Source · Select Committees · Public Accounts Committee

Recommendation 15

15 Acknowledged

Ofcom will use engagement-first approach for non-compliance, resorting to enforcement for serious risks.

Conclusion
Ofcom explained that, where non-compliance issues arise, it will approach services with an engagement-first attitude and would not normally move straight to enforcement. It described a recent example of its engagement with an overseas-based website about how to commit suicide.29 Following Ofcom’s engagement, UK users are now blocked from the website. Nonetheless, Ofcom recognised that it might be difficult to work with small, overseas companies that do not engage, and that, in these circumstances, and if there was a serious risk, it would probably need to take enforcement action.30
Government Response Summary
The response states that Ofcom expects services to engage constructively and will use enforcement powers appropriately, guided by its regulatory principles. Ofcom's approach is detailed in its draft enforcement guidance, which it plans to publish in late 2024.
Government Response Acknowledged
HM Government Acknowledged
3.6 Ofcom expects services to engage constructively and openly, and to be willing to make improvements. Ofcom will use its enforcement powers where it considers appropriate, reasonable, and proportionate to do so, guided by its regulatory principles. Ofcom’s approach to investigating compliance concerns and enforcing the Act’s requirements is set out in its draft enforcement guidance, on which it has consulted. Ofcom intends to publish the final guidance in late 2024.