Member

429A: After Clause 212, insert the following new Clause— “OFCOM’s notices to providers of internet services OFCOM’s notices to providers of internet services(1) In Chapter 5 of Part 1 of the Coroners and Justice Act 2009 (coroners: further provision to do with investigations and deaths), before section 32 insert—“31A Duty to notify OFCOM of certain child deaths(1) A senior coroner who is made aware that the body of a deceased child is within that coroner’s area must notify the Office of Communications (OFCOM) of that fact within 5 working days of being made aware of the body, unless—(a) the coroner decides that the death is not one into which the coroner has a duty under section 1(1) to conduct an investigation, or(b) the coroner is satisfied that no purpose would be served by OFCOM giving a notice under section 101(C1) of the Online Safety Act 2023 requiring the retention of information about use of internet services by the child who has died, because such information is of no relevance to the child’s death.(2) In this section “child” means a person who, at the time of death, was (to the best of the coroner’s knowledge) aged between 5 and 17.(3) In this section “working day” means any day other than—(a) Saturday or Sunday,(b) Christmas Day or Good Friday, or(c) a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.”(2) The Online Safety Act 2023 is amended in accordance with subsections (3) and (4).(3) In section 101 (information in connection with an investigation into the death of a child)—(a) in subsection (A1)(a), after “child,” insert “or (in England and Wales) notifies OFCOM of the death of a child as required by section 31A of the Coroners and Justice Act 2009,”;(b) after subsection (G1) insert—“(H1) Regulations under subsection (E1)(a) may make provision by reference to a document as amended from time to time.”(4) In section 102 (information notices), in subsection (5A)(c), for “for the period of one year beginning with the date of the notice,” substitute “—(i) where the investigating authority is a senior coroner (in England and Wales), for the period of six months beginning with the date of the notice, or(ii) in other cases, for the period of one year beginning with the date of the notice,”.”Member’s explanatory statement This new clause concerns OFCOM’s notices under the Online Safety Act 2023 requiring providers of internet services to retain information about use of a service by a child who has died. It requires coroners to notify OFCOM of child deaths and makes changes to the notice provisions in that Act.