Consultation

Consultation on the OfS’s new free speech complaints scheme


Published 14 December 2023

Proposal M: A respondent’s duty to comply

(section M of the scheme rules)

  1. Under the Act, a respondent to a free speech complaint must comply with any requirements that the scheme imposes on it. The Act also states that, if a respondent fails to comply with a requirement imposed by the scheme and does not satisfy us that it is unable to comply, we may enforce the requirement in civil proceedings for an injunction.56 We propose to include rules in the scheme that reflect those provisions.
  2. Under the proposed scheme rules, a respondent must comply with any requirements that are imposed on it by, or under, the rules. This would include any requirement to provide information set out in a notice that we send to the respondent under the proposed information requirements in the scheme (see Proposal L).

[56] HERA Sch. 6A 11.

  1. We consider that this provision may act as an incentive for respondents to comply with the requirements of the scheme rules, in a timely manner. We also consider that the provision will enable us to enforce requirements that may be necessary for us to determine a complaint.

Questions:

Question M: Do you have any comments on Proposal M regarding a respondent’s duty to comply?

Respond to the consultation
Published 14 December 2023

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