Legislation – Online Safety Act 2023
PART 1
Introduction
PART 2
Key definitions
3 “User-to-user service” and “search service”
4 “Regulated service”, “Part 3 service” etc
5 Disapplication of Act to certain parts of services
PART 3
Providers of regulated user-to-user services and regulated search services: duties of care
CHAPTER 2 Providers of user-to-user services: duties of care
User-to-user services: which duties apply, and scope of duties
7 Providers of user-to-user services: duties of care
Illegal content duties for user-to-user services
9 Illegal content risk assessment duties
10 Safety duties about illegal content
User-to-user services likely to be accessed by children
11 Children’s risk assessment duties
12 Safety duties protecting children
13 Safety duties protecting children: interpretation
14 Assessment duties: user empowerment
16 User empowerment duties: interpretation
17 Duties to protect content of democratic importance
18 Duties to protect news publisher content
19 Duties to protect journalistic content
Duties about content reporting and complaints procedures
20 Duty about content reporting
21 Duties about complaints procedures
22 Duties about freedom of expression and privacy
23 Record-keeping and review duties
CHAPTER 3 Providers of search services: duties of care
Search services: which duties apply, and scope of duties
24 Providers of search services: duties of care
Illegal content duties for search services
26 Illegal content risk assessment duties
27 Safety duties about illegal content
Search services likely to be accessed by children
28 Children’s risk assessment duties
29 Safety duties protecting children
30 Safety duties protecting children: interpretation
Duties about content reporting and complaints procedures
31 Duty about content reporting
32 Duties about complaints procedures
33 Duties about freedom of expression and privacy
34 Record-keeping and review duties
CHAPTER 4 Children’s access assessments
35 Children’s access assessments
36 Duties about children’s access assessments
37 Meaning of “likely to be accessed by children”
CHAPTER 5 Duties about fraudulent advertising
38 Duties about fraudulent advertising: Category 1 services
39 Duties about fraudulent advertising: Category 2A services
CHAPTER 6 Codes of practice and guidance
41 Codes of practice about duties
42 Codes of practice: principles, objectives, content
43 Procedure for issuing codes of practice
44 Secretary of State’s powers of direction
45 Procedure for issuing codes of practice following direction under section 44
46 Publication of codes of practice
47 Review of codes of practice
48 Minor amendments of codes of practice
49 Relationship between duties and codes of practice
50 Effects of codes of practice
51 Duties and the first codes of practice
52 OFCOM’s guidance about certain duties in Part 3
53 OFCOM’s guidance: content that is harmful to children and user empowerment
54 OFCOM’s guidance about protecting women and girls
CHAPTER 7 Interpretation of Part 3
55 “Regulated user-generated content”, “user-generated content”, “news publisher content”
56 “Recognised news publisher”
57 “Search content”, “search results” etc
58 Restricting users’ access to content
60 “Content that is harmful to children”
61 “Primary priority content that is harmful to children”
62 “Priority content that is harmful to children”
63 Content harmful to children: OFCOM’s review and report
PART 4
Other duties of providers of regulated user-to-user services and regulated search services
CHAPTER 1 User identity verification
65 OFCOM’s guidance about user identity verification
CHAPTER 2 Reporting child sexual exploitation and abuse content
66 Requirement to report CSEA content to the NCA
67 Regulations about reports to the NCA
69 Offence in relation to CSEA reporting
70 Interpretation of this Chapter
CHAPTER 3 Terms of service: transparency, accountability and freedom of expression
71 Duty not to act against users except in accordance with terms of service
72 Further duties about terms of service
73 OFCOM’s guidance about duties set out in sections 71 and 72
74 Interpretation of this Chapter
CHAPTER 4 Deceased Child Users
75 Disclosure of information about use of service by deceased child users
76 OFCOM’s guidance about duties set out in section 75
CHAPTER 5 Transparency reporting
77 Transparency reports about certain Part 3 services
78 OFCOM’s guidance about transparency reports
PART 5
