Question to the Department for Digital, Culture, Media & Sport:

To ask His Majesty's Government how long after completion of the passage of the Online Safety Bill they would expect Ofcom to have the power to issue the first provisional notice of contravention under Part 5 of that Bill.

His Majesty’s Government is committed to implementing protections for children from online pornography, including the provisions in Part 5 of the Online Safety Bill, as quickly as possible. The Government’s intention is to have the online safety regime operational as soon as possible after Royal Assent, while ensuring the necessary preparations are completed effectively and service providers understand what is expected. We are working closely with Ofcom to ensure this.

As set out in Ofcom’s Roadmap to Regulation, an important consideration for the implementation of Part 5 will be the need to ensure a consistency in approach across all providers of online pornography, including those hosting user-generated content subject to the duties of Part 3. This is to ensure the legislation effectively protects children from pornography, wherever it appears online. Ofcom also needs appropriate time and flexibility properly to produce and then consult relevant statutory consultees on the relevant guidance, including those who represent the interests of children.

Ofcom will be able to use its enforcement powers, including the power to issue a provisional notice of contravention relating to Part 5, once clause 68, which sets out the duties for regulated provider pornographic content, is commenced. We do not, however, expect to see sanctions applied, except in the most egregious cases, until Ofcom has worked with regulated entities to ensure they have sufficient knowledge and notice of the new regulatory framework. Before issuing any sanctions Ofcom will undertake a full and fair investigation of any suspected non-compliance.

The introduction of the Bill should be taken as a clear message to companies that they need to begin preparing for regulation now.