Online Safety Act 2023
Online Safety Act 2023 (2023 c. 50)
- Online Safety Act 2023 (2023 c. 50)
- 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
- All services
- Additional duty for Category 1 services
- Interpretation
- User-to-user services likely to be accessed by children
- 11 Children’s risk assessment duties
- 12 Safety duties protecting children
- All services
- Additional duty for Category 1 services
- 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
- The duties
- Interpretation
- Duties about content reporting and complaints procedures
- 20 Duty about content reporting
- All services
- Services likely to be accessed by children
- Interpretation
- 20A Reporting of intimate image content
- 21 Duties about complaints procedures
- All services
- Services likely to be accessed by children
- Category 1 services
- Interpretation
- Cross-cutting duties
- 22 Duties about freedom of expression and privacy
- All services
- Additional duties for Category 1 services
- Interpretation
- 23 Record-keeping and review duties
- All services
- Additional duties for Category 1 services
- Interpretation
- 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
- All services
- Additional duty for Category 2A services
- Interpretation
- Search services likely to be accessed by children
- 28 Children’s risk assessment duties
- 29 Safety duties protecting children
- All services
- Additional duty for Category 2A services
- 30 Safety duties protecting children: interpretation
- Duties about content reporting and complaints procedures
- 31 Duty about content reporting
- All services
- Services likely to be accessed by children
- Interpretation
- 31A Reporting of intimate image content
- 32 Duties about complaints procedures
- All services
- Services likely to be accessed by children
- Interpretation
- Cross-cutting duties
- 33 Duties about freedom of expression and privacy
- 34 Record-keeping and review duties
- All services
- Additional duty for Category 2A services
- Interpretation
- 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
- Duties set out in Chapters 2 and 3
- Duties set out in Chapter 5
- Alternative measures
- Interpretation
- 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
- All services
- Category 1 services
- Further provision
- 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
- 154A Information for research about online safety matters
- 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
- Strategic priorities
- 172 Statement of strategic priorities
- 173 Consultation and parliamentary procedure
- Directions to OFCOM
- 174 Directions about advisory committees
- 175 Directions in special circumstances
- Guidance
- 176 Secretary of State’s guidance
- Annual report
- 177 Annual report on the Secretary of State’s functions
- Review
- 178 Review
- PART 10 Communications offences
- False and threatening communications offences
- 179 False communications offence
- 180 Exemptions from offence under section 179
- 181 Threatening communications offence
- 182 Interpretation of sections 179 to 181
- Offences of sending or showing flashing images
- 183 Offences of sending or showing flashing images electronically
- Offence of encouraging or assisting serious self-harm
- 184 Offence of encouraging or assisting serious self-harm
- Further provision
- 185 Extra-territorial application and jurisdiction
- 186 Liability of corporate officers
- Offences to be inserted into Sexual Offences Act 2003
- 187 Sending etc photograph or film of genitals
- 188 Sharing or threatening to share intimate photograph or film
- Repeals and amendments in connection with offences
- 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
- Providers' judgements about the status of content
- 192 Providers’ judgements about the status of content
- 193 OFCOM’s guidance about illegal content judgements
- Time-limits for first guidance
- 194 Time for publishing first guidance under certain provisions of this Act
- Liability of providers etc
- 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
- Offences
- 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
- Extra-territorial application
- 204 Extra-territorial application
- 205 Offences: extra-territorial application and jurisdiction
- Payment of sums into Consolidated Fund
- 206 Payment of sums into the Consolidated Fund
- Publication by OFCOM
- 207 Publication by OFCOM
- Service of notices
- 208 Service of notices
- Repeals and amendments
- 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
- England and Wales
- Scotland
- Northern Ireland
- Power to require providers of internet services to prevent or restrict access by children to internet services
- 214A Power to require providers of internet services to prevent or restrict access by children to internet services
- Power to amend Act to regulate app stores
- 215 Power to regulate app stores
- 216 Power to regulate app stores: supplementary
- Power to amend Act: illegal AI-generated content etc
- 216A Power to amend Act in relation to illegal AI-generated content etc
