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Online Safety Act 2023

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 Introduction

    1. 1.Introduction

    2. 2.Overview of Act

  3. PART 2 Key definitions

    1. 3.“User-to-user service” and “search service”

    2. 4.“Regulated service”, “Part 3 service” etc

    3. 5.Disapplication of Act to certain parts of services

  4. PART 3 Providers of regulated user-to-user services and regulated search services: duties of care

    1. CHAPTER 1 Introduction

      1. 6.Overview of Part 3

    2. CHAPTER 2 Providers of user-to-user services: duties of care

      1. User-to-user services: which duties apply, and scope of duties

        1. 7.Providers of user-to-user services: duties of care

        2. 8.Scope of duties of care

      2. Illegal content duties for user-to-user services

        1. 9.Illegal content risk assessment duties

        2. 10.Safety duties about illegal content

      3. User-to-user services likely to be accessed by children

        1. 11.Children’s risk assessment duties

        2. 12.Safety duties protecting children

        3. 13.Safety duties protecting children: interpretation

      4. Category 1 services

        1. 14.Assessment duties: user empowerment

        2. 15.User empowerment duties

        3. 16.User empowerment duties: interpretation

        4. 17.Duties to protect content of democratic importance

        5. 18.Duties to protect news publisher content

        6. 19.Duties to protect journalistic content

      5. Duties about content reporting and complaints procedures

        1. 20.Duty about content reporting

        2. 21.Duties about complaints procedures

      6. Cross-cutting duties

        1. 22.Duties about freedom of expression and privacy

        2. 23.Record-keeping and review duties

    3. CHAPTER 3 Providers of search services: duties of care

      1. Search services: which duties apply, and scope of duties

        1. 24.Providers of search services: duties of care

        2. 25.Scope of duties of care

      2. Illegal content duties for search services

        1. 26.Illegal content risk assessment duties

        2. 27.Safety duties about illegal content

      3. Search services likely to be accessed by children

        1. 28.Children’s risk assessment duties

        2. 29.Safety duties protecting children

        3. 30.Safety duties protecting children: interpretation

      4. Duties about content reporting and complaints procedures

        1. 31.Duty about content reporting

        2. 32.Duties about complaints procedures

      5. Cross-cutting duties

        1. 33.Duties about freedom of expression and privacy

        2. 34.Record-keeping and review duties

    4. CHAPTER 4 Children's access assessments

      1. 35.Children’s access assessments

      2. 36.Duties about children’s access assessments

      3. 37.Meaning of “likely to be accessed by children”

    5. CHAPTER 5 Duties about fraudulent advertising

      1. 38.Duties about fraudulent advertising: Category 1 services

      2. 39.Duties about fraudulent advertising: Category 2A services

      3. 40.Fraud etc offences

    6. CHAPTER 6 Codes of practice and guidance

      1. Codes of practice

        1. 41.Codes of practice about duties

        2. 42.Codes of practice: principles, objectives, content

        3. 43.Procedure for issuing codes of practice

        4. 44.Secretary of State’s powers of direction

        5. 45.Procedure for issuing codes of practice following direction under section 44

        6. 46.Publication of codes of practice

        7. 47.Review of codes of practice

        8. 48.Minor amendments of codes of practice

        9. 49.Relationship between duties and codes of practice

        10. 50.Effects of codes of practice

        11. 51.Duties and the first codes of practice

      2. Guidance

        1. 52.OFCOM’s guidance about certain duties in Part 3

        2. 53.OFCOM’s guidance: content that is harmful to children and user empowerment

        3. 54.OFCOM’s guidance about protecting women and girls

    7. CHAPTER 7 Interpretation of Part 3

      1. 55.“Regulated user-generated content”, “user-generated content”, “news publisher content”

      2. 56.“Recognised news publisher”

      3. 57.“Search content”, “search results” etc

      4. 58.Restricting users’ access to content

      5. 59.“Illegal content” etc

      6. 60.“Content that is harmful to children”

      7. 61.“Primary priority content that is harmful to children”

      8. 62.“Priority content that is harmful to children”

