Ofcom is seeking evidence on the research they will need to carry out to prepare their advice to Government on categorising regulated services under new Online Safety laws.
A call for evidence has been issued, providing an opportunity for interested parties to submit information and evidence relevant to the Online Safety Bill. The bill aims to establish certain obligations for online services such as social media sites, messaging apps, and search engines. These services will be required to identify risks to users and implement measures to protect them from specific types of harm that can occur online.
Ofcom, the UK’s communications regulator, will play a crucial role in providing guidance and codes of practice to assist companies in fulfilling their duties under the bill. Websites and apps falling within the bill’s scope will have the responsibility to protect all their users in the UK from illegal content. Additionally, where applicable, they must take steps to protect children from certain online harms.
To ensure effective implementation, the bill introduces different categories for services based on specific thresholds established by the government through secondary legislation. Services will be classified as Category 1, 2A, or 2B, with each category carrying additional requirements. This may include the production of transparency reports, among other obligations.
Once the new laws come into effect, Ofcom will be mandated to conduct research aimed at advising the government on the thresholds set in secondary legislation. Utilising this research, Ofcom will compile a list of services falling under each category. The determination of thresholds for Category 1 and 2B will consider factors such as user numbers and functionalities, while Category 2A will primarily focus on user numbers.
The call for evidence invites interested parties to provide comments, information, and evidence by 5 pm on 12 September 2023. Specifically, the regulators seek input from industry experts regarding how companies measure user numbers on the relevant user-to-user sections of their services. Recognising the diversity of online services, they understand that the definition of a user may vary across different platforms. Engaging openly with industry and stakeholders is vital at this early stage to ensure a well-informed approach to categorisation that incorporates diverse perspectives.
Another call for evidence will be published later this year, focusing on the duties that will apply to categorised services.