Online Safety Act 2023 (Category 1, Category 2A and Category 2B Threshold Conditions) Regulations 2025

Debate between Baroness Jones of Whitchurch and Baroness Penn

Monday 24th February 2025 Lords Chamber

[Baroness Jones of Whitchurch (Lab)]

The SI before us today, based on Ofcom’s advice, is the best way that we can find, in terms of practicality, of enforcing what was written in the Act.

[Baroness Penn (Con)]

Does the Minister accept that the Act does not oblige the Secretary of State to follow Ofcom’s advice, and that the Government have a separate decision-making moment—a process—to consider that advice and reach their own decision? So it is not on Ofcom; it is on the Government. It is the Government who think it is the correct way forward to ignore what was previously in the Act.

[Baroness Jones of Whitchurch (Lab)]

The noble Baroness is right that that is a factor that we considered. The Secretary of State received Ofcom’s advice, duly reflected on it, looked at all the evidence and decided that we would abide by Ofcom’s advice on the issue. It was the Secretary of State’s decision, and that is why we have this SI in front of us today.