Part 1Functions of OFCOM
Functions for the protection of consumers
I114Consumer research
1
OFCOM must make arrangements for ascertaining—
a
the state of public opinion from time to time about the manner in which electronic communications networks and electronic communications services are provided;
b
the state of public opinion from time to time about the manner in which associated facilities are made available;
c
the experiences of consumers in the markets for electronic communications services and associated facilities, in relation to the manner in which electronic communications networks and electronic communications services are provided and associated facilities made available;
d
the experiences of such consumers in relation to the handling, by communications providers and by persons making such facilities available, of complaints made to them by such consumers;
e
the experiences of such consumers in relation to the resolution of disputes with communications providers or with persons making associated facilities available; and
f
the interests and experiences of such consumers in relation to other matters that are incidental to, or are otherwise connected with, their experiences of the provision of electronic communications networks and electronic communications services or of the availability of associated facilities.
2
The matters to which the arrangements must relate do not include the incidence or investigation of interference (within the meaning of F2the Wireless Telegraphy Act 2006 ) with wireless telegraphy.
3
The matters to which the arrangements must relate do not (except so far as authorised or required by subsections (4) to (6)) include public opinion with respect to—
a
the contents of anything broadcast or otherwise published by means of an electronic communications network; or
b
the experiences or interests of consumers in any market for electronic communications services with respect to anything so broadcast or published.
4
OFCOM must make arrangements for ascertaining—
a
the state of public opinion from time to time concerning programmes included in television and radio services;
b
any effects of such programmes, or of other material published by means of the electronic media, on the attitudes or behaviour of persons who watch, listen to or receive the programmes or material; and
c
so far as necessary for the purpose mentioned in subsection (5), the types of programmes that members of the public would like to see included in television and radio services.
5
That purpose is the carrying out by OFCOM of their functions under Chapter 4 of Part 3 of this Act.
6
OFCOM must make arrangements for the carrying out of research into the following—
a
the matters mentioned in section 11(1) F5, (1A) and (1B);
b
matters relating to, or connected with, the setting of standards under section 319 of this Act;
c
matters relating to, or connected with, the observance of those standards by persons providing television and radio services;
d
matters relating to, or connected with, the prevention of unjust or unfair treatment in programmes included in such services; and
e
matters relating to, or connected with, the prevention of unwarranted infringements of privacy resulting from activities carried on for the purposes of such services.
F16A
OFCOM must make arrangements for ascertaining—
a
the state of public opinion from time to time about the way in which postal services are provided;
b
the experiences of consumers in the markets for postal services, in relation to the way in which those services are provided;
c
the experiences of such consumers in relation to the handling, by persons providing postal services, of complaints made to them by such consumers;
d
the experiences of such consumers in relation to the resolution of disputes with persons providing postal services;
e
the interests and experiences of such consumers in relation to matters that are incidental to or otherwise connected with their experiences of the provision of postal services.
F36B
OFCOM must make arrangements for ascertaining—
a
the state of public opinion from time to time concerning providers of regulated services and their manner of operating their services;
b
the experiences of United Kingdom users of regulated services in relation to their use of such services;
c
the experiences of United Kingdom users of regulated user-to-user services and regulated search services in relation to the handling of complaints made by them to providers of such services; and
d
the interests and experiences of United Kingdom users of regulated services in relation to matters that are incidental to or otherwise connected with their experiences of using such services.
6C
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 research that has been carried out in that year under subsection (6B).
7
Arrangements made by OFCOM for the purposes of this section may include arrangements for the carrying out of research in one or more of the following ways—
a
by members or employees of OFCOM;
b
by the Content Board;
c
in accordance with arrangements made by that Board;
d
by persons who are neither members nor employees of OFCOM.
8
In this section references to the publication of anything by means of the electronic media are references to its being—
a
broadcast so as to be available for reception by members of the public or of a section of the public; or
b
distributed by means of an electronic communications network to members of the public or of a section of the public.
F48A
In subsection (6B) the following terms have the same meaning as in the Online Safety Act 2023—
“provider” (see section 226 of that Act);
“regulated service”, “regulated user-to-user service” and “regulated search service” (see section 4 of that Act);
“United Kingdom user” (see section 227 of that Act).
9
This section does not restrict OFCOM’s power to make any arrangements they consider to be incidental or conducive to the carrying out of any of their functions.