How does the two-stage test work?
Stage one asks whether children can normally access the service or a particular part of it. A provider can conclude they cannot only where highly effective age assurance and access controls prevent users who have not been identified as adults from entering. Self-declared age, an age statement in terms, or a weak gate does not support that conclusion.
If children can access the service, stage two asks whether the is met: there is a significant number of child users, or the service is of a kind likely to attract a significant number of children. Assess actual and foreseeable use, not only the intended audience. A conclusion can differ between distinct parts of one service.
- Define the service or part being assessed and treat a child as a person under 18.
- Use user data, research, complaints, content, design, marketing, competitors, and foreseeable circumvention to assess actual use and likely attraction.
- Record the steps and detailed evidence supporting the result, especially any conclusion that the service is not likely to be accessed by children.
Citations (3)
- Online Safety Act 2023, sections 35 and 36
Defines children's access assessments and requires regulated user-to-user and search providers to complete them.
- Online Safety Act 2023
Defines when a service is likely to be accessed by children and the child user condition.
- Ofcom - Children's access assessment duties
Explains Ofcom's two-stage method and evidence expectations.