      9. 63.Content harmful to children: OFCOM’s review and report

  5. PART 4 Other duties of providers of regulated user-to-user services and regulated search services

    1. CHAPTER 1 User identity verification

      1. 64.User identity verification

      2. 65.OFCOM’s guidance about user identity verification

    2. CHAPTER 2 Reporting child sexual exploitation and abuse content

      1. 66.Requirement to report CSEA content to the NCA

      2. 67.Regulations about reports to the NCA

      3. 68.NCA: information sharing

      4. 69.Offence in relation to CSEA reporting

      5. 70.Interpretation of this Chapter

    3. CHAPTER 3 Terms of service: transparency, accountability and freedom of expression

      1. 71.Duty not to act against users except in accordance with terms of service

      2. 72.Further duties about terms of service

      3. 73.OFCOM’s guidance about duties set out in sections 71 and 72

      4. 74.Interpretation of this Chapter

    4. CHAPTER 4 Deceased Child Users

      1. 75.Disclosure of information about use of service by deceased child users

      2. 76.OFCOM’s guidance about duties set out in section 75

    5. CHAPTER 5 Transparency reporting

      1. 77.Transparency reports about certain Part 3 services

      2. 78.OFCOM’s guidance about transparency reports

  6. PART 5 Duties of providers of regulated services: certain pornographic content

    1. 79.“Provider pornographic content” and “regulated provider pornographic content”

    2. 80.Scope of duties about regulated provider pornographic content

    3. 81.Duties about regulated provider pornographic content

    4. 82.OFCOM’s guidance about duties set out in section 81

  7. PART 6 Duties of providers of regulated services: fees

    1. 83.Duty to notify OFCOM

    2. 84.Duty to pay fees

    3. 85.Regulations by OFCOM about qualifying worldwide revenue etc

    4. 86.Threshold figure

    5. 87.Secretary of State’s guidance about fees

    6. 88.OFCOM’s fees statements

    7. 89.Recovery of OFCOM’s initial costs

    8. 90.Meaning of “charging year” and “initial charging year”

  8. PART 7 OFCOM's powers and duties in relation to regulated services

    1. CHAPTER 1 General duties

      1. 91.General duties of OFCOM under section 3 of the Communications Act

      2. 92.Duties in relation to strategic priorities

      3. 93.Duty to carry out impact assessments

    2. CHAPTER 2 Register of categories of regulated user-to-user services and regulated search services

      1. 94.Meaning of threshold conditions etc

      2. 95.Register of categories of certain Part 3 services

      3. 96.Duty to maintain register

      4. 97.List of emerging Category 1 services

    3. CHAPTER 3 Risk assessments of regulated user-to-user services and regulated search services

      1. 98.OFCOM’s register of risks, and risk profiles, of Part 3 services

      2. 99.OFCOM’s guidance about risk assessments

    4. CHAPTER 4 Information

      1. Information powers and information notices

        1. 100.Power to require information

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

        3. 102.Information notices

        4. 103.Requirement to name a senior manager

      2. Skilled persons' reports

        1. 104.Reports by skilled persons

      3. Investigations and interviews

        1. 105.Investigations

        2. 106.Power to require interviews

      4. Powers of entry, inspection and audit

        1. 107.Powers of entry, inspection and audit

        2. 108.Amendment of Criminal Justice and Police Act 2001

      5. Information offences and penalties

        1. 109.Offences in connection with information notices

        2. 110.Senior managers’ liability: information offences

        3. 111.Offences in connection with notices under Schedule 12

        4. 112.Other information offences

        5. 113.Penalties for information offences

      6. Disclosure of information

        1. 114.Co-operation and disclosure of information: overseas regulators

        2. 115.Disclosure of information

        3. 116.Intelligence service information

        4. 117.Provision of information to the Secretary of State

        5. 118.Amendment of Enterprise Act 2002

        6. 119.Information for users of regulated services

        7. 120.Admissibility of statements

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

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

      2. 122.Requirement to obtain skilled person’s report

      3. 123.Warning notices

      4. 124.Matters relevant to a decision to give a notice under section 121(1)

      5. 125.Notices under section 121(1): supplementary

      6. 126.Review and further notice under section 121(1)

