UK Children’s Commissioner threatens statutory action to access Online Safety Act risk assessments

This conflict highlights a significant transparency gap in how the UK's new digital regulations are enforced. If the Children’s Commissioner successfully uses statutory powers to bypass Ofcom, streaming and social platforms could face dual layers of scrutiny regarding their internal safety protocols and algorithmic configurations. This tension suggests that compliance for video platforms will extend beyond meeting Ofcom’s baseline to satisfying independent safeguarding audits. The industry should watch for the House of Lords committee's response to De Souza’s request for assistance, which could trigger a formal shift in how platform risk data is shared among UK state agencies.

The Online Safety Act 2023 has created a complex enforcement architecture where multiple UK bodies hold overlapping but distinct statutory powers over platform safety. Ofcom, as the primary regulator, has been building out its supervisory capacity since the Act received Royal Assent. In early 2026, Ofcom published its first set of illegal content codes of practice requiring platforms to implement specific safety measures, marking the transition from legislative framework to active enforcement. The Children's Commissioner's attempt to access risk assessments directly from platforms represents a test of whether the Act's information-sharing provisions extend beyond Ofcom's exclusive supervisory role.

The dispute between De Souza and Ofcom reflects broader tensions about institutional accountability in the UK's digital regulatory regime. The House of Lords Communications and Digital Committee launched an inquiry into the implementation of the Online Safety Act in 2026, examining whether the regulatory framework is delivering on its stated objectives for child protection. This parliamentary scrutiny adds pressure on Ofcom to demonstrate that its gatekeeping role over platform risk data is justified by effective enforcement outcomes rather than bureaucratic control. The Commissioner's statutory powers under the Children and Young Persons Act 2008 could, if exercised, create a parallel information channel that bypasses Ofcom's discretion entirely.

The technical dimensions of risk assessments under the Online Safety Act require platforms to evaluate algorithmic recommendation systems, content moderation efficacy, and age-assurance mechanisms. Ofcom's guidance on children's access assessments requires platforms to model the likelihood of children encountering harmful content categories, including specific thresholds for content types such as self-harm material and pornography. For streaming platforms with user-generated content features or social interaction layers, these assessments demand granular data on recommendation algorithm behavior that platforms have historically treated as commercially sensitive. The outcome of De Souza's challenge will likely determine whether such data remains shielded behind Ofcom's supervisory wall or becomes accessible to independent safeguarding bodies with their own statutory mandates.