Legislation – Online Safety Act 2023
Changes to legislation:
There are currently no known outstanding effects for the Online Safety Act 2023, Section 196.
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PART 11Supplementary and general
Liability of providers etc
196Individuals providing regulated services: liability
(1)
(2)
Any duty or requirement imposed on such a provider under any of the provisions specified in subsection (3), or any liability of such a provider to pay a fee under section 84 or Schedule 10, is to be taken to be imposed on, or to be a liability of, all the individuals jointly and severally.
(3)
The provisions are—
(a)
Chapter 2 of Part 3 (providers of user-to-user services: duties of care);
(b)
Chapter 3 of Part 3 (providers of search services: duties of care);
(c)
Chapter 4 of Part 3 (children’s access assessments);
(d)
Chapter 5 of Part 3 (duties about fraudulent advertising);
(e)
Chapter 1 of Part 4 (user identity verification);
(f)
Chapter 2 of Part 4 (reporting CSEA content);
(g)
Chapter 3 of Part 4 (terms of service: transparency, accountability and freedom of expression);
(h)
Chapter 4 of Part 4 (deceased child users);
(i)
Chapter 5 of Part 4 (transparency reporting);
(j)
section 81 (provider pornographic content);
(k)
section 83 (duty to notify OFCOM).
(4)
A notice in respect of a matter that may or must be given by OFCOM under any provision of this Act may be given—
(a)
to only one of the individuals,
(b)
jointly to two or more of them, or
(c)
jointly to all of them,
but a separate notice may not be given to each of the individuals in respect of the matter.
(5)
If a penalty notice is given jointly to two or more individuals, those individuals are jointly and severally liable to pay the penalty under it.
(6)
In subsection (5) a “penalty notice” means—
(a)
a confirmation decision that imposes a penalty (see sections 132(5)(b) and 137),
(b)
a penalty notice under section 139,
(c)
a penalty notice under section 140(5), or
(d)
a penalty notice under section 141(6).