Corporate report

Communications Act 2003: Thirteenth report on the Secretary of State's functions

Published 11 June 2025

Thirteenth Report on the Secretary of State’s functions under the Communications Act 2003, the Wireless Telegraphy Act 2006, the Office of Communications Act 2002, the Broadcasting Acts 1990 and 1996, and the Online Safety Act 2023, by the Secretary of State for Science, Innovation and Technology

For the period of 20 December 2023 to 19 December 2024

Presented to Parliament pursuant to section 390 of the Communications Act 2003

June 2025

© Crown copyright 2025

ISBN 978-1-5286-5729-7

1. Introduction

1. Section 390 of the Communications Act 2003 requires the Secretary of State to prepare and lay before Parliament reports about the carrying out of the Secretary of State’s functions under the following legislation:

  • the Communications Act 2003
  • the Wireless Telegraphy Act 2006
  • the Office of Communications Act 2002
  • the Broadcasting Acts 1990 and 1996
  • and the Online Safety Act 2023

2. The First Report (HC 325 July 2005) covered the period from 19 March 2002 to 28 December 2004. Every subsequent report to the first report must relate to the period of 12 months beginning with the end of the period to which the previous report related. This report (the “Thirteenth Report”) covers the period from 20 December 2023 to 19 December 2024.

Previous Reports:

  • First Report July 2005 HC 325
  • Second Report July 2006 HC 1445
  • Third Report July 2007 HC 594
  • Fourth Report Oct 2008 HC 1037
  • Fifth Report July 2009 HC 911
  • Sixth Report July 2010 HC 171
  • Seventh Report Nov 2011 HC 1613
  • Eight Report Dec 2012 HC 791
  • Ninth Report February 2014 HC 1057
  • Tenth Report July 2021 HC 290
  • Eleventh Report July 2023 HC 908
  • Twelfth Report July 2024

1.1 Statutory Instrument

Power under which instrument made Date made Name of instrument and SI number Description of what the instrument does
Online Safety Act 2023 10 January 2024 The Online Safety Act 2023 (Commenceme nt Order No.3) Regulations 2024

2024/31
These Regulations are the third commencement regulations under the Online Safety Act 2023 (c. 50) (“the 2023 Act”). They bring into force Part 10 (which includes Schedule 14) of the 2023 Act. This Part of the Act sets out new and updated communications offences. Schedule 14 sets out amendments consequential on Part 10.
Online Safety Act 29 January 2024 The Online Safety (List of Overseas Regulators) Regulations 2024

2024/100
These Regulations specify those overseas regulators with whom the Office of Communications (“Ofcom”) can co-operate under their power in section 114 of the Online Safety Act 2023 (c. 50) (“the Act”).

Under the power in section 114(1) of the Act, Ofcom may only co-operate with an overseas regulator for the purposes of (a) facilitating the exercise by the overseas regulator of any of that regulator’s online regulatory functions, or (b) criminal investigations or proceedings relating to a matter to which the overseas regulator’s online regulatory functions relate. The term “online regulatory functions” is defined in section 114(7).
Communications Act 2003 14 February 2024 The Communications (Television Licensing) (Amendment) Regulations 2024

2024/150
These Regulations amend the Communications (Television Licensing) Regulations 2004 (S.I. 2004/692) by providing for increases in the amount payable for most categories of TV licence, and the amount of each instalment for certain categories of TV licence which are payable in instalments.
Online Safety Act 2023 24 April 2024 The Online Safety Act 2023 (Pre-existing Part 4B Services Assessment Start Day) Regulations 2024

2024/571
These Regulations specify the date from which Video-Sharing Platforms (VSPs) known as “pre-existing Part 4B services” are subject to the requirement to complete assessments, in line with sections 9 (illegal content risk assessment duties), 11 (children’s risk assessment duties) and 35 (children’s access assessments or CAAs) of the Online Safety Act 2023.
Communications Act 2003 17 October 2024 The Internet Domain Registry (Prescribed Practices and Prescribed Requirements) Regulations 2024

2024/1049
These Regulations set out the prescribed practices and prescribed requirements relating to the consideration of whether there is a relevant failure in relation to a qualifying internet domain registry for the purposes of section 124O of the Communications Act 2003 (c. 21) (notification of failure in relation to internet domain registry).

These Regulations ensure that the UK remains compliant with paragraph 1(a) of Article 18:28 of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership.
Communications Act 2003 21 October 2024 The Regulation of Premium Rate Services Order 2024

2024/ 1046
This Order introduces new provisions imposing requirements with respect to the provision and contents of certain premium rate services (so-called controlled PRS) within the meaning given by section 120(7) of the Communications Act 2003 (c. 21), and the facilities made available in the provision of such services.

