Ofcom is the UK’s regulatory for communication services. The Information Commissioner’s Office (ICO) is responsible for regulating and ensuring compliance with and enforcing data protection obligations/rights.
In an uncharacteristic move for regulators, in response to the Online Safety Bill (Bill) being approved by Parliament and accordingly soon becoming law, Ofcom and the ICO have worked together with a view to planning for the implementation of the Bill. Following such a consultation, they have released a joint statement (a copy of which can be viewed here). The purpose of the statement is set out as follows:
“This statement is primarily intended for online service providers that are likely to be regulated under the online safety regime, but it will also be of interest to other stakeholders as an indication of our joint direction of travel. It sets out our shared views on:
- The links between data protection and online safety;
- The requirement that online service providers comply with both online safety regulation and data protection regulation; and
- How we already work together to promote regulatory coherence, how we plan to further deepen our existing strong links, and how we will support compliance with our respective regimes.”
The joint statement sets out a number of areas where Ofcom and the ICO feel that they can collaborate with a view to improving compliance online. Those areas include:
- Working together to protect users from online content that is violent or depicts hatred against certain groups, includes content that would be considered a criminal offence or contains pornography, extreme content, and other materials that might impair physical, mental, or moral development; and
- Ensuring that appropriate age assurance measures are implemented by age-restricted websites.
The joint statement sets out a timetable for implementation of the measures set out in the Online Safety Bill by the end of 2024.
Ofcom and the ICO said in respect of their shared vision:
“The online world is changing, and with it the regulatory landscape. Ofcom and the ICO will work together to provide a clear and coherent regulatory landscape for online services that is proportionate, transparent and outcome-focused, and to regulate in a way that helps online service providers comply with their legal obligations and create safe and trusted online spaces.”
Comment
Given that the overarching aim of the Online Safety Bill is to promote child safety online and protect people from illegal online content, a joint approach from these two regulators has to be a good thing. We will see how this joint collaboration works in practice over the course of this year/early next year.
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