Key Facts

• Amendment 127 proposes adding a six-month deadline for Ofcom to produce guidance.
• The Government feels the Secretary of State must retain flexibility in determining when to implement part 5 provisions.
• Ofcom is committed to producing an implementation roadmap before summer.
• Clause 70 establishes a duty for providers to notify Ofcom if their revenue is at or above a specified threshold.
• Clause 71 allows Ofcom to consider factors beyond provider's qualifying worldwide revenue when determining fees.
• The industry fee will need to average around £35 million annually over the next decade according to the impact assessment.
• Clause 77 amends Ofcom’s general duties under section 3 of the Communications Act 2003.
• Clause 78 mandates Ofcom to publish strategic priorities within a set time period.
• Clause 79 requires Ofcom to carry out impact assessments.
• Amendments 80, 81, and 82 aim to include services posing a very high risk of harm in Category 1 regardless of user numbers.
• Small platforms may allow extreme behavior and radicalization, leading to real-world harm including physical or mental harm to others.
• Blackman intends to push her amendments to a vote if the Minister does not accept them.
• The categorization process is based on size versus harm, considered flawed.
• Stakeholders like HOPE not hate and Antisemitism Policy Trust have expressed concerns.
• Platforms such as BitChute, Gab, and 4chan host extreme content that radicalizes individuals.
• A teacher reported a case where a 15-year-old boy was exposed to incel culture online.
• Suicide forums glamorize suicide and share information about novel methods of suicide.
• The Bill’s pre-legislative scrutiny Committee recommended adopting a nuanced approach based on risk, reach, user base, safety performance, and business model.
• The Antisemitism Policy Trust's Danny Stone provided oral evidence on small, high-harm platforms.
• The Community Security Trust report 'Hate Fuel' highlighted threads with explicit calls to kill Jews after the Pittsburgh antisemitic murders.
• Payton Gendron targeted and killed 10 people in Buffalo a week before the evidence sitting.
• Danny Stone suggested considering characteristics already defined in the Bill for amendments.
• Amendment 80 aims to widen Category 1 of regulated services to include those with a high risk of harm irrespective of user numbers.
• If amendment 80 is rejected, amendments 81 and 82 will fall.
• Modern practice allows for amendments pushed to a vote in Committee to be resubmitted on Report.
• Amendment 34 seeks to require Ofcom’s risk assessment to consider risks to adults and children through the production, publication, and dissemination of illegal content.
• Clause 9 requires platforms to prevent UK users from encountering illegal content no matter where it is produced or published.
• Subsection (9) of clause 52 defines illegal content as not requiring generation, upload, or access in the UK.
• Ofcom must have the power to compel publication of transparency reports under clause 64.
• Criminal liability for senior management non-disclosure will be automatic and commence shortly after Royal Assent.
• Clause 85 gives Ofcom powers to require information, clause 86 allows issuing notices, and clause 87 mandates naming relevant senior managers.
• Clauses 92, 93, 94, 95, and 96 of the Online Safety Bill address criminal offences related to information provision.
• Senior managers can be held criminally liable for failing to comply with Ofcom’s information requests.
• Fines for non-compliance can reach up to 10% of a company's global revenue.
• The denial of service provisions allow extreme sanctions such as disconnecting companies from the internet.
• Clause 97 aims to allow Ofcom to cooperate with overseas regulators.
• Subsection (2) of clause 97 specifies that this power is limited by regulations made by the Secretary of State.
• Clause 100 amends section 24B of the Communications Act 2003, allowing Ofcom to provide information to the Secretary of State for policy formulation without provider consent in certain cases.