Legislation – Online Safety Act 2023

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PART 7OFCOM’s powers and duties in relation to regulated services

CHAPTER 5Regulated user-to-user services and regulated search services: notices to deal with terrorism content and CSEA content

123Warning notices

(1)

OFCOM may give a notice under section 121(1) to a provider relating to a service or part of a service only after giving a warning notice to the provider that they intend to give such a notice relating to that service or that part of it.

(2)

A warning notice under subsection (1) relating to the use of accredited technology (see section 121(2)(a) and (3)(a)) must—

(a)

contain a summary of the report obtained by OFCOM under section 122,

(b)

contain details of the technology that OFCOM are considering requiring the provider to use,

(c)

specify whether the technology is to be required in relation to terrorism content or CSEA content (or both),

(d)

specify any other requirements that OFCOM are considering imposing (see section 125(2) to (4)),

(e)

specify the period for which OFCOM are considering imposing the requirements (see section 125(7)),

(f)

state that the provider may make representations to OFCOM (with any supporting evidence), and

(g)

specify the period within which representations may be made.

(3)

A warning notice under subsection (1) relating to the development or sourcing of technology (see section 121(2)(b)and (3)(b)) must—

(a)

contain a summary of the report obtained by OFCOM under section 122,

(b)

describe the proposed purpose for which the technology must be developed or sourced (see section 121(2)(a)(iii) and (iv) and (3)(a)(ii)),

(c)

specify steps that OFCOM consider the provider needs to take in order to comply with the requirement described in section 121(2)(b) or (3)(b), or both those requirements (as the case may be),

(d)

specify the proposed period within which the provider must take each of those steps,

(e)

specify any other requirements that OFCOM are considering imposing,

(f)

state that the provider may make representations to OFCOM (with any supporting evidence), and

(g)

specify the period within which representations may be made.

(4)

A notice under section 121(1) that relates to both the user-to-user part of a combined service and the search engine of the service (as described in section 121(4)(c) or (d)) may be given to the provider of the service only if—

(a)

two separate warning notices have been given to the provider (one relating to the user-to-user part of the service and the other relating to the search engine), or

(b)

a single warning notice relating to both the user-to-user part of the service and the search engine has been given to the provider.

(5)

A notice under section 121(1) may not be given to a provider until the period allowed by the warning notice for the provider to make representations has expired.