      7. 127.OFCOM’s guidance about functions under this Chapter

      8. 128.OFCOM’s annual report

      9. 129.Interpretation of this Chapter

    6. CHAPTER 6 Enforcement powers

      1. Provisional notices and confirmation decisions

        1. 130.Provisional notice of contravention

        2. 131.Requirements enforceable by OFCOM against providers of regulated services

        3. 132.Confirmation decisions

        4. 133.Confirmation decisions: requirements to take steps

        5. 134.Confirmation decisions: risk assessments

        6. 135.Confirmation decisions: children’s access assessments

        7. 136.Confirmation decisions: proactive technology

        8. 137.Confirmation decisions: penalties

        9. 138.Confirmation decisions: offences

      2. Penalty notices etc

        1. 139.Penalty for failure to comply with confirmation decision

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

        3. 141.Non-payment of fee

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

      3. Amount of penalties etc

        1. 143.Amount of penalties etc

      4. Business disruption measures

        1. 144.Service restriction orders

        2. 145.Interim service restriction orders

        3. 146.Access restriction orders

        4. 147.Interim access restriction orders

        5. 148.Interaction with other action by OFCOM

      5. Publication of enforcement action

        1. 149.Publication by OFCOM of details of enforcement action

        2. 150.Publication by providers of details of enforcement action

      6. Guidance

        1. 151.OFCOM’s guidance about enforcement action

    7. CHAPTER 7 Committees, research and reports

      1. 152.Advisory committee on disinformation and misinformation

      2. 153.Functions of the Content Board

      3. 154.Research about users’ experiences of regulated services

      4. 155.Consumer consultation

      5. 156.OFCOM’s statement about freedom of expression and privacy

      6. 157.OFCOM’s reports about use of age assurance

      7. 158.OFCOM’s reports about news publisher content and journalistic content

      8. 159.OFCOM’s transparency reports

      9. 160.OFCOM’s report about reporting and complaints procedures

      10. 161.OFCOM’s report about use of app stores by children

      11. 162.OFCOM’s report about researchers’ access to information

      12. 163.OFCOM’s report in connection with investigation into a death

      13. 164.OFCOM’s reports

    8. CHAPTER 8 Media literacy

      1. 165.Media literacy

      2. 166.Media literacy strategy and media literacy statement

  9. PART 8 Appeals and super-complaints

    1. CHAPTER 1 Appeals

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

      2. 168.Appeals against OFCOM notices

    2. CHAPTER 2 Super-complaints

      1. 169.Power to make super-complaints

      2. 170.Procedure for super-complaints

      3. 171.OFCOM’s guidance about super-complaints

  10. PART 9 Secretary of State's functions in relation to regulated services

    1. Strategic priorities

      1. 172.Statement of strategic priorities

      2. 173.Consultation and parliamentary procedure

    2. Directions to OFCOM

      1. 174.Directions about advisory committees

      2. 175.Directions in special circumstances

    3. Guidance

      1. 176.Secretary of State’s guidance

    4. Annual report

      1. 177.Annual report on the Secretary of State’s functions

    5. Review

      1. 178.Review

  11. PART 10 Communications offences

    1. False and threatening communications offences

      1. 179.False communications offence

      2. 180.Exemptions from offence under section 179

      3. 181.Threatening communications offence

      4. 182.Interpretation of sections 179 to 181

    2. Offences of sending or showing flashing images

      1. 183.Offences of sending or showing flashing images electronically

    3. Offence of encouraging or assisting serious self-harm

      1. 184.Offence of encouraging or assisting serious self-harm

    4. Further provision

      1. 185.Extra-territorial application and jurisdiction

      2. 186.Liability of corporate officers

    5. Offences to be inserted into Sexual Offences Act 2003

      1. 187.Sending etc photograph or film of genitals

      2. 188.Sharing or threatening to share intimate photograph or film

    6. Repeals and amendments in connection with offences

      1. 189.Repeals in connection with offences under sections 179 and 181

      2. 190.Repeals in connection with offences under section 188

      3. 191.Consequential amendments

  12. PART 11 Supplementary and general

    1. Providers' judgements about the status of content

      1. 192.Providers’ judgements about the status of content

      2. 193.OFCOM’s guidance about illegal content judgements

    2. Time-limits for first guidance

      1. 194.Time for publishing first guidance under certain provisions of this Act

    3. Liability of providers etc

      1. 195.Providers that are not legal persons

      2. 196.Individuals providing regulated services: liability

      3. 197.Liability of parent entities etc

      4. 198.Former providers of regulated services

    4. Offences

      1. 199.Information offences: supplementary

      2. 200.Offence of failure to comply with confirmation decision: supplementary

      3. 201.Defences

      4. 202.Liability of corporate officers for offences

      5. 203.Application of offences to providers that are not legal persons

    5. Extra-territorial application

