Ofcom has published final guidance on online safety transparency reporting, setting out both its approach to transparency reporting and how providers are expected to comply with their obligations. 

Under the Online Safety Act 2023, regulated services that appear on the register of categorised services must produce transparency reports which comply with the terms of a transparency notice. Issued by Ofcom, these notices set out the information that must be included in the report, the format it should take, the date the report should be submitted to Ofcom, and the date by which it must be published.  

The guidance sets out the principles and factors that will inform Ofcom’s determination of what a transparency notice will cover, stating that it will be guided by ‘key principles’ of relevance, appropriateness, and proportionality, and take into account factors such as the functionalities of the service, the number of users, and the proportion of users who are children. It also explains how Ofcom will ensure “timely and constructive engagement” with services prior to issuing formal transparency notices, as well as how information from providers’ transparency reports will be used to produce Ofcom’s own transparency reports. 

As for what Ofcom expects from service providers in relation to producing transparency reports, the guidance makes clear that they must ensure that the information in the report is complete and accurate, the report is provided on time, and that the report is a standalone document and separate from other reports that they might have produced to comply with other regulatory duties. 

Should providers fail to comply with their transparency duties, the guidance also sets out the enforcement action that might be taken by Ofcom, which could go as far as issuing a fine of up to 10% of qualifying worldwide revenue or £18 million (whichever is higher). 

To read the Guidance in full, click here.