- Power to amend Act: alternative dispute resolution
- 217 Power to impose duty about alternative dispute resolution procedure
- Power to amend Act: pornographic content
- 217A Power to impose duties about pornographic content
- Other powers to amend Act
- 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
- England
- Scotland
- Wales
- Northern Ireland
- Interpretation
- 222 Powers to amend Schedules 5, 6 and 7
- Regulations
- 223 Power to make consequential provision
- 224 Regulations: general
- 225 Parliamentary procedure for regulations
- PART 12 Interpretation and final provisions
- Interpretation
- 226 “Provider” of internet service
- User-to-user services (other than combined services)
- Search services
- Combined services
- Internet services other than user-to-user services or search services
- Machine-generated services
- Interpretation
- 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
- Final provisions
- 238 Financial provisions
- 239 Extent
- 240 Commencement and transitional provision
- 241 Short title
- SCHEDULES
- SCHEDULE 1 Exempt user-to-user and search services
- PART 1 Descriptions of services which are exempt
- Email services
- SMS and MMS services
- Services offering only one-to-one live aural communications
- Limited functionality services
- Services which enable combinations of user-generated content
- Exception to exemptions in paragraphs 1 to 5
- Internal business services (entire user-to-user service or search service)
- Internal business services (part of user-to-user service or search service)
- Services provided by public bodies
- Services provided by persons providing education or childcare
- Interpretation
- PART 2 Paragraph 10 exemption: descriptions of education and childcare
- England
- Scotland
- Wales
- Northern Ireland
- PART 3 Interpretation
- SCHEDULE 2 User-to-user services and search services that include regulated provider pornographic content
- SCHEDULE 3 Timing of providers’ assessments
- PART 1 Timing of illegal content risk assessments and children’s access assessments
- Part 3 services already in operation at the outset of the regime provided for by this Act
- New Part 3 services which start up, and existing services which become Part 3 services, between publication of the first illegal content risk assessment guidance and the first CAA guidance
- New Part 3 services which start up when illegal content risk assessment guidance and CAA guidance are both available
- Existing services which become Part 3 services when illegal content risk assessment guidance and CAA guidance are both available
- PART 2 Timing of children’s risk assessments and section 15(2) assessments
- Children’s risk assessments
- Section 15(2) assessments
- PART 3 Pre-existing Part 4B services
- Interpretation of this Part
- Pre-existing Part 4B services which are regulated user-to-user services
- Application of paragraphs 12 to 14
- Illegal content risk assessments and children’s access assessments
- Section 15(2) assessments
- Regulated user-to-user services which include a pre-existing Part 4B service
- Application of paragraphs 16 to 20
- Illegal content risk assessments and children’s access assessments of Part 4B part
- Section 15(2) assessments of Part 4B part
- Application of Part 1 and paragraph 6
- Application of paragraph 5
- PART 4 Interpretation, and extension of three-month periods
- Interpretation of this Schedule
- Extension of three-month periods
- SCHEDULE 4 Codes of practice under section 41: principles, objectives, content
- General principles
- Online safety objectives
- Content of codes of practice
- Content of codes of practice: age assurance
- Content of codes of practice: proactive technology
- General
- Interpretation
- SCHEDULE 5 Terrorism offences
- Inchoate offences
- SCHEDULE 6 Child sexual exploitation and abuse offences
- PART 1 England and Wales, and Northern Ireland
- Inchoate offences
- PART 2 Scotland
- Inchoate offences
- SCHEDULE 7 Priority offences
- Assisting suicide
- Encouraging or assisting serious self-harm
- Threats to kill
- Public order offences, harassment, stalking and fear or provocation of violence
- Drugs and psychoactive substances
- Firearms and other weapons
- Assisting illegal immigration
- Human trafficking
- Sexual exploitation
- Sexual images
- Proceeds of crime
- Fraud
- Financial services
- Foreign interference
- Animal welfare
- Inchoate offences
- SCHEDULE 8 Transparency reports by providers of Category 1 services, Category 2A services and Category 2B services
- PART 1 Matters about which information may be required: user-to-user part of service
- PART 2 Matters about which information may be required: search engine
- PART 3 Further provision and interpretation
- SCHEDULE 9 Certain internet services not subject to duties relating to regulated provider pornographic content
- Internal business services (entire internet service)
- Internal business services (part of internet service)
- Services provided by public bodies
