Source · Select Committees · Public Accounts Committee

Recommendation 16

16 Accepted

Ofcom cannot enforce online safety duties until codes of practice are published by April 2025.

Conclusion
Ofcom cannot undertake enforcement action until the codes of practice are published and, in some instances, set before parliament.31 Ofcom plans to publish its first codes, on illegal harms and protecting children, within 18 months of the Bill becoming law (April 2025).32 We asked Ofcom how it plans to reduce online harms and prepare service providers for regulation before the codes become enforceable.33 Ofcom responded that the consultation documents on its various codes of practice and guidance for service providers will set out practical steps which providers can take now to protect users before their duties become fully enforceable .34 It had also set up its supervision team and begun engaging with the supervised service providers to encourage these to start to comply in the short- to medium- term before their statutory duties become enforceable, and to make its expectations very clear.35
Government Response Summary
The government agrees with the committee's observations and confirms Ofcom is on track to meet the April 2025 deadline for codes of practice, having issued the illegal harms consultation and planning to publish the protection of children consultation in May 2024.
Government Response Accepted
HM Government Accepted
1.1 The government agrees with the Committee’s recommendation. Target implementation date: April 2025 1.2 The Online Safety Act 2023 (the Act) requires Ofcom to submit its Codes of Practice on illegal harms and protection of children to the Secretary of State within 18 months of the Act becoming law, by 26 April 2025. 1.3 Ofcom is on track to meet this deadline. Ofcom’s illegal harms consultation was issued on 9 November 2023, it closed on 23 February 2024 and Ofcom is now analysing the responses with a view to publishing a statement in late 2024. Ofcom will also publish its protection of children consultation in May 2024. Ofcom is confident that it will issue a statement on the protection of children in time to meet the statutory deadline.