Online Safety Act 2023

82 OFCOM’s guidance about duties set out in section 81 U.K.

(1) OFCOM must produce guidance for providers of internet services within section 80(2) to assist them in complying with their duties set out in section 81.

(2) The guidance must include—

(a) examples of kinds and uses of age verification and age estimation that are, or are not, highly effective at correctly determining whether or not a particular user is a child,

(b) examples of ways in which a provider may have regard to the importance of protecting users as mentioned in section 81(4)(b),

(c) principles that OFCOM propose to apply when determining whether a provider has complied with each of the duties set out in section 81, and

(d) examples of circumstances in which OFCOM are likely to consider that a provider has not complied with each of those duties.

(3) The guidance may elaborate on the following principles governing the use of age verification or age estimation for the purpose of compliance with the duty set out in section 81(2)—

(a) the principle that age verification or age estimation should be easy to use;

(b) the principle that age verification or age estimation should work effectively for all users regardless of their characteristics or whether they are members of a certain group;

(c) the principle of interoperability between different kinds of age verification or age estimation.

(4) The guidance may refer to industry or technical standards for age verification or age estimation (where they exist).

(5) Before producing the guidance (including revised or replacement guidance), OFCOM must consult—

(a) the Secretary of State,

(b) persons who appear to OFCOM to represent providers of internet services within section 80(2),

(c) persons who appear to OFCOM to represent adult users of internet services within section 80(2),

(d) persons who appear to OFCOM to represent the interests of children (generally or with particular reference to online safety matters),

(e) the Information Commissioner,

(f) persons whom OFCOM consider to have expertise in innovation, or emerging technology, that is relevant to online safety matters, and

(g) such other persons as OFCOM consider appropriate.

(6) But if OFCOM propose to revise the guidance, and consider that the minor nature of the proposal means that consultation is unnecessary—

(a) OFCOM must notify the Secretary of State of the proposed changes, and

(b) if the Secretary of State agrees that it is appropriate, the consultation requirements set out in subsection (5) do not apply in relation to the proposed changes.

(7) OFCOM must keep the guidance under review.

(8) OFCOM must publish the guidance (and any revised or replacement guidance).

Commencement Information

I1 S. 82 in force at Royal Assent, see s. 240(4)(m)