Ofcom
What is Ofcom and what does it do?
What is Ofcom?
The Office of Communications (Ofcom) is the UK communications regulator, overseeing the broadcasting, telecommunications and postal industries. Its principal duty is to regulate communications in the interests of consumers and citizens. undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3
Ofcom is a public corporation, accountable to parliament, with the culture secretary being the responsible minister (except for postal services, where the business secretary is responsible). undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3 The culture secretary appoints the chair and non-executive members of its board through the public appointments process. Ofcom is funded through fees paid by the industries it regulates and is a net contributor to the Treasury, as it gives any proceeds from fines and penalties to the government (after retaining the amount needed to fund certain duties). undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3
How has Ofcom changed over time?
Ofcom has a large remit and has gained substantial additional duties and powers over time. The body was first established by the Office of Communications Act 2002 undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3 and then given its full range of early powers in the Communications Act 2003, undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3 when it replaced five different TV and radio regulators.
Ofcom gained powers to regulate video-on-demand services in 2010 13 Ofcom, Regulation of TV-like Video On Demand (VOD) Services’ Ofcom, 20 September 2010, www.ofcom.org.uk/tv-radio-and-on-demand/information-for-industry/on-demand/atvod-archives/vod-regulation. and the postal industries in 2011. undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3 It acquired further powers in 2017, including the regulation of the BBC. undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3 In 2020, Ofcom’s remit expanded again to cover regulation of video-sharing platforms such as YouTube. undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3
Ofcom was given more powers and responsibilities under the Online Safety Act, which gained royal assent in October 2023. The Act contains rules for social media companies and search engines aimed at removing illegal content, protecting children from harmful content and giving adults more control over the content they see. 14 Department for Science, Innovation and Technology, ‘Online Safety Act: explainer’. GOVLUK, 24 April 2025, www.gov.uk/government/publications/online-safety-act-explainer/online-safety-act-explainer
The Act designates Ofcom as the regulator for the online safety regime and gives it a new core duty of adequately protecting citizens from harm. Ofcom does this by ensuring online services make appropriate use of systems and processes to keep users safe (like requiring age verification for content harmful to children), balanced against its duty to protect freedom of expression. It can impose fines of £18m or 10% of global annual turnover (whichever is higher) if companies do not comply, and it can block non-compliant services.
What does Ofcom do?
Ofcom’s wide-ranging functions and powers span economic regulation (such as the promotion of competition and the auctioning of radio spectrums) and content regulation (like maintaining of a set of quality standards in TV). Ofcom does not generally resolve individual complaints, with the notable exception of complaints regarding TV or radio content, but may investigate if it receives many complaints highlighting a particular problem. Its main legal duties, and the methods it uses to meet them, are summarised in the table below and unless otherwise referenced set out in Section 3 of the Communications Act 2003 as amended: undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3
Duties | Methods |
|---|---|
| Phones, telecoms and the internet | |
Further the interests of citizens in relation to communication matters, and further the interests of consumers in relevant markets. Secure availability of a wide range of electronic communications services throughout the UK. Promote media literacy. undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3 Ensure that regulated online services take appropriate measures to protect their users. 15 Online Safety Act 2023, www.legislation.gov.uk/ukpga/2023/50 | Provides consumer advice on coverage, how to access cheaper deals and information about the cheaper social tariff. Imposes quality conditions (The General Conditions of Entitlement) with which all communication networks must comply, such as providing free calls to emergency services, minimum terms and information, clear pricing and equal treatment for vulnerable customers. Provides a price safety net (the Universal Service Obligations), delivered through two companies (BT and KCOM) that are designated as universal service providers and must provide certain services (such as functional internet access or public phonebooth access) at certain prices when requested. Runs a programme of research and engagement to promote media literacy. Publishes illegal content Codes of Practice outlining measures online services must take to protect users from illegal content and activity. 16 Ofcom, ‘Statement: Protecting people from illegal harms online’, Ofcom, 24 March 2026, www.ofcom.org.uk/online-safety/illegal-and-harmful-content/statement-protecting-people-from-illegal-harms-online |
| Postal service | |
| Ensure there is a universal postal service in the UK. undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3 | Requires Royal Mail to provide several essential services at a uniform price throughout the UK. |
| Radio spectrum | |
| Ensure the most effective use of the UK’s wireless airwaves (the radio spectrum). | Manages the use of the spectrum, including running spectrum auctions. |
| TV, radio and on-demand video | |
Protect viewers and listeners from harmful or offensive content. Protect people from unfair treatment in programmes and from invasion of privacy. Ensure the provision of quality TV and radio programmes that appeal to diverse audiences. Act as the independent regulator for the BBC.
undefined
Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3
| Maintains and enforces the Broadcasting Code, a set of standards broadcasters must comply with such as the 9pm ‘watershed’ for mature content. Oversees certain companies designated as public service broadcasters (Channel 4, ITV and others) to make sure they have diverse and correct content. Maintains a licensing regime for TV and radio providers. Regulates the BBC’s standards, such as its handling of complaints, and judges its impact on competition. |
The complexity of Ofcom’s remit and governance
Ofcom must also have due regard for a range of loosely defined aims such as encouraging innovation and preventing crime. Cumulatively, these responsibilities are complex and can conflict. When they do, Ofcom must resolve the conflict in a manner best fitting the circumstances and, if the case is important, publish an explanation. undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3
The subjective nature of many of these aims and the complexity they generate has led Ofcom’s governance, and particularly the selection of its chair, to be drawn into political rows in recent years. undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3 Given this complexity, the IfG has previously argued that the expansion of Ofcom’s remit makes it increasingly difficult to find any one individual with the necessary expertise to lead the organisation.
Ofcom and the Online Safety Bill
A key example of Ofcom’s expanding responsibilities is the Online Safety Bill, expected to become law in autumn 2023. This contains new rules for social media companies and search engines aimed at removing illegal content, protecting children from harmful content and giving adults more control over the content they see. undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3
Ofcom will be appointed as the regulator for the online safety regime and will be given a new core duty of adequately protecting citizens from harm. It will do this by ensuring online services make appropriate use of systems and processes (such as those to allow users to report and remove harmful content) to keep users safe, undefined Communications Act 2003 c.21, part 1, section 3, www.legislation.gov.uk/ukpga/2003/21/section/3 balanced against its duty to protect freedom of expression. It will gain the power to force companies to comply, impose fines of £18m or 10% of global annual turnover (whichever is higher) and block non-compliant services. Ofcom will publish codes of practice to help companies deal with these new requirements.
- Topic
- Regulation Public bodies
- Publisher
- Institute for Government