HomeInsightsOfcom consults on proposals to update and revise its existing Enforcement Guidelines

The Guidelines explain the procedures Ofcom will follow when conducting most types of regulatory enforcement action relating to telecoms and postal services, consumer protection legislation, competition law, and certain competition-related conditions in broadcast licences.

Subject to consultation, Ofcom is planning to:

  • update the Enforcement Guidelines to cover a number of new enforcement powers Ofcom has taken on since 2012;
  • give clearer guidance on how Ofcom expects decisions will be taken on the progress and outcome of investigations;
  • clarify how Ofcom expects to publicise cases; and
  • provide guidance on a new procedure for the settlement of regulatory investigations.

Alongside the consultation, Ofcom is publishing the following draft documents, setting out its proposed new procedures in detail:

  • Enforcement Guidelines for regulatory and consumer protection investigations;
  • Enforcement Guidelines for Competition Act investigations;
  • Procedures for investigating breaches of competition-related conditions in Broadcasting Act licences; and
  • Advice for complainants and whistle blowers.

Ofcom is seeking views on its proposed changes by 5pm on 6 March 2017. Following this period of consultation, Ofcom plans to publish a statement in spring 2017.

Ofcom is also taking this opportunity to seek stakeholder views on proposed changes to its current procedures for handling content standards and broadcast licensing investigations and sanctions. For further information and to access the consultation documents, click here.