Online Safety Act 2023

Contents

5,327 provisions, too many to show on one page. Open a part or section to read it with its history and connections, or search inside the text.

1. Part 1 · Introduction
   1. 1 Introduction
   2. 2 Overview of Act
2. 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
3. Part 3 · Providers of regulated user-to-user services and regulated search services: duties of care
   1. Chapter 1 Introduction
   2. Chapter 2 Providers of user-to-user services: duties of care
   3. Chapter 3 Providers of search services: duties of care
   4. Chapter 4 Children's access assessments
   5. Chapter 5 Duties about fraudulent advertising
   6. Chapter 6 Codes of practice and guidance
   7. Chapter 7 Interpretation of Part 3
4. Part 4 · Other duties of providers of regulated user-to-user services and regulated search services
   1. Chapter 1 User identity verification
   2. Chapter 2 Reporting child sexual exploitation and abuse content
   3. Chapter 3 Terms of service: transparency, accountability and freedom of expression
   4. Chapter 4 Deceased Child Users
   5. Chapter 5 Transparency reporting
5. 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
6. 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”
7. Part 7 · OFCOM's powers and duties in relation to regulated services
   1. Chapter 1 General duties
   2. Chapter 2 Register of categories of regulated user-to-user services and regulated search services
   3. Chapter 3 Risk assessments of regulated user-to-user services and regulated search services
   4. Chapter 4 Information
   5. Chapter 5 Regulated user-to-user services and regulated search services: notices to deal with terrorism content and CSEA content
   6. Chapter 6 Enforcement powers
   7. Chapter 7 Committees, research and reports
   8. Chapter 8 Media literacy
8. Part 8 · Appeals and super-complaints
   1. Chapter 1 Appeals
   2. Chapter 2 Super-complaints
9. Part 9 · Secretary of State's functions in relation to regulated services
   1. Guidance
   2. Review
   3. Annual report
   4. Directions to OFCOM
   5. Strategic priorities
10. Part 10 · Communications offences
    1. False and threatening communications offences
    2. Further provision
    3. Offence of encouraging or assisting serious self-harm
    4. Offences of sending or showing flashing images
    5. Offences to be inserted into Sexual Offences Act 2003
    6. Repeals and amendments in connection with offences
11. Part 11 · Supplementary and general
    1. Offences
    2. Regulations
    3. Extra-territorial application
    4. Liability of providers etc
    5. Other powers to amend Act
    6. Payment of sums into Consolidated Fund
    7. Power to amend Act: alternative dispute resolution
    8. Power to amend Act: illegal AI-generated content etc
    9. Power to amend Act: pornographic content
    10. Power to amend Act to regulate app stores
    11. Power to require providers of internet services to prevent or restrict access by children to internet services
    12. Providers' judgements about the status of content
    13. Publication by OFCOM
    14. Repeals and amendments
    15. Service of notices
    16. Time-limits for first guidance
12. Part 12 · Interpretation and final provisions
    1. Interpretation
    2. Final provisions
13. Schedule 1 · Exempt user-to-user and search services
    1. Part 1 Descriptions of services which are exempt
    2. Part 2 Paragraph 10 exemption: descriptions of education and childcare
    3. Part 3 Interpretation
14. Schedule 3 · Timing of providers’ assessments
    1. Part 1 Timing of illegal content risk assessments and children’s access assessments
    2. Part 2 Timing of children’s risk assessments and section 15(2) assessments
    3. Part 3 Pre-existing Part 4B services
    4. Part 4 Interpretation, and extension of three-month periods
    5. Pre-existing Part 4B services which are regulated user-to-user services
    6. Regulated user-to-user services which include a pre-existing Part 4B service
15. 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
16. 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
17. Schedule 6 · Child sexual exploitation and abuse offences
    1. Part 1 England and Wales, and Northern Ireland
    2. Part 2 Scotland
18. Schedule 7 · Priority offences
    1. (1) Assisting suicide
    2. (2) An offence under section 13 of the Criminal Justice Act...
    3. (2A) Encouraging or assisting serious self-harm
    4. (3) Threats to kill
    5. (4) Public order offences, harassment, stalking and fear or provocation of violence
    6. (5) An offence under any of the following provisions of the...
    7. (6) An offence under section 50A of the Criminal Law (Consolidation)...
    8. (7) An offence under any of the following provisions of the...
    9. (8) An offence under any of the following provisions of the...
    10. (9) An offence under any of the following provisions of the...
    11. (10) An offence under any of the following provisions of the...
    12. (11) An offence under section 76 of the Serious Crime Act...
    13. (12) Drugs and psychoactive substances
    14. (13) An offence under section 5 of the Psychoactive Substances Act...
    15. (14) Firearms and other weapons
    16. (15) An offence under any of the following provisions of the...
    17. (16) An offence under any of the following provisions of the...
    18. (17) An offence under any of the following provisions of the...
    19. (18) An offence under any of the following provisions of the...
    20. (19) An offence under any of the following provisions of the...
    21. (20) An offence under any of the following provisions of the...
    22. (21) An offence under section 36(1)(c) or (d) of the Violent...
    23. (22) An offence under any of the following provisions of the...
    24. (23) Assisting illegal immigration
    25. (24) Human trafficking
    26. (25) An offence under section 1 of the Human Trafficking and...
    27. (26) An offence under section 2 of the Human Trafficking and...
    28. (27) Sexual exploitation
    29. (28) An offence under any of the following provisions of the...
    30. (28A) An offence under any of the following provisions of the...
    31. (29) An offence under any of the following provisions of the...
    32. (30) An offence under section 33 of the Criminal Justice and...
    33. (31) An offence under section 2 of the Abusive Behaviour and...
    34. (32) Proceeds of crime
    35. (33) Fraud
    36. (34) An offence under section 49(3) of the Criminal Justice and...
    37. (35) Financial services
    38. (36) An offence under any of the following provisions of the...
    39. (37) Foreign interference
    40. (38) Animal welfare
    41. (39) Inchoate offences
19. 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
    2. Part 2 Matters about which information may be required: search engine
    3. Part 3 Further provision and interpretation
20. 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 and non-UK on-demand programme services that are Tier 1 services (entire internet service)
    6. (6) On-demand programme services and non-UK on-demand programme services that are Tier 1 services (part of internet service)
    7. (7) Interpretation
21. 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
22. 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...
23. 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...
24. 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
25. 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
    2. Part 2 Amendments consequential on offence in section 184
    3. Part 3 Amendments consequential on offences in sections 187 and 188
    4. Part 4 Amendments consequential on section 190
26. 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) Interpretation
    9. (9) Interpretation
27. 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...
28. Schedule 17 · Video-sharing platform services: transitional provision etc
    1. Part 1 Interpretation
    2. Part 2 During the transitional period
    3. Part 3 Application of Part 6 of this Act: fees
    4. Part 4 After the end of the transitional period