Duties of providers of regulated services: certain pornographic content
79 “Provider pornographic content” and “regulated provider pornographic content”
80 Scope of duties about regulated provider pornographic content
81 Duties about regulated provider pornographic content
82 OFCOM’s guidance about duties set out in section 81
PART 6
Duties of providers of regulated services: fees
85 Regulations by OFCOM about qualifying worldwide revenue etc
87 Secretary of State’s guidance about fees
89 Recovery of OFCOM’s initial costs
90 Meaning of “charging year” and “initial charging year”
PART 7
OFCOM’s powers and duties in relation to regulated services
91 General duties of OFCOM under section 3 of the Communications Act
92 Duties in relation to strategic priorities
93 Duty to carry out impact assessments
CHAPTER 2 Register of categories of regulated user-to-user services and regulated search services
94 Meaning of threshold conditions etc
95 Register of categories of certain Part 3 services
97 List of emerging Category 1 services
CHAPTER 3 Risk assessments of regulated user-to-user services and regulated search services
98 OFCOM’s register of risks, and risk profiles, of Part 3 services
99 OFCOM’s guidance about risk assessments
Information powers and information notices
100 Power to require information
101 Information in connection with an investigation into the death of a child
103 Requirement to name a senior manager
104 Reports by skilled persons
106 Power to require interviews
Powers of entry, inspection and audit
107 Powers of entry, inspection and audit
108 Amendment of Criminal Justice and Police Act 2001
Information offences and penalties
109 Offences in connection with information notices
110 Senior managers’ liability: information offences
111 Offences in connection with notices under Schedule 12
112 Other information offences
113 Penalties for information offences
114 Co-operation and disclosure of information: overseas regulators
116 Intelligence service information
117 Provision of information to the Secretary of State
118 Amendment of Enterprise Act 2002
119 Information for users of regulated services
120 Admissibility of statements
121 Notices to deal with terrorism content or CSEA content (or both)
122 Requirement to obtain skilled person’s report
124 Matters relevant to a decision to give a notice under section 121(1)
125 Notices under section 121(1): supplementary
126 Review and further notice under section 121(1)
127 OFCOM’s guidance about functions under this Chapter
129 Interpretation of this Chapter
Provisional notices and confirmation decisions
130 Provisional notice of contravention
131 Requirements enforceable by OFCOM against providers of regulated services
133 Confirmation decisions: requirements to take steps
134 Confirmation decisions: risk assessments
135 Confirmation decisions: children’s access assessments
136 Confirmation decisions: proactive technology
137 Confirmation decisions: penalties
138 Confirmation decisions: offences
139 Penalty for failure to comply with confirmation decision
140 Penalty for failure to comply with notice under section 121(1)
142 Information to be included in notices under sections 140 and 141
144 Service restriction orders
145 Interim service restriction orders
147 Interim access restriction orders
148 Interaction with other action by OFCOM
Publication of enforcement action
149 Publication by OFCOM of details of enforcement action
150 Publication by providers of details of enforcement action
151 OFCOM’s guidance about enforcement action
CHAPTER 7 Committees, research and reports
152 Advisory committee on disinformation and misinformation
153 Functions of the Content Board
154 Research about users’ experiences of regulated services
154A Information for research about online safety matters
156 OFCOM’s statement about freedom of expression and privacy
157 OFCOM’s reports about use of age assurance
158 OFCOM’s reports about news publisher content and journalistic content
159 OFCOM’s transparency reports
160 OFCOM’s report about reporting and complaints procedures
161 OFCOM’s report about use of app stores by children
162 OFCOM’s report about researchers’ access to information
163 OFCOM’s report in connection with investigation into a death
166 Media literacy strategy and media literacy statement
PART 8
Appeals and super-complaints
167 Appeals against OFCOM decisions relating to the register under section 95
