Legislation – Online Safety Act 2023

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Introduction

PART 1
Introduction

1 Introduction

2 Overview of Act

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 1 Introduction

6 Overview of Part 3

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

8 Scope of 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

Category 1 services

14 Assessment duties: user empowerment

15 User empowerment duties

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

Cross-cutting duties

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

25 Scope of 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

Cross-cutting duties

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

40 Fraud etc offences

CHAPTER 6 Codes of practice and guidance

Codes of practice

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

Guidance

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

59 “Illegal content” etc

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

64 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

68 NCA: information sharing

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

83 Duty to notify OFCOM

84 Duty to pay fees

85 Regulations by OFCOM about qualifying worldwide revenue etc

86 Threshold figure

87 Secretary of State’s guidance about fees

88 OFCOM’s fees statements

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

CHAPTER 1 General duties

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

96 Duty to maintain register

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

CHAPTER 4 Information

Information powers and information notices

100 Power to require information

101 Information in connection with an investigation into the death of a child

102 Information notices

103 Requirement to name a senior manager

Skilled persons’ reports

104 Reports by skilled persons

Investigations and interviews

105 Investigations

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

Disclosure of information

114 Co-operation and disclosure of information: overseas regulators

115 Disclosure of information

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

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

121 Notices to deal with terrorism content or CSEA content (or both)

122 Requirement to obtain skilled person’s report

123 Warning notices

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

128 OFCOM’s annual report

129 Interpretation of this Chapter

CHAPTER 6 Enforcement powers

Provisional notices and confirmation decisions

130 Provisional notice of contravention

131 Requirements enforceable by OFCOM against providers of regulated services

132 Confirmation decisions

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

Penalty notices etc

139 Penalty for failure to comply with confirmation decision

140 Penalty for failure to comply with notice under section 121(1)

141 Non-payment of fee

142 Information to be included in notices under sections 140 and 141

Amount of penalties etc

143 Amount of penalties etc

Business disruption measures

144 Service restriction orders

145 Interim service restriction orders

146 Access 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

Guidance

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

155 Consumer consultation

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

164 OFCOM’s reports

CHAPTER 8 Media literacy

165 Media literacy

166 Media literacy strategy and media literacy statement

PART 8
Appeals and super-complaints

CHAPTER 1 Appeals

167 Appeals against OFCOM decisions relating to the register under section 95

168 Appeals against OFCOM notices

CHAPTER 2 Super-complaints

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

178 Review

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

191 Consequential amendments

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

201 Defences

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

207 Publication by OFCOM

208 Service of notices

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

218 Power to amend section 40

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

224 Regulations: general

225 Parliamentary procedure for regulations

PART 12
Interpretation and final provisions

226 “Provider” of internet service

227 “User”, “United Kingdom user” and “interested person”

228 “Internet service”

229 “Search engine”

230 “Age verification” and “age estimation”

231 “Proactive technology”

232 Content communicated “publicly” or “privately”

233 “Functionality”

234 “Harm” etc

235 “Online safety functions” and “online safety matters”

236 Interpretation: general

237 Index of defined terms

238 Financial provisions

239 Extent

240 Commencement and transitional provision

241 Short title

SCHEDULES

SCHEDULE 1 Exempt user-to-user and search services

SCHEDULE 2 User-to-user services and search services that include regulated provider pornographic content

SCHEDULE 3 Timing of providers’ assessments

SCHEDULE 4 Codes of practice under section 41: principles, objectives, content

SCHEDULE 5 Terrorism offences

SCHEDULE 6 Child sexual exploitation and abuse offences

SCHEDULE 7 Priority offences

SCHEDULE 8 Transparency reports by providers of Category 1 services, Category 2A services and Category 2B services

SCHEDULE 9 Certain internet services not subject to duties relating to regulated provider pornographic content

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

SCHEDULES

SCHEDULE 7Priority offences

Section 59

Assisting suicide

1

An offence under section 2 of the Suicide Act 1961 (assisting suicide etc).