      1. 204.Extra-territorial application

      2. 205.Offences: extra-territorial application and jurisdiction

    6. Payment of sums into Consolidated Fund

      1. 206.Payment of sums into the Consolidated Fund

    7. Publication by OFCOM

      1. 207.Publication by OFCOM

    8. Service of notices

      1. 208.Service of notices

    9. Repeals and amendments

      1. 209.Amendments of Part 4B of the Communications Act

      2. 210.Repeal of Part 4B of the Communications Act

      3. 211.Repeal of Part 4B of the Communications Act: transitional provision etc

      4. 212.Repeals: Digital Economy Act 2017

      5. 213.Offence under the Obscene Publications Act 1959: OFCOM defence

      6. 214.Offences regarding indecent photographs of children: OFCOM defence

    10. Power to amend Act to regulate app stores

      1. 215.Power to regulate app stores

      2. 216.Power to regulate app stores: supplementary

    11. Power to amend Act: alternative dispute resolution

      1. 217.Power to impose duty about alternative dispute resolution procedure

    12. Other powers to amend Act

      1. 218.Power to amend section 40

      2. 219.Powers to amend sections 61 and 62

      3. 220.Powers to amend or repeal provisions relating to exempt content or services

      4. 221.Powers to amend Part 2 of Schedule 1

      5. 222.Powers to amend Schedules 5, 6 and 7

    13. Regulations

      1. 223.Power to make consequential provision

      2. 224.Regulations: general

      3. 225.Parliamentary procedure for regulations

  13. PART 12 Interpretation and final provisions

    1. Interpretation

      1. 226.“Provider” of internet service

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

      3. 228.“Internet service”

      4. 229.“Search engine”

      5. 230.“Age verification” and “age estimation”

      6. 231.“Proactive technology”

      7. 232.Content communicated “publicly” or “privately”

      8. 233.“Functionality”

      9. 234.“Harm” etc

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

      11. 236.Interpretation: general

      12. 237.Index of defined terms

    2. Final provisions

      1. 238.Financial provisions

      2. 239.Extent

      3. 240.Commencement and transitional provision

      4. 241.Short title

  14. SCHEDULES

    1. SCHEDULE 1

      Exempt user-to-user and search services

      1. PART 1 Descriptions of services which are exempt

        1. 1.Email services

        2. 2.SMS and MMS services

        3. 3.Services offering only one-to-one live aural communications

        4. 4.Limited functionality services

        5. 5.Services which enable combinations of user-generated content

        6. 6.Exception to exemptions in paragraphs 1 to 5

        7. 7.Internal business services (entire user-to-user service or search service)

        8. 8.Internal business services (part of user-to-user service or search service)

        9. 9.Services provided by public bodies

        10. 10.Services provided by persons providing education or childcare

        11. 11.Interpretation

      2. PART 2 Paragraph 10 exemption: descriptions of education and childcare

        1. 12.England

        2. 13.Early years provision by a person registered under Chapter 2...

        3. 14.Later years childminding by a later years childminder registered under...

        4. 15.Later years provision by a person registered under Chapter 3...

        5. 16.Education or childcare in a maintained nursery school within the...

        6. 17.Education or childcare in— (a) an Academy school, within the...

        7. 18.Education in— (a) an institution in England within the further...

        8. 19.Education provided by an independent training provider.

        9. 20.Further education for persons under 19 provided by a local...

        10. 21.In paragraphs 12 to 15, “early years childminding”, “early years...

        11. 22.In paragraph 19, “independent training provider” means a provider—

        12. 23.In paragraphs 20 and 22, “local authority in England” has...

        13. 24.In paragraph 22— “combined authority” means a combined authority established...

        14. 25.Scotland

        15. 26.Child minding, within the meaning of Part 5 of the...

        16. 27.Day care of children, within the meaning of Part 5...

        17. 28.Primary education, secondary education or childcare in—

        18. 29.Further education provided by a body listed under the heading...

        19. 30.Further education provided by a college of further education which...

        20. 31.Wales

        21. 32.Day care for children by a person who is registered...

        22. 33.Primary education, secondary education or childcare in a school in...

        23. 34.Education provided in accordance with section 19A of the Education...

        24. 35.Further education in an institution in Wales within the further...

        25. 36.Any other post-16 education or training in Wales, the facilities...

        26. 37.In paragraphs 31 and 32, “child minding” and “day care...

        27. 38.Northern Ireland

        28. 39.Pre-school education, within the meaning of Part 5 of the...

        29. 40.Education in a nursery school, within the meaning of the...

        30. 41.Education or childcare in a school, within the meaning of...

        31. 42.Education which is suitable education otherwise than at school provided...

        32. 43.Education in an institution of further education, within the meaning...

        33. 44.Education in agriculture and related subjects.

