Under section 24A of the Communications Act 2003 (as inserted by the Digital Economy Act 2017), Ofcom has a statutory duty to share information with Government at least 24 hours before publication. To commence the duty, the Secretary of State for Digital, Media and Sport must specify by regulations what categories of information will be exempt from this duty, following consultation with Ofcom. As announced in a Written Ministerial Statement tabled by the Secretary of State, the Department’s consultation with Ofcom has now concluded and the implementation of the duty via a negative Statutory Instrument is expected to take place in the Autumn. The following consultation correspondence between DCMS and Ofcom sets out the Secretary of State’s final decision on what information will be listed as exempt from the duty in the regulations.
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