In subsection (1)— (a) at the end of paragraph (c)…
Section 116Intelligence service information
(1) OFCOM may not disclose information received (directly or indirectly) from, or that relates to, an intelligence service unless the intelligence service consents to the disclosure. (2) If…
Section 117Provision of information to the Secretary of State
(1) Section 24B of the Communications Act (provision of information to assist in formulation of policy) is amended as follows. (2) In subsection (2)— (a) at the end…
Section 118Amendment of Enterprise Act 2002
In Schedule 15 to the Enterprise Act 2002 (enactments relevant to provisions about disclosure of information), at the appropriate place insert— “ Online Safety Act 2023.”
Section 119Information for users of regulated services
(1) Section 26 of the Communications Act (publication of information and advice for consumers etc) is amended as follows. (2) In subsection (2), after paragraph (d) insert— “(da)…
Section 120Admissibility of statements
(1) An explanation given, or information provided, by a person in response to a requirement imposed under or by virtue of section 100, 101 or 106 or paragraph…

Chapter 5 – Regulated user-to-user services and regulated search services: notices to deal with terrorism content and CSEA content

Section 121Notices to deal with terrorism content or CSEA content (or both)
(1) If OFCOM consider that it is necessary and proportionate to do so, they may give a notice described in subsection (2), (3) or (4) relating to a…
Section 122Requirement to obtain skilled person’s report
(1) OFCOM may give a notice under section 121(1) to a provider only after obtaining a report from a skilled person appointed by OFCOM under section 104(4). (2)…
Section 123Warning notices
(1) OFCOM may give a notice under section 121(1) to a provider relating to a service or part of a service only after giving a warning notice to…
Section 124Matters relevant to a decision to give a notice under section 121(1)
(1) This section specifies the matters which OFCOM must particularly consider in deciding whether it is necessary and proportionate to give a notice under section 121(1) relating to…
Section 125Notices under section 121(1): supplementary
(1) In this section “a notice” means a notice under section 121(1) (including a further notice under that provision). (2) If a provider is already using accredited technology…
Section 126Review and further notice under section 121(1)
(1) This section applies where OFCOM have given a provider of a Part 3 service a notice under section 121(1). (2) The power conferred by section 125(11) includes…
Section 127OFCOM’s guidance about functions under this Chapter
(1) OFCOM must produce guidance for providers of Part 3 services about how OFCOM propose to exercise their functions under this Chapter. (2) Before producing the guidance (including…
Section 128OFCOM’s annual report
(1) OFCOM must produce and publish an annual report about— (a) the exercise of their functions under this Chapter, and (b) technology which meets, or is in the…
Section 129Interpretation of this Chapter
In this Chapter— “search content” has the same meaning as in Part 3 (see section 57); “search results” has the meaning given by section 57(3); “terrorism content” and…

