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
Source
Committee
Public Accounts Committee
Report
Thirteenth Report - Preparedness for online safety regulation
21 Feb 2024
HC 73
Addressee Bodies
HM Treasury
Timeline
Recommendation age
2.3 yrs
Report published
21 Feb 2024