Movement for an Open Web (“MOW”) has applied to join Clean Up the Internet (“CUTI”) in its legal challenge over Ofcom’s refusal to comply with Freedom of Information Request’s (“FOI’s”) seeking basic information about its dealings with major tech companies. CUTI and MOW cite concerns over the transparency and accountability of the regulator enforcing the Online Safety Act 2023 (“OSA”).
Ofcom refused to disclose meeting dates, attendees, consultation inputs, and whether fines issued under OSA had been paid. MOW’s concern is that, by preventing access to such information, Ofcom is preventing Parliament, civil society, and other regulated businesses from being able to understand and scrutinize how regulatory decisions are being made. In the context of harm to children, Members of Parliament and the House of Lords have expressed regret over the limited number of actions that have meaningfully been put in place to align with the aims of the OSA.
The regulator argues that it is exempt from disclosing certain information and hides behind s. 393 of the Communications Act 2003 (“CA”), which prohibits the release of business information obtained in the exercise of its statutory powers. The privacy regulator, the Information Commissioner’s Office (“ICO”), upheld Ofcom’s refusal to release information.
CUTI and MOW claim that the ICO’s decision allows Ofcom’s position to rest on an incorrect and wide interpretation of section 393.
The case is scheduled to be heard by the London tribunal dedicated to regulatory disputes on 26 February, and Ofcom is joining as an intervener. MOW expects the outcome to influence how transparent Ofcom must be in discharging the duties entrusted to it under the OSA and hopes to reveal how the interests of major tech companies are being weighed against those of users, smaller businesses, and society.