Ofcom has published an update on its preparations to regulate online safety, including revised timescales and key changes since the roadmap was released.
The phased approach to codes and guidance consultations remains, with adjustments to the previously estimated timings. Royal Assent is now expected in autumn 2023.
Key developments in the preparations include:
Phase One: Illegal Harms Duties Ofcom plans to publish draft codes of practice shortly after its powers commence. These codes will outline measures for regulated services to mitigate the risks of illegal harm. Additionally, a register of risks related to illegal content, draft guidance on risk assessments and identifying illegal content, and enforcement guidelines will be made available.
Phase Two: Child Safety Duties and Pornography Draft guidance on age assurance for online pornography services will be open for review and response in autumn 2023. Around six months after Ofcom’s powers commence, draft codes of practice for child protection will be published for regulated services and stakeholders to provide feedback. Consultations on a register of risks and risk profiles related to harms to children, as well as guidance on risk assessments for children’s harms, are also planned.
Phase Three: Transparency, User Empowerment, and Other Duties on Categorized Platforms Additional requirements will apply to designated Category 1, 2A, or 2B services based on thresholds set in secondary legislation. These obligations include producing transparency reports, providing user empowerment tools, operating in line with terms of service, safeguarding certain journalistic content, and preventing fraudulent advertising. Ofcom will compile a register of categorized services based on government-defined thresholds. Consultations on duties for categorized services and transparency guidance will follow.
Introducing the Online Safety Group (OSG) Ofcom launched the Online Safety Group on April 1, 2023, led by Gill Whitehead as Group Director. The OSG comprises policy development, strategy delivery, supervision, and technology teams. It focuses on developing policy positions, coordinating operations, engaging with stakeholders, and ensuring expertise in emerging technologies.
Ofcom will provide further updates if significant changes occur in the outlined timings and approach.