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Ofcom can issue a statutory information notice under section 100 of the Online Safety Act to people within specified statutory classes when it needs information to exercise, or decide whether to exercise, its online safety functions. That can include information a recipient must obtain or generate, and—under specified conditions—remote viewing of real-time information about how a service’s systems, processes, features or algorithms work. The Act applies to regulated services within its scope, not automatically to every website or person.
What information can Ofcom require?
Section 100 gives Ofcom a formal notice power, not merely the ability to make an informal request. It may require a person in the statutory recipient classes to provide information Ofcom needs for its online safety functions. The information may be in any form, including electronic form.
Information the recipient must obtain or generate
A notice can require the recipient to obtain or generate information, rather than provide only material it already holds. It can also require information about a named individual’s use of a service. The power is tied to Ofcom’s statutory online safety functions; it is not a general route to demand unrelated material.
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Remote viewing, tests and demonstrations
Under section 100(3), a notice can, in specified circumstances, require a relevant provider to arrange for a person authorised by Ofcom to remotely view specified real-time information. This may demonstrate how service systems, processes or features operate, including functionalities and algorithms. A notice can also require real-time information generated by a test or demonstration. The recipient must receive at least seven days’ notice before it is required to take the remote-viewing steps.
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Who can receive a notice, and what should it say?
Section 100 sets out the people and organisations Ofcom may require to provide information. It is therefore misleading to say Ofcom can demand information from anyone. The detailed recipient classes and the circumstances that apply depend on the relevant statutory route.
For a section 100 or section 101 information notice, section 102 requires the notice to specify or describe:
- the information required and why Ofcom needs it;
- the form and manner in which it must be provided;
- the date, period or intervals for providing it; and
- the consequences of not complying.
A notice may also specify where and to whom the information must be provided. A recipient must comply with the notice and ensure that the information is accurate in all material respects. Ofcom’s Information Registry says it expects clear, complete and accurate responses by the stated deadline. As Ofcom puts it: “It’s important you provide clear, complete and accurate responses to a statutory information notice by the deadline given.”
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Do not assume that material sent to Ofcom will remain confidential in every circumstance. Its treatment depends on applicable law and Ofcom’s process, including the rules on confidentiality, personal data and disclosure.
How the information power differs from other routes
Part 7 of the Act gives Ofcom several distinct information-gathering tools. They have separate legal bases and conditions; they are not interchangeable with a section 100 notice.
- Section 100 information notice: requires information for Ofcom’s online safety functions, and may include obtaining or generating information or, in specified circumstances, remote viewing.
- Section 104 skilled-person report: a separate power concerning reports by skilled persons.
- Section 106 interview: a separate interview power.
- Schedule 12: provides entry, inspection and audit powers.
The Act and Ofcom’s information-powers guidance set out the conditions for these routes. A section 100 notice should not be treated as if it automatically authorises an interview, inspection or audit.
How section 101 differs from an ordinary information notice
Section 101 creates a separate route connected with an investigation into a child’s death. It involves specified investigating authorities and has its own statutory conditions. Ofcom’s guidance describes a coroner information notice and a data-preservation notice. This route is not a general investigative shortcut and should not be conflated with Ofcom’s ordinary section 100 power.
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| Feature | Section 100 | Section 101 |
|---|---|---|
| Purpose | Information Ofcom needs to exercise, or decide whether to exercise, its online safety functions. | Responding to a specified authority’s request connected with an investigation into a child’s death. |
| Typical emphasis | Focused information, including information to obtain or generate and certain remote viewing or tests. | Information requests and preservation connected with the investigation. |
| Requirements | Applies to statutory recipient classes; section 102 notice particulars apply. | Has separate statutory authorities, conditions and notice requirements. |
For either route, the actual notice and the relevant statutory provisions determine what the recipient must do.
What limits and safeguards apply?
Ofcom’s section 100 power must serve its statutory online safety functions. The Act also says the power does not include requiring personal-data processing that would contravene data-protection legislation; the duty imposed by the notice is taken into account in assessing that question. The notice and Ofcom’s current information-powers guidance should be read together when considering a particular request.
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The notice itself matters: its specified information, reasons, delivery method and timing define the requirement. If you receive one, read it alongside current Ofcom guidance and seek appropriate legal advice where needed, especially if you believe compliance would raise data-protection or other legal issues.
Independent reader supportYour contribution helps us test, update, and keep practical guides available for everyone.What happens if a recipient does not comply?
Section 109 makes failure to comply with a requirement of an information notice an offence. It also covers knowingly or recklessly providing materially false information, and specified conduct involving unintelligible encryption intended to prevent Ofcom from understanding required information. The statutory elements and circumstances matter: a delay or mistake does not, by itself, establish criminal liability.
Section 109 provides a defence to a failure-to-comply charge where it was not reasonably practicable to comply by the required time and the person later took the reasonable and reasonably practicable steps to comply.
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Ofcom’s wider enforcement process
Ofcom monitors compliance, gathers evidence and can investigate whether a provider has failed to meet an enforceable requirement. If it considers there are reasonable grounds to believe a provider or another covered person has failed or is failing to comply, the Act allows it to issue a provisional notice of contravention. That is an allegation at a provisional stage, not a final finding. The process can proceed to a confirmation decision and, where statutory conditions are met, a penalty and further enforcement measures.
Ofcom says the maximum financial penalty for relevant serious non-compliance can be 10% of qualifying worldwide revenue or £18 million, whichever is greater. This is a ceiling for relevant cases, not an automatic penalty for every breach; the applicable statutory provisions and facts determine the outcome. Ofcom also says it can apply to a court to block a site in the UK in the most serious cases.
How many section 100 notices has Ofcom issued?
In an FOI response issued on 10 December 2025, using figures collated as at 18 November 2025, Ofcom reported 184 draft and 232 final section 100 notices. It also reported findings of non-compliance related to notices for 4chan, AVS Group Ltd and Itai Tech Ltd. These are dated figures, not a live total.
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Ofcom publishes separate Online Safety Enforcement Guidance and Online Safety Information Powers Guidance. Its documents index also listed updated guidance for its functions under Chapter 5 of Part 7 dated 8 May 2026. The statutory text reviewed for this article was amended to 30 September 2026. Since legislation and guidance can change, providers handling a notice should check the current Act, Ofcom’s live guidance and the notice itself rather than relying on a summary.
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