- a notice
means a notice under section 121(1) (including a further notice under that provision).
- act
includes omission.
- additional fees
means fees chargeable under this Schedule in respect of the recovery of OFCOM’s initial costs;
- adult
means a person aged 18 or over;
- Affected person
means a person, other than a user of the service in question, who is in the United Kingdom and who is—
- age assurance
means age verification or age estimation;
- Age estimation
means any measure designed to estimate the age or age-range of users of a regulated service.
- Age verification
means any measure designed to verify the exact age of users of a regulated service.
- amend
includes repeal and apply (with or without modifications);
- an individual named as a senior manager of an entity
means an individual who, as required by an information notice, is named as a senior manager of an entity in a response to that notice (see section 103).
- annual report
means OFCOM’s annual report under paragraph 12 of the Schedule to the Office of Communications Act 2002;
- app
includes an app for use on any kind of device, and “app store” is to be read accordingly;
- audit notice
means a notice given under paragraph 4 of Schedule 12;
- Authorised person
means—
- automated tool
includes bot;
- Behaviour identification technology
means technology which analyses (any or all of)— to assess a user’s online behaviour or patterns of online behaviour (for example, to assess whether a user may be involved in, or be the victim of, illegal activity).
- body corporate
includes an entity incorporated outside the United Kingdom;
- breastfeeding
includes the rearranging of clothing in the course of preparing to breastfeed or having just finished breastfeeding.”
- business
includes trade, profession, educational institution or other concern (whether or not carried on for profit);
- business disruption order
means—
- CAA
means a children’s access assessment (see section 35);
- Category 1 service
means a regulated user-to-user service for the time being included in the part of the register established under subsection (2)(a);
- Category 2A service
means a regulated search service or a combined service for the time being included in the part of the register established under subsection (2)(b);
- Category 2B service
means a regulated user-to-user service for the time being included in the part of the register established under subsection (2)(c).
- charging year
has the meaning given by section 90;
- child
means a person under the age of 18;
- code of practice
means a code of practice published under section 46;
- combined authority
means a combined authority established under section 103 of the Local Democracy, Economic Development and Construction Act 2009;
- conduct
includes acts and omissions;
- confirmation decision
means a notice given under section 132;
- consumer content
has the same meaning as in Chapter 3 of Part 4 (see section 74(3));
- content
means anything communicated by means of an internet service, whether publicly or privately, including written material or messages, oral communications, photographs, videos, visual images, music and data of any description;
- Content identification technology
means technology, such as algorithms, keyword matching, image matching or image classification, which analyses content to assess whether it is content of a particular kind (for example, illegal content).
- content on regulated services
means—
- content that is harmful to children
has the same meaning as in Part 3 (see section 60);
- control
has the same meaning as it has in the Broadcasting Act 1990 by virtue of section 202 of that Act.
- country
includes territory;
- criminal or civil liability
includes such a liability under the law of a country outside the United Kingdom;
- daily rate penalty
means a penalty of an amount in sterling determined by OFCOM and calculated by reference to a daily rate.
- devolved authority
means— (a) the Scottish Ministers, (b) the Welsh Ministers, or (c) a Northern Ireland department;
- devolved subordinate legislation
means— (a) an instrument made under an Act of the Scottish Parliament, (b) an instrument made under an Act or Measure of Senedd Cymru, or (c) an instrument made under Northern Ireland legislation;
- director
includes any person occupying the position of a director, by whatever name called;
- disability
means any physical or mental impairment;
- document
means anything in which information (in whatever form) is recorded;
- domestic premises
means premises, or a part of premises, used as a dwelling;
- educational establishment
has the same meaning as in the Education (Scotland) Act 1980 (see section 135(1) of that Act));
- electronic communications device
means equipment or a device that is capable of transmitting images by electronic means;
- Electronic communications service
has the same meaning as in the Communications Act (see section 32(2) of that Act).
- enactment
includes— (a) an enactment contained in subordinate legislation (within the meaning of the Interpretation Act 1978), (b) an enactment contained in, or in an instrument made under, an Act of the Scottish Parliament, (c) an enactment contained in, or in an instrument made under, a Measure or Act of Senedd Cymru, and (d) an enactment contained in, or in an instrument made under, Northern Ireland legislation;
- enforceable requirement
has the same meaning as in Chapter 6 of Part 7 (see section 131), except that—
- entity
means a body or association of persons or an organisation, regardless of whether the body, association or organisation is— (a) formed under the law of any part of the United Kingdom or of a country outside the United Kingdom, or (b) a legal person under the law under which it is formed;
- exempt provider
means a person within sub-paragraph (2) or (3).