      3. PART 3 Interpretation

        1. 45.The following definitions apply for the purposes of this Schedule....

        2. 46.“Childcare”— (a) in relation to provision in England, has same...

        3. 47.“Education”— (a) in relation to provision in England, Wales and...

        4. 48.“Education in agriculture and related subjects”, in relation to provision...

        5. 49.“Further education”— (a) in relation to provision in England and...

        6. 50.“Higher education”— (a) in relation to provision in England and...

        7. 51.“Primary education” and “secondary education”— (a) in relation to provision...

    2. SCHEDULE 2

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

      1. 1.A user-to-user service described in any of paragraphs 1 to...

      2. 2.(1) A user-to-user service within sub-paragraph (2) or (3).

      3. 3.(1) A search service within sub-paragraph (2).

      4. 4.For the purposes of this Schedule, a service “has links...

      5. 5.In this Schedule— “the internal business service conditions” means the...

    3. SCHEDULE 3

      Timing of providers’ assessments

      1. PART 1 Timing of illegal content risk assessments and children’s access assessments

        1. 1.Part 3 services already in operation at the outset of the regime provided for by this Act

        2. 2.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

        3. 3.New Part 3 services which start up when illegal content risk assessment guidance and CAA guidance are both available

        4. 4.Existing services which become Part 3 services when illegal content risk assessment guidance and CAA guidance are both available

      2. PART 2 Timing of children’s risk assessments and section 15(2) assessments

        1. 5.Children’s risk assessments

        2. 6.Section 15(2) assessments

      3. PART 3 Pre-existing Part 4B services

        1. 7.Interpretation of this Part

        2. 8.(1) In this Part, “assessment start day”, in relation to...

        3. 9.In this Part “video-sharing platform service” has the same meaning...

        4. 10.Any reference in this Part to the effect of Part...

      4. Pre-existing Part 4B services which are regulated user-to-user services

        1. 11.Application of paragraphs 12 to 14

        2. 12.Illegal content risk assessments and children’s access assessments

        3. 13.If, on the assessment start day, illegal content risk assessment...

        4. 14.Section 15(2) assessments

      5. Regulated user-to-user services which include a pre-existing Part 4B service

        1. 15.Application of paragraphs 16 to 20

        2. 16.Illegal content risk assessments and children’s access assessments of Part 4B part

        3. 17.If, on the assessment start day, illegal content risk assessment...

        4. 18.Section 15(2) assessments of Part 4B part

        5. 19.Application of Part 1 and paragraph 6

        6. 20.Application of paragraph 5

      6. PART 4 Interpretation, and extension of three-month periods

        1. 21.Interpretation of this Schedule

        2. 22.For the meaning of “likely to be accessed by children”,...

        3. 23.In relation to regulated user-to-user services (or in the case...

        4. 24.In relation to regulated search services and the search engine...

        5. 25.In relation to regulated user-to-user services (or in the case...

        6. 26.In relation to regulated search services and the search engine...

        7. 27.For the purposes of this Schedule, guidance of a particular...

        8. 28.Extension of three-month periods

    4. SCHEDULE 4

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

      1. 1.General principles

      2. 2.The principles are as follows— (a) providers of Part 3...

      3. 3.Online safety objectives

      4. 4.The online safety objectives for regulated user-to-user services are as...

      5. 5.The online safety objectives for regulated search services are as...

      6. 6.In the case of a combined service—

      7. 7.The Secretary of State may by regulations amend paragraph 4...

      8. 8.If regulations are made amending the online safety objectives, OFCOM...

      9. 9.Content of codes of practice

      10. 10.(1) Measures described in a code of practice which are...

      11. 11.Measures described in a code of practice may relate only...

      12. 12.Content of codes of practice: age assurance

      13. 13.Content of codes of practice: proactive technology

      14. 14.General

      15. 15.A code of practice may apply in relation to a...

      16. 16.Interpretation

    5. SCHEDULE 5

      Terrorism offences

      1. 1.An offence under any of the following provisions of the...

      2. 2.An offence under section 113 of the Anti-terrorism, Crime and...

      3. 3.An offence under any of the following provisions of the...

      4. 4.Inchoate offences

    6. SCHEDULE 6

      Child sexual exploitation and abuse offences

      1. PART 1 England and Wales, and Northern Ireland

        1. 1.An offence under section 2 of the Obscene Publications Act...

        2. 2.An offence under section 1 of the Protection of Children...

        3. 3.An offence under Article 3 of the Protection of Children...