- Services provided by persons providing education or childcare
- On-demand programme services and non-UK on-demand programme services that are Tier 1 services (entire internet service)
- On-demand programme services and non-UK on-demand programme services that are Tier 1 services (part of internet service)
- Interpretation
- SCHEDULE 10 Recovery of OFCOM’s initial costs
- Recovery of initial costs
- Recovery of initial costs: first phase
- Further recovery of initial costs
- End of the recovery process
- Providers for part of a year only
- Calculation of the recoverable amount
- Regulations about recovery of initial costs
- Interpretation
- SCHEDULE 11 Categories of regulated user-to-user services and regulated search services: regulations
- Regulations specifying threshold conditions for categories of Part 3 services
- Procedure for first regulations under paragraph 1
- Procedure for amending or replacing regulations under paragraph 1
- Publication of OFCOM’s advice under paragraphs 2 and 3
- Interpretation
- SCHEDULE 12 OFCOM’s powers of entry, inspection and audit
- Authorised persons
- Power of entry and inspection without a warrant
- Notice requiring information, documents or tests at inspection
- Audit
- Conditions for issue of a warrant
- Evidence of authority
- Powers exercisable by warrant
- Powers of seizure: supplementary
- Further provision about executing warrants
- Return of warrants
- Restrictions on powers
- Offences
- Interpretation
- SCHEDULE 13 Penalties imposed by OFCOM under Chapter 6 of Part 7
- Meaning of “penalty” in this Schedule
- Amount of penalties: principles
- Limitation to type and amount of penalties previously proposed
- Maximum amount of penalties
- Maximum amount of penalties: group of entities
- Recovery of penalties
- SCHEDULE 14 Amendments consequential on offences in Part 10 of this Act
- PART 1 Amendments consequential on offences in sections 179, 181 and 183
- Football Spectators Act 1989
- Sexual Offences Act 2003
- Regulatory Enforcement and Sanctions Act 2008
- Elections Act 2022
- PART 2 Amendments consequential on offence in section 184
- Children and Young Persons Act 1933
- Visiting Forces Act 1952
- Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))
- Criminal Attempts Act 1981
- Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))
- Armed Forces Act 2006
- Serious Crime Act 2007
- PART 3 Amendments consequential on offences in sections 187 and 188
- Children and Young Persons Act 1933
- Police and Criminal Evidence Act 1984
- Sexual Offences (Amendment) Act 1992
- Sexual Offences Act 2003
- Criminal Justice Act 2003
- Anti-social Behaviour, Crime and Policing Act 2014
- Modern Slavery Act 2015
- Sentencing Act 2020
- Elections Act 2022
- PART 4 Amendments consequential on section 190
- Criminal Justice and Courts Act 2015
- Domestic Abuse Act 2021
- Overseas Operations (Service Personnel and Veterans) Act 2021
- Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835)
- SCHEDULE 15 Liability of parent entities etc
- Joint provisional notices of contravention
- Liability of parent entities for failures by subsidiary entities
- Liability of subsidiary entities for failures by parent entities
- Liability of fellow subsidiary entities for failures by subsidiary entities
- Liability of controlling individuals for failures by entities
- OFCOM’s guidance
- Interpretation
- SCHEDULE 16 Amendments of Part 4B of the Communications Act
- SCHEDULE 17 Video-sharing platform services: transitional provision etc
- PART 1 Interpretation
- PART 2 During the transitional period
- Pre-existing Part 4B services which are regulated user-to-user services
- Regulated user-to-user services that include regulated provider pornographic content
- Pre-existing Part 4B services which form part of regulated user-to-user services
- Regulated user-to-user services with a Part 4B part and another user-to-user part
- Regulated user-to-user services with a Part 4B part and a search engine
- Regulated user-to-user services with a Part 4B part but no other user-to-user part or search engine
- Assessments of pre-existing Part 4B services or of services which include a pre-existing Part 4B service
- Operation of section 368U of the Communications Act
- Video-sharing platform services which start up, or start up again, during the transitional period
- PART 3 Application of Part 6 of this Act: fees
- Introduction
- Application of section 83
- Application of section 84: transitional charging year
- Application of section 84: non-transitional charging year
- Amounts wholly referable to relevant Part 4B service
- Interpretation of this Part
- PART 4 After the end of the transitional period
- Interpretation of this Part
- OFCOM as appropriate regulatory authority
- Duties of service providers to co-operate with investigations
- Demands for information, and enforcement of such demands
- Enforcement notifications, financial penalties etc
- Suspension or restriction of service for contraventions or failures
Feedback