Source · Select Committees · Public Accounts Committee
Recommendation 18
18
Ofcom's online safety enforcement decisions require strong evidence and proportionality to withstand judicial review.
Conclusion
The enforcement action Ofcom can take on online safety regulation includes: fines of up to 10% of global revenues; requirements on the service provider to make changes; business disruption measures that prevent them from accessing the UK market; and criminal sanctions.37 Ofcom explained that any action it takes can be judicially reviewed 26 Q 15 27 Qq 19, 20 28 Q 72; C&AG’s Report, para 3.16 29 Q 25 30 Qq 25, 27, 55 31 Q 51; C&AG’s Report, para 1.14 32 Qq 24, 44, 51 33 Qq 44, 51 34 Qq 24, 52 35 Qq 44, 52 36 Q 47 37 Q 53; C&AG’s Report, figure 3 12 Preparedness for online safety regulation if a company feels that Ofcom has gone too far or does not have the right evidence. Its enforcement decisions will therefore need to be clearly evidenced, proportionate and risk- based, such that any action it takes has an impact and stands up in court.38 38 Qq 54–56 Preparedness for online safety regulation 13 2 Financing the regime and ensuring excellence Financing the regime