2

An offence under section 13 of the Criminal Justice Act (Northern Ireland) 1966 (c. 20 (N.I.)) (assisting suicide etc).

Threats to kill

3

An offence under section 16 of the Offences against the Person Act 1861 (threats to kill).

Public order offences, harassment, stalking and fear or provocation of violence

4

An offence under any of the following provisions of the Public Order Act 1986—

(a)

section 4 (fear or provocation of violence);

(b)

section 4A (intentional harassment, alarm or distress);

(c)

section 5 (harassment, alarm or distress);

5

An offence under any of the following provisions of the Public Order Act 1986—

(a)

section 18 (use of words or behaviour or display of written material);

(b)

section 19 (publishing or distributing written material);

(c)

section 21 (distributing, showing or playing a recording);

(d)

section 29B (use of words or behaviour or display of written material);

(e)

section 29C (publishing or distributing written material);

(f)

section 29E (distributing, showing or playing a recording).

6

An offence under section 50A of the Criminal Law (Consolidation) (Scotland) Act 1995 (racially-aggravated harassment).

7

An offence under any of the following provisions of the Protection from Harassment Act 1997—

(a)

section 2 (harassment);

(b)

section 2A (stalking);

(c)

section 4 (putting people in fear of violence);

(d)

section 4A (stalking involving fear of violence or serious alarm or distress).

8

An offence under any of the following provisions of the Protection from Harassment (Northern Ireland) Order 1997 (S.I. 1997/1180 (N.I. 9))—

(a)

Article 4 (harassment);

(b)

Article 6 (putting people in fear of violence).

9

An offence under any of the following provisions of the Crime and Disorder Act 1998—

(a)

section 31 (racially or religiously aggravated public order offences);

(b)

section 32 (racially or religiously aggravated harassment etc).

10

An offence under any of the following provisions of the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13)

(a)

section 38 (threatening or abusive behaviour);

(b)

section 39 (stalking).

11

An offence under section 76 of the Serious Crime Act 2015 (controlling or coercive behaviour in an intimate or family relationship).

Drugs and psychoactive substances

12

An offence under any of the following provisions of the Misuse of Drugs Act 1971—

(a)

section 4(3) (unlawful supply, or offer to supply, of controlled drugs);

(b)

section 9A (prohibition of supply etc of articles for administering or preparing controlled drugs);

(c)

section 19 (inciting any other offence under that Act).

13

An offence under section 5 of the Psychoactive Substances Act 2016 (supplying, or offering to supply, a psychoactive substance).

Firearms and other weapons

14

An offence under section 1(1) or (2) of the Restriction of Offensive Weapons Act 1959 (sale etc of flick knife etc).

15

An offence under any of the following provisions of the Firearms Act 1968—

(a)

section 1(1) (purchase etc of firearms or ammunition without certificate);

(b)

section 2(1) (purchase etc of shot gun without certificate);

(c)

section 3(1) (dealing etc in firearms or ammunition by way of trade or business without being registered);

(d)

section 3(2) (sale etc of firearms or ammunition to person other than registered dealer);

(e)

section 5(1), (1A) or (2A) (purchase, sale etc of prohibited weapons);

(f)

section 21(5) (sale etc of firearms or ammunition to persons previously convicted of crime);

(g)

section 22(1) (purchase etc of firearms or ammunition by person under 18);

(h)

section 24 (supplying firearms to minors);

(i)

section 24A (supplying imitation firearms to minors).

16

An offence under any of the following provisions of the Crossbows Act 1987—

(a)

section 1 (sale and letting on hire of crossbow);

(b)

section 2 (purchase and hiring of crossbow).

17

An offence under any of the following provisions of the Criminal Justice Act 1988—

(a)

section 141(1) or (4) (sale etc of offensive weapons);

(b)

section 141A (sale of knives etc to persons under 18).

18

An offence under any of the following provisions of the Criminal Justice (Northern Ireland) Order 1996 (S.I. 1996/3160 (N.I. 24))—

(a)

Article 53 (sale etc of knives);

(b)

Article 54 (sale of knives etc to minors).

