The Tribunal Procedure Committee (TPC) has launched a consultation on a number of proposed amendments to rules of the Upper Tribunal governing appeals under the Online Safety Act 2023 (OSA).

The OSA provides a process whereby, under s.168, “any person with a sufficient interest” can appeal to the Upper Tribunal against certain decisions made by Ofcom. These relate to:

• Technology Notices. These are found in section 121(1) of the OSA and require regulated user-to-user and search services to use ‘accredited technology’ to identify and prevent users from encountering terrorism and child sexual abuse content.

• Confirmation Decisions. These relate to circumstances where Ofcom has given a provisional notice to a person that they have failed to comply with a duty or requirement under the OSA and the period allowed for representations has expired. As set out in sections 132-138 of the OSA, confirmation decisions may require the person to take various steps to remedy the contravention, pay a penalty, or both.

• Penalty Notices. These impose a financial penalty for: failure to comply with steps set out in a confirmation decision; failure to comply with requirements set out in a technology notice; and failure to pay fees.

The Upper Tribunal Procedure Rules provide for different time limits for applying for permission to appeal, depending on the type of case. Ofcom had proposed that appeals under section 168 of the OSA should be subject to a one-month time limit, like any other appeal that does not have a bespoke time-limit set out in the rules. However, the TPC takes a different view, and seeks views on its proposal that a three-month limit should apply for appeals brought by interested persons who are not the recipient of an Ofcom notice.

The TPC also consults on proposed changes to costs rules in the Upper Tribunal in relation to cases brought under the OSA. As the consultation explains, the effect of existing rules on cases heard in the Upper Tribunal which are not an appeal from another tribunal is that, as it stands, costs would only be awarded in cases where there had been unreasonable conduct in proceedings.

The consultation proposes to displace this rule in relation to cases under the OSA, so that the Upper Tribunal would be given a general discretion to decide when costs should be awarded without being required to take into account specified factors.

The consultation closes on 21 May 2026, and can be found here.