        4. 4.An offence under section 160 of the Criminal Justice Act...

        5. 5.An offence under any of the following provisions of the...

        6. 6.An offence under any of the following provisions of the...

        7. 7.An offence under section 62 of the Coroners and Justice...

        8. 8.An offence under section 69 of the Serious Crime Act...

        9. 9.Inchoate offences

      2. PART 2 Scotland

        1. 10.An offence under either of the following provisions of the...

        2. 11.An offence under any of the following provisions of the...

        3. 12.An offence under any of the following provisions of the...

        4. 13.Inchoate offences

    7. SCHEDULE 7

      Priority offences

      1. 1.Assisting suicide

      2. 2.An offence under section 13 of the Criminal Justice Act...

      3. 3.Threats to kill

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

      5. 5.An offence under any of the following provisions of the...

      6. 6.An offence under section 50A of the Criminal Law (Consolidation)...

      7. 7.An offence under any of the following provisions of the...

      8. 8.An offence under any of the following provisions of the...

      9. 9.An offence under any of the following provisions of the...

      10. 10.An offence under any of the following provisions of the...

      11. 11.An offence under section 76 of the Serious Crime Act...

      12. 12.Drugs and psychoactive substances

      13. 13.An offence under section 5 of the Psychoactive Substances Act...

      14. 14.Firearms and other weapons

      15. 15.An offence under any of the following provisions of the...

      16. 16.An offence under any of the following provisions of the...

      17. 17.An offence under any of the following provisions of the...

      18. 18.An offence under any of the following provisions of the...

      19. 19.An offence under any of the following provisions of the...

      20. 20.An offence under any of the following provisions of the...

      21. 21.An offence under section 36(1)(c) or (d) of the Violent...

      22. 22.An offence under any of the following provisions of the...

      23. 23.Assisting illegal immigration

      24. 24.Human trafficking

      25. 25.An offence under section 1 of the Human Trafficking and...

      26. 26.An offence under section 2 of the Human Trafficking and...

      27. 27.Sexual exploitation

      28. 28.An offence under any of the following provisions of the...

      29. 29.Sexual images

      30. 30.An offence under section 33 of the Criminal Justice and...

      31. 31.An offence under section 2 of the Abusive Behaviour and...

      32. 32.Proceeds of crime

      33. 33.Fraud

      34. 34.An offence under section 49(3) of the Criminal Justice and...

      35. 35.Financial services

      36. 36.An offence under any of the following provisions of the...

      37. 37.Foreign interference

      38. 38.Animal welfare

      39. 39.Inchoate offences

    8. SCHEDULE 8

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

      1. PART 1 Matters about which information may be required: user-to-user part of service

        1. 1.The incidence of illegal content, content that is harmful to...

        2. 2.The dissemination of illegal content, content that is harmful to...

        3. 3.The number of users who are assumed to have encountered...

        4. 4.The formulation, development, scope and application of the terms of...

        5. 5.The systems and processes for users to report content which...

        6. 6.The systems and processes that a provider operates to deal...

        7. 7.Functionalities designed to help users manage risks relating to content...

        8. 8.Features, including functionalities, that a provider considers may contribute to...

        9. 9.The design and operation of algorithms which affect the display,...

        10. 10.Measures taken or in use by a provider to comply...

        11. 11.Measures taken or in use by a provider to comply...

        12. 12.Arrangements that a provider has in place for the reporting...

        13. 13.Measures taken or in use by a provider to comply...

        14. 14.Measures taken or in use by a provider to comply...

        15. 15.The systems and processes by which a provider assesses the...

        16. 16.The systems and processes that a provider operates—

        17. 17.Co-operation by a provider with government, regulatory or other public...

        18. 18.Measures taken or in use by a provider to provide...

        19. 19.Measures taken or in use by a provider to improve...

        20. 20.Any other measures taken or in use by a provider...

      2. PART 2 Matters about which information may be required: search engine

        1. 21.The incidence of illegal search content and search content that...

        2. 22.The number of users who are assumed to have encountered...

        3. 23.The formulation, development, scope and application of the statements of...

        4. 24.The systems and processes for users to report search content...

        5. 25.The systems and processes that a provider operates to deal...

        6. 26.Functionalities designed to help users manage risks relating to search...

        7. 27.The design and operation of algorithms which affect the display,...

        8. 28.Measures taken or in use by a provider to comply...

        9. 29.Arrangements that a provider has in place for the reporting...

        10. 30.Measures taken or in use by a provider to comply...

