I beg to move,
That the Committee has considered the draft Communications Act 2003 (Disclosure of Information) Order 2024.
It is a pleasure to serve under your chairmanship, Mr Twigg. I start by welcoming the shadow Minister, the hon. Member for Runnymede and Weybridge, to his place. I look forward to many encounters with him—we will have another tomorrow.
The Online Safety Act 2023 lays the foundations for strong protections for children and adults online, and I thank colleagues for their continued interest in the Act and its implementation. It is critical that the Act is made fully operational as quickly as possible, and the Government are committed to ensuring that its protections are delivered as soon as possible.
The draft order will further support the implementation of the 2023 Act by Ofcom. It concerns Ofcom’s ability to share business information with Ministers for the purpose of fulfilling functions of the 2023 Act under section 393 of the Communications Act 2003. It corrects an oversight in the 2023 Act that was identified following its passage.
Section 393 of the Communications Act 2003 contains a general restriction on Ofcom’s disclosing information about particular businesses without their consent. It includes exemptions, including where such a disclosure would facilitate Ofcom’s carrying out its regulatory functions or where it would facilitate other specified persons in carrying out specified functions. However, the section currently does not enable Ofcom to share information with Ministers for the purpose of their fulfilling functions under the Online Safety Act, although the 2003 Act does contain similar information-sharing powers in respect of the Enterprise Act 2002 and the Enterprise and Regulatory Reform Act 2013. That means that were Ofcom to disclose information about businesses to the Secretary of State, it may be in breach of the law.
It is important that a gateway exists for sharing information for these purposes, so that the Secretary of State can carry out key functions of the Online Safety Act, such as setting the fee threshold for the online safety regime in 2025 or carrying out the post-implementation review of the Act required under section 178. The draft order will therefore amend the 2003 Act to allow Ofcom to share information with the Secretary of State and other Ministers strictly for the purpose of fulfilling functions under the Online Safety Act.