This Order also makes new provisions imposing requirements with respect to the arrangements made by providers of such premium rate services for the promotion and marketing of those services, and for the enforcement of requirements imposed under the Order.
Communications Act 2003 22 October 2024 The Internet Television Equipment Regulations 2024

2024/1056
Specifies which categories of TV devices should be considered ‘internet television equipment’ and therefore could be designated and in scope of the new prominence regime. This regime will require particular TV platforms, referred to in the Act as “regulated television selection services”, to give prominence to designated public service broadcaster services— referred to as “designated internet programme services”.
Online Safety Act 2023 19 November 2024 The Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2024

2024/1188
This Statutory Instrument (SI) amends the Online Safety Act 2023 (OSA). The OSA gives certain internet services new duties to protect their users from illegal content and activity online.

This SI inserts new Sexual Offences Act 2003 (SOA) offences into the OSA ‘priority offences’ Schedule 7. These new offences relate to individuals sharing, or threatening to share, intimate images of others without their consent (Intimate Image Abuse offences or ‘IIA’ offences). These were recently inserted into the SOA in new section 66B by s.188 of the OSA. The offences came into force on 31 January 2024.

The SI also removes an offence from OSA ‘priority offences’ Schedule 7. This is the offence in section 33 of the Criminal Justice and Courts Act 2015 (CJCA) about disclosing, or threatening to disclose, private sexual photographs and films with intent to cause distress.

This offence was repealed by the OSA when the new SOA IIA offences came into force. However, the repealed offence is still included in the OSA priority offences schedule (paragraph 30 of Schedule 7)
Communications Act 2003 26 November 2024 The Communications Act 2003 (Disclosure of Information) Order 2024

2024/1253
This Order extends the circumstances in which information with respect to a particular business obtained by Ofcom in exercise of a power conferred under the Communications Act 2003, the Broadcasting Act 1990, the Broadcasting Act 1996 or the Online Safety Act 2023 may be disclosed.
Online Safety Act 2023 10 December 2024 The Online Safety Act 2023 (Commencement Order No. 4) Regulations 2024

2024/1333
These Regulations are the fourth commencement regulations under the Online Safety Act 2023 (c. 50). They bring into force the duties about regulated provider pornographic content in section 81 and other provisions, such as OFCOM’s enforcement and information powers and the offence of failing to comply with a confirmation decision, as they relate to section 81.
Communications Act 2003 12 December 2024 The Communications (Television Licensing) (Amendment) (No. 2) Regulations 2024

2024/1330
These Regulations amend the Communications (Television Licensing) Regulations 2004 (“the 2004 Regulations”) (S.I. 2004/692) to expand the eligibility criteria for an existing instalment scheme for the television licence fee, known as the Simple Payment Plan.
Communications Act 2003 19 December 2024 The Local Digital Television Programme Services (Amendment) Order 2024

2024/1371
To enable Ofcom to extend and subsequently renew the licences for the local TV multiplex and the 34 individual local TV services.

Statutory Functions

Power under which instrument made Statutory Function Date Description
Broadcasting Act 1990 Appointments to the Channel 4 board by the Secretary of State 8 January 2024 The Secretary of State approved the appointments of Tom Adeyoola, Debbie Wosskow, Dame Annette King and Sebastian James as Non-Executive Directors of the Channel 4 Television Corporation for 3 years, in accordance with section 23 of the Broadcasting Act 1990.
Broadcasting Act 1990 Appointment to the Channel 4 board by the Secretary of State 19 February 2024 The Secretary of State approved the appointment of Alex Burford as a Non-Executive Director of the Channel 4 Television Corporation for 3 years.
Broadcasting Act 1990 Appointment to the board of S4C by the Secretary of State 1 April 2024 The Secretary of State appointed Guto Bebb as Interim Chair of S4C for the period from 1 April 2024 to 1 May 2025, in accordance with section 56 of the Broadcasting Act 1990.
Online Safety Act 2023 Secretary of State’s Guidance about fees 23 May 2024 The Online Safety Act 2023 (the Act) requires DSIT Secretary of State to issue guidance to Ofcom about the principles to be included in the Statement of Charging Principles (SOCP) that Ofcom propose to apply in determining fees payable (section 87(1) of the Act).

Ofcom must have regard to this guidance when designing the SOCP, as well as when exercising any other functions in connection with part 6 of the Act.

