DIGITAL REGULATION TIMELINE – OFCOM PUBLISHES PLAN OF WORK 2022/23

EU – Online Protection and Regulation 

On 25 March 2022, Ofcom published its Plan of Work for 2022/23 detailing its objectives and projects for media and communications services and online regulation. The regulator's duties are increasingly expanding into the digital world, and it aims to develop knowledge in this area.

Key date(s)

• 15 December 2021: Ofcom publishes its proposed Plan of Work for 2022/23
• 9 February 2022: Closing Date for Responses to the proposed Plan of Work
• 25 March 2022: Ofcom publishes Stakeholder Responses and finalised Plan of Work for 2022/23

Status

• In December 2021, Ofcom published its proposed Plan of Work 2022/23 and called for responses from industry stakeholders. The culmination of these efforts has led to the publication of Ofcom's finalised Plan of Work for 2022/23 on 25 March 2022, detailing its objectives and projects for media and communications services and online regulation. The latter area of focus has been subject to significant changes since the publication of Ofcom's Plan of Work for 2021/22 due to recent developments in the digital regulatory landscape.
• Drafting of the Online Safety Bill ("OSB"), publication of CMA reports on competition in digital markets and the enactment of the Video-sharing Platform Regulation ("VPR") have expanded Ofcom's powers in relation to digital regulation. Ofcom has shared that it will use its work so far with the VPR as a springboard to prepare for its regulatory role for the OSB. The VPR focuses on reducing the amount of harmful material on video-sharing platforms, which the OSB aims to regulate more broadly across all online platforms and search engines.
• The Plan of Work 2022/23 aims to improve Ofcom's capacity to fulfil its new powers by building knowledge of online technologies and commissioning reports on trends in the public's online experiences and attitudes. Ofcom has also stated that, where required, it will be working closely with the Government in the OSB's legislative process to advise on the practical implications of the OSB

What it hopes to achieve

As regards digital regulation, this year's Plan of Work focuses on media literacy materials, consumer protection and competition in digital markets, regulating online harms and building Ofcom's technological capabilities. Provided in the Plan of Work is a list of projects and deadlines for the next year:

Q1 2022/2023

• Ofcom to publish plans for its new regulating duties under the OSB.
• Ofcom to release Making Sense of Media publication to help improve online skills, knowledge and understanding of UK adults and children.
• Ofcom to publish annual report on the public's online activities, attitudes and experiences regarding the internet and how online content providers and platforms are serving users.
• Ofcom to publish separate report on adults' and children's media literacy.
• Ofcom to publish discussion document on its examination of digital markets in the communications sector and potential competition issues, including a collaborative analysis with the CMA to consider future codes of conduct for online platforms.

Q2 2022/2023

• Ofcom to release another in the series of Making Sense of Media publications to help improve the online skills, knowledge and understanding of UK adults and children.
• Ofcom to review its regulatory practices in relation to the net neutrality framework to balance market developments with consumer protection.

Q3 2022/2023

• Ofcom to publish report on the future of media plurality, specifically the role and impact of online news outlets, as more and more consumers obtain their news from online sources.
• Ofcom to provide updates on its 2021 VPR plan and approach document following the enactment of the Audiovisual Media Services Regulations 2020 and subsequent amendment which require UK video-sharing platforms to take measures to protect children and the general public from harmful material.

Ongoing Developments

• Ofcom is continuing to work with the CMA, ICO and FCA to develop regulatory approaches to online services and issues as part of the Digital Regulation Cooperation Forum.
• Ofcom is developing its capabilities in online technologies used to deliver online services and has so far created a knowledge management framework, commissioned research projects and built links with the Safety Tech industry. Ofcom also plans to publish discussion papers on the future impact of key technologies.

Who does it impact? 

• As Ofcom plans to assist the legislative process for the OSB and collaborate on regulatory approaches to competition in digital markets, online platforms and marketplaces would do well to review their policies and practices in light of drafts and commentaries published so far. In light of the Government's announcement on 17 March 2022 that executives of companies who fail to cooperate with Ofcom's requests for information could face prosecution within two months of the Bill becoming law, pre-emptive conformance with Ofcom's Q1 plans for OSB regulation is crucial.
• The public will also see a surge in materials available on media literacy and staying safe online. Ofcom's Plan of Work divides its duties to promote media literacy into two categories: adults and children. Teachers and public officers who work with children will likely be expected to monitor these developments and incorporate guidance into curriculums.

Key points 

1. OSB

• • Ofcom will publish plans for its new regulatory duties under the OSB in Q1 of 2022/23. This will impact online platforms' and search engines' policies and systems. In particular, online companies will need to consider their user-complaints processes, content-reviewing systems and disclosure procedures. The responsibility for consumer and user protection will see a shift towards online platforms, therefore companies should aim to take a more proactive role in monitoring content on their platforms.

2. Digital Markets

• • Working with the CMA, ICO and FCA, Ofcom is part of the Digital Regulation Cooperation Forum which aims to develop collaborative approaches to regulation. Ofcom is also working closely with the CMA to develop future codes of conduct for competition in digital markets. Online platforms should keep up with the latest developments which strive to ensure healthy and sustainable competition across the internet whilst protecting consumers.

3. Media Literacy

• • This coming year, Ofcom plans to publish the latest in its Making Sense of Media campaign materials to help adults and children improve their media literacy and stay safe online. The body will also publish reports on media literacy which will likely address the current status of adults' and children's media literacy.

4. Research
   • Ofcom will publish its annual report on the public's attitudes towards and experiences of online domains which will likely inform its regulatory and media literacy duties.

This blog post provides an overview of a key recent or upcoming development in digital regulation in the UK or EU as part of our horizon scanning timeline which can be found below.

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