19

An offence under any of the following provisions of the Knives Act 1997—

(a)

section 1 (unlawful marketing of knives);

(b)

section 2 (publication of material in connection with marketing of knives).

20

An offence under any of the following provisions of the Firearms (Northern Ireland) Order 2004 (S.I. 2004/702 (N.I. 3))—

(a)

Article 24 (sale etc of firearms or ammunition without certificate);

(b)

Article 37(1) (sale etc of firearms or ammunition to person without certificate etc);

(c)

Article 45(1) or (2) (purchase, sale etc of prohibited weapons);

(d)

Article 63(8) (sale etc of firearms or ammunition to people who have been in prison etc);

(e)

Article 66A (supplying imitation firearms to minors).

21

An offence under section 36(1)(c) or (d) of the Violent Crime Reduction Act 2006 (sale etc of realistic imitation firearms).

22

An offence under any of the following provisions of the Air Weapons and Licensing (Scotland) Act 2015 (asp 10)

(a)

section 2 (requirement for air weapon certificate);

(b)

section 24 (restrictions on sale etc of air weapons).

Assisting illegal immigration

23

An offence under any of the following provisions of the Immigration Act 1971—

(a)

section 24(A1), (B1), (C1) or (D1) (illegal entry and similar offences);

(b)

section 25 (assisting unlawful immigration).

Human trafficking

24

An offence under section 2 of the Modern Slavery Act 2015 (human trafficking).

25

An offence under section 1 of the Human Trafficking and Exploitation (Scotland) Act 2015 (asp 12) (human trafficking).

26

Sexual exploitation

27

An offence under any of the following provisions of the Sexual Offences Act 2003—

(a)

section 52 (causing or inciting prostitution for gain);

(b)

section 53 (controlling prostitution for gain).

28

An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))—

(a)

Article 62 (causing or inciting prostitution for gain);

(b)

Article 63 (controlling prostitution for gain).

Sexual images

29

An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images).

30

An offence under section 33 of the Criminal Justice and Courts Act 2015 (disclosing, or threatening to disclose, private sexual photographs and films with intent to cause distress).

31

An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (disclosing, or threatening to disclose, an intimate photograph or film).

Proceeds of crime

32

An offence under any of the following provisions of the Proceeds of Crime Act 2002—

(a)

section 327 (concealing etc criminal property);

(b)

section 328 (arrangements facilitating acquisition etc of criminal property);

(c)

section 329 (acquisition, use and possession of criminal property).

Fraud

33

An offence under any of the following provisions of the Fraud Act 2006—

(a)

section 2 (fraud by false representation);

(b)

section 4 (fraud by abuse of position);

(c)

section 7 (making or supplying articles for use in frauds);

(d)

section 9 (participating in fraudulent business carried on by sole trader etc).

34

An offence under section 49(3) of the Criminal Justice and Licensing (Scotland) Act 2010 (articles for use in fraud).

Financial services

35

An offence under any of the following provisions of the Financial Services and Markets Act 2000—

(a)

section 23 (contravention of prohibition on carrying on regulated activity unless authorised or exempt);

(b)

section 24 (false claims to be authorised or exempt);

(c)

section 25 (contravention of restrictions on financial promotion).

36

An offence under any of the following provisions of the Financial Services Act 2012—

(a)

section 89 (misleading statements);

(b)

section 90 (misleading impressions).

Foreign interference

37

An offence under section 13 of the National Security Act 2023 (foreign interference).

Animal welfare

38

An offence under section 4(1) of the Animal Welfare Act 2006 (unnecessary suffering of an animal).

Inchoate offences

39

(1)

An offence of attempting or conspiring to commit an offence specified in this Schedule.

(2)

An offence under Part 2 of the Serious Crime Act 2007 (encouraging or assisting) in relation to an offence specified in this Schedule, or (in Scotland) inciting a person to commit such an offence.

(3)

An offence of aiding, abetting, counselling or procuring the commission of an offence specified in this Schedule, or (in Scotland) being involved art and part in the commission of such an offence.