The Online Safety Act 2023 (Fees Notification) Regulations 2025
The Online Safety Act 2023 (Fees Notification) Regulations 2025, effective September 14, 2025, mandate evidence submission by providers of regulated online services to OFCOM for fee calculations under the 2023 Act.
These regulations specify the required information, including financial statements and declarations of accuracy, and the prescribed method for submission, clarifying the process outlined in the Online Safety Act 2023.
Arguments For
Improved Transparency and Accountability: The regulations enhance transparency in the fee calculation process by requiring providers to submit detailed evidence, ensuring clear accountability.
Fair Fee Calculation: By clearly outlining required information, the regulations aim to enable OFCOM to calculate fees fairly and consistently across regulated service providers.
Legal Basis: Regulations are explicitly grounded in the Online Safety Act 2023, providing a firm legal foundation for OFCOM's fee collection.
Efficient Fee Collection: Clear guidelines streamline the process for both OFCOM and regulated service providers, making fee collection more efficient.
Arguments Against
Administrative Burden on Providers: The detailed requirements may impose an administrative burden on smaller providers, particularly those in their first fee-paying year.
Potential for Disputes: Differences of opinion could arise regarding the sufficiency of evidence provided, potentially leading to delays or disputes.
Compliance Costs: Providers will incur costs for preparing and submitting the necessary documentation, which could vary depending on the size and complexity of their operation.
Duplication of Efforts: If providers already maintain detailed records for accounting purposes, the regulation might require some level of duplication in data formatting or presentation.
- Citation, commencement and extent (1) These Regulations may be cited as the Online Safety Act 2023 (Fees Notification) Regulations 2025 and come into force on 14th September 2025. (2) These Regulations extend to England and Wales, Scotland and Northern Ireland.
This section establishes the regulations' title, effective date (September 14, 2025), and geographical scope, covering the whole of the UK.
- Interpretation "the Act" means the Online Safety Act 2023; "financial statement" includes a statement of financial position, profit and loss, or cash flow; "OFCOM" means the Office of Communications.
This section defines key terms used within the regulations. 'The Act' refers to the Online Safety Act 2023; 'financial statement' encompasses balance sheets, income statements, and cash flow statements; and 'OFCOM' is defined as the Office of Communications.
- Evidence, documentation and other information required for notification (1) This regulation applies where a provider of a regulated service must notify OFCOM under section 83(1)(a) or (b)(i) of the Act in relation to a charging year. (2) The notification must include— (a) where the charging year is the provider’s first fee-paying year, a statement indicating that fact; (b) evidence substantiating the details that must be submitted by the provider under section 83(3) of the Act (details of all regulated services provided by the provider and details of the provider’s qualifying worldwide revenue); and (c) a declaration affirming that that evidence is accurate and complete in all material respects. (3) Where possible, the evidence mentioned in paragraph (2)(b) must substantiate the details by reference to information in financial statements or other documents prepared for accounting purposes. (4) The declaration mentioned in paragraph (2)(c) must be made— (a) where the provider is an entity, by a senior manager (within the meaning of section 103(4) of the Act); and (b) in any other case, by an individual (whether acting as, or on behalf of, the provider) who is able to affirm the accuracy and completeness of the information in question. (5) The things mentioned in paragraph (2) must be supplied in the manner prescribed by the Manner of Notification document published by OFCOM on 26th June 2025.
This section details the evidence providers must submit to OFCOM. It outlines that notifications include a statement for first-time fee payers, substantiating evidence for reported revenue and services, and a declaration of accuracy.
This evidence should ideally use financial statements.
The declaration must be made by a senior manager (for entities) or a responsible individual.
Finally, the submission method follows OFCOM's 'Manner of Notification' document.