- facility
means any kind of service, infrastructure or apparatus enabling users of a regulated service to access the regulated service;
- fee-paying year
has the same meaning as in section 83.
- fellow subsidiary undertaking
has the meaning given by section 1161(4) of the Companies Act;
- Film
means a moving image. 5 References to a photograph or film also include— a an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film, b a copy of a photograph, film or image within paragraph (a), and c data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a). 6 A person who commits an offence under this section is liable— a on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
- financial year
means a year ending with 31 March.”
- flashing images
means images which carry a risk that an individual with photosensitive epilepsy who viewed them would suffer a seizure as a result;
- for the purposes of section 15(2)
means an assessment of the following matters—
- foreign agency
means a person exercising functions in a country outside the United Kingdom which correspond to the NCA’s functions insofar as they relate to receiving and disseminating reports about CSEA content;
- fraudulent advertisement
has the meaning given by section 38;
- group
means a parent undertaking and its subsidiary undertakings, reading those terms in accordance with section 1162 of the Companies Act 2006;
- group undertaking
has the meaning given by section 1161(5) of the Companies Act 2006.
- harm
means— (a) a seizure, or (b) alarm or distress;
- harmful content
means— (a) content that is harmful to children, (b) search content that is harmful to children, and (c) regulated provider pornographic content;
- identifying content
means content the function of which is to identify a user of an internet service (for example, a user name or profile picture);
- illegal AI-generated content
means illegal content that is AI-generated;
- illegal content
has the same meaning as in Part 3 (see section 59), except that where that term is used in the definition of “illegal AI-generated content”, section 59(14)(a) is to be disregarded;
- Illegal content judgements
means—
- illegal content risk assessment
has the meaning given by section 9 or 26 (as the case may be);
- illegal search content
means search content that is illegal content;
- illegality risks
means the risks mentioned in section 98(1)(a);
- independent training provider
means a provider—
- individual with epilepsy
includes, but is not limited to, an individual with photosensitive epilepsy;
- information
includes documents, and any reference to providing information includes a reference to producing a document;
- information duty
means a duty set out in section 102(8);
- information notice
means a notice given under section 101(C1) or (1) or 101(1);
- initial charging year
has the meaning given by section 90;
- initial costs
means the costs incurred by OFCOM before the first day of the initial charging year on— (a) preparations for the exercise of their online safety functions, or (b) the exercise of their online safety functions;
- injury
includes poisoning;
- inquiry
means an inquiry held, or to be held, under the Inquiries into Fatal Accidents and Sudden Deaths etc.
- intelligence service
means— (a) the Security Service, (b) the Secret Intelligence Service, or (c) the Government Communications Headquarters.
- interested person
has the meaning given by section 227(7);
- internet access service
means a service that provides access to virtually all (or just some) of the end points of the internet.
- internet service
means a service that is made available by means of the internet.
- Intimate image content
means content that amounts to an offence under section 66B(1), (2) or (3) of the Sexual Offences Act 2003 (sharing intimate image of a person without consent).
- journalistic content
has the meaning given by section 19;
- local authority in England
has the same meaning as in the Education Act 1996 (see sections 579(1) and 581 of that Act).
- media literacy functions
means OFCOM’s functions under section 11 of the Communications Act (duties to promote media literacy), so far as functions under that section relate to regulated services.
- Minister of the Crown
has the meaning given by section 8 of the Ministers of the Crown Act 1975 and also includes the Commissioners for His Majesty’s Revenue and Customs;
- Multiplex licence
means a licence under section 8 of the Wireless Telegraphy Act 2006 which authorises the provision of a multiplex service within the meaning of section 42(6) of that Act.
- NCA
means the National Crime Agency.
- news publisher content
has the meaning given by section 55;
- news-related material
means material consisting of— (a) news or information about current affairs, (b) opinion about matters relating to the news or current affairs, or (c) gossip about celebrities, other public figures or other persons in the news;
- Non-designated content that is harmful to children
means content within subsection (2)(c).
- non-transitional charging year
means a charging year which is not a transitional charging year;
- non-verified user
means a user who— (a) is an individual, whether in the United Kingdom or outside it, and (b) has not verified their identity to the provider of a service;
- notice
means notice in writing;
- notified requirement
has the meaning given by section 132.
