Moved by
Lord Parkinson of Whitley Bay
249: After Clause 91, insert the following new Clause—
“Information in connection with an investigation into the death of a child
(1) OFCOM may by notice under this subsection require a relevant person to provide them with information for the purpose of—
(a) responding to a notice given by a senior coroner under paragraph 1(2) of Schedule 5 to the Coroners and Justice Act 2009 in connection with an investigation into the death of a child, or preparing a report under section (OFCOM’s report in connection with investigation into a death) in connection with such an investigation;
(b) responding to a request for information in connection with the investigation of a procurator fiscal into, or an inquiry held or to be held in relation to, the death of a child, or preparing a report under section (OFCOM’s report in connection with investigation into a death) in connection with such an inquiry;
(c) responding to a notice given by a coroner under section 17A(2) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) in connection with—
(i) an investigation to determine whether an inquest into the death of a child is necessary, or
(ii) an inquest in relation to the death of a child,
or preparing a report under section (OFCOM’s report in connection with investigation into a death) in connection with such an investigation or inquest.
(2) The power conferred by subsection (1) includes power to require a relevant person to provide OFCOM with information about the use of a regulated service by the child whose death is under investigation, including, in particular—
(a) content encountered by the child by means of the service,
(b) how the content came to be encountered by the child (including the role of algorithms or particular functionalities),
(c) how the child interacted with the content (for example, by viewing, sharing or storing it or enlarging or pausing on it), and
(d) content generated, uploaded or shared by the child.
(3) The power conferred by subsection (1) includes power to require a relevant person to obtain or generate information.
(4) The power conferred by subsection (1) must be exercised in a way that is proportionate to the purpose mentioned in that subsection.
(5) The power conferred by subsection (1) does not include power to require the provision of information in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings.
(6) Nothing in this section limits the power conferred on OFCOM by section 91.
(7) In this section—
“inquiry” means an inquiry held, or to be held, under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2);
“information” includes documents, and any reference to providing information includes a reference to producing a document (and see also section 92(9));
“relevant person” means a person within any of paragraphs (a) to (e) of section 91(4).”
Member’s explanatory statement
This amendment makes it clear that OFCOM have the power to obtain information for the purposes of responding to a notice given to them by a coroner or, in Scotland, a request from a procurator fiscal, in connection with the death of a child, including a power to obtain information from providers about the use of a service by the deceased child.