Ofcom have been consulted on this guidance in accordance with section 87(2) of the Act.
Communications Act 2003 Twelfth Report on the Secretary of State’s Functions under the Communications Act 2003 etc. 29 July 2024 Section 390 of the Communications Act 2003 requires the Secretary of State to prepare and lay before Parliament reports about the carrying out of the Secretary of State’s functions under the following legislation:

- the Communications Act 2003
- the Wireless Telegraphy Act 2006
- the Office of Communications Act 2002
- the Broadcasting Acts 1990 and 1996
- and the Online Safety Act 2023
Broadcasting Act 1990 S4C Annual Report and Accounts 2023-24 (HC 137) 29 July 2024 The S4C annual report and statement of accounts for the 12- month period to 31 March 2023 were presented to Parliament on 29 July 2024 pursuant to paragraphs 13(1) and 13(2) of Schedule 6 to the Broadcasting Act 1990.
Office of Communications Act 2002 Office of Communications Annual Report and Accounts 2023-24 (HC 167) 30 July 2024 Ofcom annual report and accounts for the period 1 April 2023 to 31 March 2024.
Broadcasting Act 1990 Channel 4 Report and Financial Statements 2023 7 October 2024 The Channel Four Television Corporation Report and Financial Statements 2023 Incorporating the Statement of Media Content Policy was presented to Parliament pursuant to paragraph 13(1) of Schedule 3 to the Broadcasting Act 1990.
Office of Communications Act 2002 Appointment to the Ofcom board by the Secretary of State 1 November 2024 The Secretary of State appointed Lord Allan of Hallam as a Non-Executive Director of the Ofcom Board for a four-year term from 1 November 2024.
Office of Communications Act 2002 Secretary of State’s appointment of a member to the Ofcom board 1 December 2024 The Secretary of State appointed Tamara Ingram for a four- year term from 1 December 2024 as Deputy Chair of the Ofcom Board, under his powers set out in section 1 of the Office of Communications Act 2002.
Broadcasting Act 1990 Reappointments to the Channel 4 board by the Secretary of State 6 December 2024 The Secretary of State approved the reappointments of Dawn Airey, Tess Alps and Sarah Sands as Non-Executive Directors of the Channel 4 Television Corporation for 3 years.

The Secretary of State also approved the reappointment of Michael Lynton, effective from 25 April 2025, as a Non-Executive Director of the Channel 4 Television Corporation for 3 years.
Online Safety Act 2023 Draft Illegal Content Codes of Practice for Search Services 16 December 2024 Under section 41 of the Online Safety Act Ofcom must prepare and issue codes of practice duties about illegal content, as they relate to terrorism content (section 41(1)), Child Sexual Exploitation and Abuse (CSEA) content (section 41(2)) and other illegal content (section 41(3)).

The codes describe measures services can take to fulfil their illegal content duties under the Act.
Online Safety Act 2023 Draft Illegal Content Codes of Practice for User-to-User Services 16 December 2024 Under the Online Safety Act 2023 (the ‘Act’), Ofcom is required to prepare and issue Codes of Practice (‘Codes’) for providers of Part 3 services, describing measures recommended for the purpose of compliance with specified duties imposed on those providers by the Act.

This document contains Codes applying to providers of regulated search services (and to providers of combined services, so far as the duties applicable to search services apply in relation to those services) for the purpose of compliance with the following duties:

a) the illegal content safety duties set out in section 27(2) to (9) of the Act;

b) the duty about content reporting set out in section 31 of the Act, so far as it relates to illegal content; and

c) the duties about complaints procedures set out in section 32 of the Act, so far as relating to the complaints set out in section 32(4)
Online Safety Act 2023 Draft Online Safety Act 2023 (Category 1, 2A and 2B Threshold Conditions) Regulations 2025, 16 December 2024 This draft statutory instrument stipulates threshold conditions which the Secretary of State must set under paragraph 1 of Schedule 11 to the Online Safety Act 2023 (“the OSA”).

These are threshold conditions which a regulated user-to- user service, search service or combined service under Part 3 of the OSA must meet in order to be designated by Ofcom as a Category 1, Category 2A, or Category 2B service in a published register and thereby be subject to additional duties under the OSA.

The threshold conditions for Category 1 will also be used by Ofcom to prepare a list of emerging Category 1 services. Services will be placed on the emerging list if they meet the conditions set out in section 97 of the OSA.

The draft was laid before Parliament on 16 December 2024 and the SI was made on 26 February 2025.