        11. 31.The systems and processes by which a provider assesses the...

        12. 32.The systems and processes that a provider operates—

        13. 33.Co-operation by a provider with government, regulatory or other public...

        14. 34.Measures taken or in use by a provider to provide...

        15. 35.Measures taken or in use by a provider to improve...

        16. 36.Any other measures taken or in use by a provider...

      3. PART 3 Further provision and interpretation

        1. 37.When determining which information to require in a notice under...

        2. 38.The Secretary of State may by regulations—

        3. 39.The Secretary of State must consult OFCOM before making regulations...

        4. 40.In the application of Part 2 of this Schedule to...

        5. 41.(1) For the purposes of this Schedule, content of a...

        6. 42.In this Schedule— “consumer content” has the same meaning as...

    9. SCHEDULE 9

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

      1. 1.Internal business services (entire internet service)

      2. 2.Internal business services (part of internet service)

      3. 3.Services provided by public bodies

      4. 4.Services provided by persons providing education or childcare

      5. 5.On-demand programme services (entire internet service)

      6. 6.On-demand programme services (part of internet service)

      7. 7.Interpretation

    10. SCHEDULE 10

      Recovery of OFCOM’s initial costs

      1. 1.Recovery of initial costs

      2. 2.Recovery of initial costs: first phase

      3. 3.Further recovery of initial costs

      4. 4.End of the recovery process

      5. 5.Providers for part of a year only

      6. 6.Calculation of the recoverable amount

      7. 7.Regulations about recovery of initial costs

      8. 8.Interpretation

    11. SCHEDULE 11

      Categories of regulated user-to-user services and regulated search services: regulations

      1. 1.Regulations specifying threshold conditions for categories of Part 3 services

      2. 2.Procedure for first regulations under paragraph 1

      3. 3.Procedure for amending or replacing regulations under paragraph 1

      4. 4.Publication of OFCOM’s advice under paragraphs 2 and 3

      5. 5.Interpretation

      6. 6.In this Schedule the “characteristics” of a user-to-user part of...

      7. 7.In this Schedule— “content that is harmful to children” has...

    12. SCHEDULE 12

      OFCOM’s powers of entry, inspection and audit

      1. 1.Authorised persons

      2. 2.Power of entry and inspection without a warrant

      3. 3.Notice requiring information, documents or tests at inspection

      4. 4.Audit

      5. 5.Conditions for issue of a warrant

      6. 6.Evidence of authority

      7. 7.Powers exercisable by warrant

      8. 8.Powers of seizure: supplementary

      9. 9.Further provision about executing warrants

      10. 10.Entry and search under a warrant must be within the...

      11. 11.An authorised person executing a warrant may take such other...

      12. 12.A person taken on to the premises under paragraph 11...

      13. 13.An authorised person may use reasonable force, if necessary, for...

      14. 14.A warrant authorises entry on one occasion only, unless it...

      15. 15.If the premises are unoccupied or the occupier is temporarily...

      16. 16.Return of warrants

      17. 17.Restrictions on powers

      18. 18.Offences

      19. 19.Interpretation

      20. 20.References in this Schedule to a person “acting under this...

      21. 21.In this Schedule “enforceable requirement” has the same meaning as...

      22. 22.In paragraphs 6 to 17 and 20 “warrant” means a...

      23. 23.In the application of paragraph 5(1) to Scotland, the reference...

      24. 24.In the application of paragraph 5(1) to Northern Ireland, the...

    13. SCHEDULE 13

      Penalties imposed by OFCOM under Chapter 6 of Part 7

      1. 1.Meaning of “penalty” in this Schedule

      2. 2.Amount of penalties: principles

      3. 3.Limitation to type and amount of penalties previously proposed

      4. 4.Maximum amount of penalties

      5. 5.Maximum amount of penalties: group of entities

      6. 6.Recovery of penalties

    14. SCHEDULE 14

      Amendments consequential on offences in Part 10 of this Act

      1. PART 1 Amendments consequential on offences in sections 179, 181 and 183

        1. 1.Football Spectators Act 1989

        2. 2.Sexual Offences Act 2003

        3. 3.In Schedule 5 to the Sexual Offences Act 2003, in...