168 Appeals against OFCOM notices
169 Power to make super-complaints
170 Procedure for super-complaints
171 OFCOM’s guidance about super-complaints
PART 9
Secretary of State’s functions in relation to regulated services
172 Statement of strategic priorities
173 Consultation and parliamentary procedure
174 Directions about advisory committees
175 Directions in special circumstances
176 Secretary of State’s guidance
177 Annual report on the Secretary of State’s functions
PART 10
Communications offences
179 False communications offence
180 Exemptions from offence under section 179
181 Threatening communications offence
182 Interpretation of sections 179 to 181
183 Offences of sending or showing flashing images electronically
184 Offence of encouraging or assisting serious self-harm
185 Extra-territorial application and jurisdiction
186 Liability of corporate officers
187 Sending etc photograph or film of genitals
188 Sharing or threatening to share intimate photograph or film
189 Repeals in connection with offences under sections 179 and 181
190 Repeals in connection with offences under section 188
PART 11
Supplementary and general
192 Providers’ judgements about the status of content
193 OFCOM’s guidance about illegal content judgements
194 Time for publishing first guidance under certain provisions of this Act
195 Providers that are not legal persons
196 Individuals providing regulated services: liability
197 Liability of parent entities etc
198 Former providers of regulated services
199 Information offences: supplementary
200 Offence of failure to comply with confirmation decision: supplementary
202 Liability of corporate officers for offences
203 Application of offences to providers that are not legal persons
204 Extra-territorial application
205 Offences: extra-territorial application and jurisdiction
206 Payment of sums into the Consolidated Fund
209 Amendments of Part 4B of the Communications Act
210 Repeal of Part 4B of the Communications Act
211 Repeal of Part 4B of the Communications Act: transitional provision etc
212 Repeals: Digital Economy Act 2017
213 Offence under the Obscene Publications Act 1959: OFCOM defence
214 Offences regarding indecent photographs of children: OFCOM defence
215 Power to regulate app stores
216 Power to regulate app stores: supplementary
217 Power to impose duty about alternative dispute resolution procedure
219 Powers to amend sections 61 and 62
220 Powers to amend or repeal provisions relating to exempt content or services
221 Powers to amend Part 2 of Schedule 1
222 Powers to amend Schedules 5, 6 and 7
223 Power to make consequential provision
225 Parliamentary procedure for regulations
PART 12
Interpretation and final provisions
226 “Provider” of internet service
227 “User”, “United Kingdom user” and “interested person”
230 “Age verification” and “age estimation”
232 Content communicated “publicly” or “privately”
235 “Online safety functions” and “online safety matters”
240 Commencement and transitional provision
SCHEDULES
SCHEDULE 1 Exempt user-to-user and search services
SCHEDULE 3 Timing of providers’ assessments
SCHEDULE 4 Codes of practice under section 41: principles, objectives, content
SCHEDULE 6 Child sexual exploitation and abuse offences
SCHEDULE 10 Recovery of OFCOM’s initial costs
SCHEDULE 11 Categories of regulated user-to-user services and regulated search services: regulations
SCHEDULE 12 OFCOM’s powers of entry, inspection and audit
SCHEDULE 13 Penalties imposed by OFCOM under Chapter 6 of Part 7
SCHEDULE 14 Amendments consequential on offences in Part 10 of this Act
SCHEDULE 15 Liability of parent entities etc
SCHEDULE 16 Amendments of Part 4B of the Communications Act
SCHEDULE 17 Video-sharing platform services: transitional provision etc
Changes to legislation:
There are currently no known outstanding effects for the Online Safety Act 2023, Section 210.
Changes to Legislation
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
PART 11Supplementary and general
Repeals and amendments
210Repeal of Part 4B of the Communications Act
(1)
In the Communications Act, omit Part 4B (video-sharing platform services).
(2)
In the Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), omit Part 4 (which inserts Part 4B into the Communications Act).
(3)
In this Act, omit—
(a)
section 209, and
(b)
Schedule 16.
(4)
In the Audiovisual Media Services (Amendment) (EU Exit) Regulations 2020 (S.I. 2020/1536), omit regulation 4.