Recommendation 6

HM Government · verbatim extract Rejected

We thank the Committee for this recommendation. The government has taken a consultative approach throughout the Bill’s development. The Bill is clear on what the Secretary of State’s review of the regulatory framework must consider. In carrying out the review, the Secretary of State must consult Ofcom, and others as the Secretary of State considers appropriate. This provides the Secretary of State with the flexibility to consult those who may have useful views so that these can be taken into account in the review. More generally the Bill provides for extensive consultation by Ofcom of organisations representing children and users. In particular, Ofcom will be required to consult with organisations that represent the interests of children and of those who have suffered harm as a result of online content when developing its codes of practice. It will also be required to conduct research into users’ experiences of regulated services, which will enable Ofcom to better understand the needs of children and other affected users. Ofcom has existing duties under section 16 of the Communications Act to consult with consumers about carrying out its functions and to establish and maintain the Communications Consumer Panel to advise Ofcom about matters relating to the internet of consumers of regulated services. These duties will be extended to services regulated under the Bill. Ofcom may also use other mechanisms to understand users’ attitudes and concerns, such as research or activity undertaken as part of Ofcom’s media literacy duties. This range of powers which will ensure Ofcom has all the tools it needs for understanding users’ concerns and experiences. Given these provisions in the draft Bill we do not think it is necessary to establish a statutory duty for the Secretary of State to consult civil society organisations or other groups in relation to the Secretary of State’s review or more generally.