Online Safety Act 2023

158OFCOM’s reports about news publisher content and journalistic content

(1)OFCOM must produce and publish a report assessing the impact of the regulatory framework provided for in this Act on the availability and treatment of news publisher content and journalistic content on Category 1 services (and in this section, references to a report are to a report described in this subsection).

(2)Unless the Secretary of State requires the production of a further report (see subsection (6)), the requirement in subsection (1) is met by producing and publishing one report within the period of two years beginning with the day on which sections 18 and 19 come into force (or if those sections come into force on different days, the period of two years beginning with the later of those days).

(3)A report must, in particular, consider how effective the duties to protect such content set out in sections 18 and 19 are at protecting it.

(4)In preparing a report, OFCOM must consult—

(a)persons who represent recognised news publishers,

(b)persons who appear to OFCOM to represent creators of journalistic content,

(c)persons who appear to OFCOM to represent providers of Category 1 services, and

(d)such other persons as OFCOM consider appropriate.

(5)OFCOM must send a copy of a report to the Secretary of State, and the Secretary of State must lay it before Parliament.

(6)The Secretary of State may require OFCOM to produce and publish a further report if the Secretary of State considers that the regulatory framework provided for in this Act is, or may be, having a detrimental effect on the availability and treatment of news publisher content or journalistic content on Category 1 services.

(7)But such a requirement may not be imposed—

(a)within the period of three years beginning with the date on which the first report is published, or

(b)more frequently than once every three years.

(8)For further provision about reports under this section, see section 164.

(9)In this section—

• “journalistic content” has the meaning given by section 19;

• “news publisher content” has the meaning given by section 55;

• “recognised news publisher” has the meaning given by section 56.

(10)For the meaning of “Category 1 service”, see section 95 (register of categories of services).