Section 247 OFCOM’s notices to providers of internet servicesI1

In Chapter 5 of Part 1 of the Coroners and Justice Act 2009 (coroners: further provision to do with investigations and deaths), before section 32 insert—

“Duty to notify OFCOM of certain child deaths

31A

(1)

A senior coroner who is made aware that the body of a deceased child is within that coroner’s area must notify the Office of Communications (OFCOM) of that fact within 5 working days of being made aware of the body, unless—

(a)

the coroner decides that the death is not one into which the coroner has a duty under section 1(1) to conduct an investigation, or

(b)

the coroner is satisfied that no purpose would be served by OFCOM giving a notice under section 101(C1) of the Online Safety Act 2023 requiring the retention of information about the use of internet services by the child who has died, because such information is of no relevance to the child’s death.

(2)

In this section “child” means a person who, at the time of death, was (to the best of the coroner’s knowledge) aged between 5 and 17.

(3)

In this section “working day” means any day other than—

(a)

Saturday or Sunday,

(b)

Christmas Day or Good Friday, or

(c)

a day which is a bank holiday under the Banking and Financial Dealings Act 1971 in England and Wales.”

The Online Safety Act 2023 is amended in accordance with subsections (3) and (4).

In section 101 (information in connection with an investigation into the death of a child)—

In section 102 (information notices), in subsection (5A)(c), for “for the period of one year beginning with the date of the notice,” substitute

“—

(i)

where the investigating authority is a senior coroner (in England and Wales), for the period of six months beginning with the date of the notice, or

(ii)

in other cases, for the period of one year beginning with the date of the notice,”.