Chapter 6 – Enforcement powers

Section 130Provisional notice of contravention
(1) OFCOM may give a notice under this section (a “provisional notice of contravention”) relating to a regulated service to the provider of the service if they consider…
Section 131Requirements enforceable by OFCOM against providers of regulated services
(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…
Section 132Confirmation decisions
(1) This section applies if— (a) OFCOM have given a provisional notice of contravention to a person in relation to a failure to comply with a duty or…
Section 133Confirmation decisions: requirements to take steps
(1) A confirmation decision may require the person to whom it is given to take such steps as OFCOM consider appropriate (including steps relating to the use of…
Section 134Confirmation decisions: risk assessments
(1) This section applies if— (a) OFCOM are satisfied that a provider of a Part 3 service has failed to comply with a risk assessment duty, (b) based…
Section 135Confirmation decisions: children’s access assessments
(1) This section applies if OFCOM are satisfied that a provider of a Part 3 service has failed to comply with a duty set out in section 36…
Section 136Confirmation decisions: proactive technology
(1) This section sets out what powers OFCOM have to include in a confirmation decision a requirement to take steps to use a kind, or one of the…
Section 137Confirmation decisions: penalties
(1) A confirmation decision may require the person to whom it is given to do either or both of the following, depending on what was proposed in the…
Section 138Confirmation decisions: offences
(1) A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by the…
Section 139Penalty for failure to comply with confirmation decision
(1) This section applies if— (a) OFCOM have given a confirmation decision to a person, (b) the decision includes requirements of a kind described in section 133(1) (requirements…
Section 140Penalty for failure to comply with notice under section 121(1)
(1) This section applies if— (a) OFCOM have given a notice under section 121(1) relating to a Part 3 service to the provider of that service (notices to…
Section 141Non-payment of fee
(1) This section applies if— (a) the provider of a regulated service is liable to pay a fee to OFCOM under section 84 or Schedule 10 in respect…
Section 142Information to be included in notices under sections 140 and 141
(1) Subsection (2) applies in relation to— (a) a notice under section 140(2), and (b) a notice under section 141(2) stating that OFCOM propose to impose a penalty.…
Section 143Amount of penalties etc
Schedule 13 contains provision about the amount of penalties that OFCOM may impose under this Chapter, and makes further provision about such penalties.
Section 144Service restriction orders
(1) OFCOM may apply to the court for an order under this section (a “service restriction order”) in relation to a regulated service where they consider that— (a)…
Section 145Interim service restriction orders
(1) OFCOM may apply to the court for an interim order under this section (an “interim service restriction order”) in relation to a regulated service where they consider…
Section 146Access restriction orders
(1) OFCOM may apply to the court for an order under this section (an “access restriction order”) in relation to a regulated service where they consider that— (a)…
Section 147Interim access restriction orders
(1) OFCOM may apply to the court for an interim order under this section (an “interim access restriction order”) in relation to a regulated service where they consider…
Section 148Interaction with other action by OFCOM
(1) Where OFCOM apply for a business disruption order in respect of a failure by a provider of a regulated service to comply with an enforceable requirement, nothing…
Section 149Publication by OFCOM of details of enforcement action
(1) Subsections (2) and (3) apply where OFCOM have given a person (and not withdrawn) any of the following— (a) a confirmation decision; (b) a penalty notice under…
Section 150Publication by providers of details of enforcement action
(1) This section applies where— (a) OFCOM have given a person (and not withdrawn) any of the following— (i) a confirmation decision; (ii) a penalty notice under section…
Section 151OFCOM’s guidance about enforcement action
(1) OFCOM must produce guidance for providers of regulated services about how OFCOM propose to exercise their functions under this Chapter. (2) The guidance must, in particular, give…

Chapter 7 – Committees, research and reports

Section 152Advisory committee on disinformation and misinformation
(1) OFCOM must, in accordance with the following provisions of this section, exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002…
Section 153Functions of the Content Board
(1) Section 13 of the Communications Act (functions of the Content Board) is amended as follows. (2) At the beginning of subsection (2), insert “Subject to subsection (3A),”.…
Section 154Research about users’ experiences of regulated services
(1) Section 14 of the Communications Act (consumer research) is amended as follows. (2) After subsection (6A) insert— “(6B) OFCOM must make arrangements for ascertaining— (a) the state…
Section 154AInformation for research about online safety matters
(1) The Secretary of State may by regulations require providers of regulated services to provide information for purposes related to the carrying out of independent research into online…
Section 155Consumer 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)…
Section 156OFCOM’s statement about freedom of expression and privacy
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 steps…
Section 157OFCOM’s reports about use of age assurance
(1) OFCOM must produce and publish a report assessing— (a) how providers of regulated services have used age assurance for the purpose of compliance with their duties set…
Section 158OFCOM’s reports about news publisher content and journalistic content
(1) OFCOM must produce and publish a report assessing the impact of the regulatory framework provided for in this Act on the availability and treatment of news publisher…
Section 159OFCOM’s transparency reports
(1) OFCOM must produce transparency reports based on information contained in the transparency reports produced by providers of Part 3 services under section 77. (2) OFCOM’s transparency reports…
Section 160OFCOM’s report about reporting and complaints procedures
(1) OFCOM must produce a report assessing the measures taken or in use by providers of Part 3 services to enable users and others to— (a) report particular…
Section 161OFCOM’s report about use of app stores by children
(1) OFCOM must produce a report about the use of app stores by children. (2) In particular, the report must— (a) assess what role app stores play in…
Section 162OFCOM’s report about researchers’ access to information
(1) OFCOM must produce a report— (a) describing how, and to what extent, persons carrying out independent research into online safety matters are currently able to obtain information…
Section 163OFCOM’s report in connection with investigation into a death
(1) Subsection (2) applies if OFCOM receive— (a) a notice from a senior coroner under paragraph 1(2) of Schedule 5 to the Coroners and Justice Act 2009 in…
Section 164OFCOM’s reports
(1) OFCOM may from time to time produce and publish reports about online safety matters. (2) In publishing a report mentioned in subsection (5), OFCOM must have regard…

Chapter 8 – Media literacy

Section 165Media literacy
(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)…
Section 166Media literacy strategy and media literacy statement
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…

https://osa.digiphile.law/part/part-7.html

Text as at 5 November 2026.

This is an unofficial convenience version of the Online Safety Act 2023. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in November 2026.