        4. 4.Regulatory Enforcement and Sanctions Act 2008

        5. 5.Elections Act 2022

      2. PART 2 Amendments consequential on offence in section 184

        1. 6.Children and Young Persons Act 1933

        2. 7.Visiting Forces Act 1952

        3. 8.Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

        4. 9.Criminal Attempts Act 1981

        5. 10.Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))

        6. 11.Armed Forces Act 2006

        7. 12.Serious Crime Act 2007

      3. PART 3 Amendments consequential on offences in sections 187 and 188

        1. 13.Children and Young Persons Act 1933

        2. 14.Police and Criminal Evidence Act 1984

        3. 15.Sexual Offences (Amendment) Act 1992

        4. 16.Sexual Offences Act 2003

        5. 17.Criminal Justice Act 2003

        6. 18.Anti-social Behaviour, Crime and Policing Act 2014

        7. 19.Modern Slavery Act 2015

        8. 20.Sentencing Act 2020

        9. 21.Elections Act 2022

      4. PART 4 Amendments consequential on section 190

        1. 22.Criminal Justice and Courts Act 2015

        2. 23.Domestic Abuse Act 2021

        3. 24.Overseas Operations (Service Personnel and Veterans) Act 2021

        4. 25.Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835)

    15. SCHEDULE 15

      Liability of parent entities etc

      1. 1.Joint provisional notices of contravention

      2. 2.Liability of parent entities for failures by subsidiary entities

      3. 3.Liability of subsidiary entities for failures by parent entities

      4. 4.Liability of fellow subsidiary entities for failures by subsidiary entities

      5. 5.Liability of controlling individuals for failures by entities

      6. 6.OFCOM’s guidance

      7. 7.Interpretation

      8. 8.In its application for the purposes of this Schedule, paragraph...

      9. 9.For the purposes of this Schedule, sections 1161(4) and 1162...

    16. SCHEDULE 16

      Amendments of Part 4B of the Communications Act

      1. 1.Part 4B of the Communications Act (video-sharing platform services) is...

      2. 2.In section 368U (maintenance of list of providers)—

      3. 3.In section 368V(4) (meaning of “significant differences”), for the words...

      4. 4.In section 368Y(2)(d) (information to be provided by providers of...

      5. 5.In section 368Z1(3) (duty to take appropriate measures), for the...

      6. 6.In section 368Z10(3)(a) (power to demand information), for the words...

      7. 7.For section 368Z12 (co-operation with member States and the European...

    17. SCHEDULE 17

      Video-sharing platform services: transitional provision etc

      1. PART 1 Interpretation

        1. 1.(1) In this Schedule, “pre-existing Part 4B service” means—

        2. 2.In this Schedule— “the relevant day”, in relation to a...

      2. PART 2 During the transitional period

        1. 3.Pre-existing Part 4B services which are regulated user-to-user services

        2. 4.Regulated user-to-user services that include regulated provider pornographic content

        3. 5.Pre-existing Part 4B services which form part of regulated user-to-user services

        4. 6.Regulated user-to-user services with a Part 4B part and another user-to-user part

        5. 7.Regulated user-to-user services with a Part 4B part and a search engine

        6. 8.Regulated user-to-user services with a Part 4B part but no other user-to-user part or search engine

        7. 9.Assessments of pre-existing Part 4B services or of services which include a pre-existing Part 4B service

        8. 10.Operation of section 368U of the Communications Act

        9. 11.Video-sharing platform services which start up, or start up again, during the transitional period

        10. 12.(1) Sub-paragraph (2) applies in relation to a pre-existing Part...

        11. 13.Paragraphs 11 and 12 apply regardless of whether, or when,...

      3. PART 3 Application of Part 6 of this Act: fees

        1. 14.Introduction

        2. 15.In this Part “relevant regulated service” means—

        3. 16.Application of section 83

        4. 17.(1) This paragraph applies in relation to a person who...

        5. 18.Application of section 84: transitional charging year

        6. 19.(1) If a person who is the provider of a...

        7. 20.Application of section 84: non-transitional charging year

        8. 21.Amounts wholly referable to relevant Part 4B service

        9. 22.Interpretation of this Part

        10. 23.For the purposes of this Part a charging year is...

        11. 24.(1) In this Part “exempt provider” means a person within...

        12. 25.In this Part the following terms have the same meaning...

      4. PART 4 After the end of the transitional period

        1. 26.Interpretation of this Part

        2. 27.For the purposes of this Part an investigation relating to...

        3. 28.OFCOM as appropriate regulatory authority

        4. 29.Duties of service providers to co-operate with investigations

        5. 30.Demands for information, and enforcement of such demands

        6. 31.Enforcement notifications, financial penalties etc

        7. 32.Suspension or restriction of service for contraventions or failures

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