Statement published 26 June 2025
Today we are publishing our policy statement on the implementation of the online safety fees and penalties regime. We have carefully considered responses to our public consultation, which ran from October 2024 to January 2025, and today set out our final decisions and the reasons for reaching such decisions.
We will continue to engage with stakeholders through further consultations on Notification Guidance, Qualifying Worldwide Revenue (QWR) Guidance and a Statement of Charging Principles later this year ahead of the regime coming into force.
The Online Safety Act 2023 (Act) requires that Ofcom’s operating costs for the online safety regime are recovered through fees imposed on certain providers of regulated services. In particular, providers whose QWR is above a threshold set by the Secretary of State (following advice from Ofcom) and which are not exempt from the duty to pay fees.
Whilst the Act requires that Ofcom set fees by reference to a provider's QWR, the Act does not define QWR and gives Ofcom the power to do so in regulations. The Act also stipulates that the same definition of QWR for fees should apply to calculate the maximum penalty that can be imposed by Ofcom on a provider in breach of its duties under the Act, although we have the power to adopt a different definition where we find joint and several liability.
This Statement sets out our final decisions regarding implementation of the fees and penalties regime under the Act. It includes our decisions on:
- The definition of, and approach to calculating QWR for the purpose of online safety fees;
- The definition of QWR which should apply to determine penalty caps where there is joint and several liability;
- Exemptions to the fees regime;
- Our advice to the Secretary of State on the QWR Threshold;
- Our approach to the Statement of Charging Principles;
- The evidence, information and supporting documents to be supplied by providers as part of the QWR Notifications process.
Today, the Government is also expected to lay Ofcom’s QWR and Notification Regulations in Parliament (Annex 3 and 4 to this statement).
We have also submitted our advice on the QWR Threshold to the Secretary of State as required under the Act. The Secretary of State is required to make regulations setting the QWR Threshold figure, which are expected to be laid in Parliament in Q4 2025. Liable providers will then have to submit their QWR notifications to Ofcom. For the first charging year, notifications need to be submitted within four months of the date on which the threshold regulations come into force.
In accordance with the Act, we have also submitted to the Secretary of State our decision on the UK referable revenue exemption for approval. A formal announcement on the outcome of the approval process will be published on our website.
If you have any questions about this statement, please contact us on osfeesregime@ofcom.org.uk.
This is the first consultation that Ofcom, as regulator of the Online Safety Act 2023, is publishing as part of our work to implement a new fees and penalties regime for online safety.
The Act requires that Ofcom’s operating costs for the online safety regime are covered by providers of regulated services through a fees regime, and that the calculation of fees should be based on providers' qualifying worldwide revenue (QWR). The Act also stipulates that the same determination of QWR for fees is also used to calculate the maximum penalty cap that can be imposed on a provider in breach of its duties under the Act, although we have the power to take a different approach where we find joint and several liability.
This consultation sets out our proposals for fees and penalties, including:
- The definition and threshold of qualifying worldwide revenue (QWR)
- An exemption from the fees regime
- Our approach to the Statement of Charging Principles
- Details providers must supply and the way in which they must be supplied for fees notification
- Our proposals for QWR when setting maximum penalties
Statement - Annex documents
Consultation - Annex documents
Responses
Contact information
Online Safety Fees Team
OfcomRiverside House
2A Southwark Bridge Road
London SE1 9HA