- notify
means notify in writing, and “notification” is to be construed accordingly;
- obscured
means obscured by any means, other than by clothing that a person is wearing, including, in particular, by an object, by part of a person’s body or by digital alteration. 8 A photograph or film falls within this subsection if (so far as it shows or appears to show a person in an intimate state) it shows or appears to show something, other than breastfeeding, that is of a kind ordinarily seen in public. 9 For the purposes of subsection (8) “breastfeeding” includes the rearranging of clothing in the course of preparing to breastfeed or having just finished breastfeeding.”
- OFCOM
means the Office of Communications;
- offence
includes an offence under the law of a country outside the United Kingdom.
- officer
means—
- On-demand programme service
has the same meaning as in the Communications Act (see section 368A of that Act), and a person is the “provider” of an on-demand programme service if the person has given notification of the person’s intention to provide that service in accordance with section 368BA of that Act.
- One-to-one live aural communications
has the meaning given by section 55(5).
- online safety functions
has the same meaning as in section 3.”
- online safety information
means information held by OFCOM in connection with any of OFCOM’s online safety functions;
- online safety matters
means the matters to which OFCOM’s online safety functions relate.
- overseas regulator
means a person exercising functions in a country outside the United Kingdom which correspond to any of OFCOM’s online safety functions;
- Part 3 service
means a regulated user-to-user service or a regulated search service.
- penalty
means a penalty imposed by—
- penalty notice
means—
- person
includes (in addition to an individual and a body of persons corporate or unincorporate) any organisation or association of persons;
- personal data
has the meaning given by section 3(2) of the Data Protection Act 2018;
- Photograph
includes the negative as well as the positive version. 4 “Film” means a moving image. 5 References to a photograph or film also include— a an image, whether made or altered by computer graphics or in any other way, which appears to be a photograph or film, b a copy of a photograph, film or image within paragraph (a), and c data stored by any means which is capable of conversion into a photograph, film or image within paragraph (a). 6 A person who commits an offence under this section is liable— a on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
- pornographic content
means content of such a nature that it is reasonable to assume that it was produced solely or principally for the purpose of sexual arousal;
- pre-existing Part 4B service
means—
- premises
means premises in the United Kingdom.
- primary legislation
means— (a) an Act of Parliament, (b) an Act of the Scottish Parliament, (c) an Act or Measure of Senedd Cymru, or (d) Northern Ireland legislation;
- Primary priority content that is harmful to children
means content of any of the following kinds.
- Priority content that is harmful to children
means content of any of the following kinds.
- priority illegal content
has the same meaning as in Part 3 (see section 59);
- priority offence
has the same meaning as in Part 3 (see section 59);
- proactive technology
means— but this is subject to subsections (3) and (7).
- processing
has the meaning given by section 3(4) of the Data Protection Act 2018;
- provider content
means content published on a service by the provider of the service or by a person acting on behalf of the provider, including where the publication of the content is effected or controlled by means of—
- provisional notice of contravention
means a notice given under section 130;
- public function
means a function that is a function of a public nature for the purposes of the Human Rights Act 1998.
- public search engine
means a search engine other than one in relation to which the conditions in paragraph 7(2) are met;
- publicly available
means available to members of the public in the United Kingdom;
- publish
means publish by any means (including by broadcasting), and references to a publisher and publication are to be construed accordingly;
- race
includes colour, nationality, and ethnic or national origins.
- Recognised news publisher
has the meaning given by section 56.
- recoverable amount
has the meaning given by paragraph 6;
- regulated app
means an app for a regulated service;
- regulated provider pornographic content
has the same meaning as in Part 5 (see section 79);
- regulated service
means— a a regulated user-to-user service, or b a regulated search service.
- regulated user-generated content
has the same meaning as in Part 3 (see section 55);
- regulations
means regulations under section 215(1).
- Relevant child
means a child who is of, or under, a specified age (and different ages may be specified for the purposes of paragraphs (a) and (b) of subsection (1)).
- relevant content
means illegal content, content that is harmful to children or content consisting of fraudulent advertisements, or any or all of those kinds of content (depending on the duties (as mentioned in subsection (5)) for the purposes of which the proactive technology requirement is imposed);
- relevant decision or notice
means— (a) a confirmation decision that includes requirements of a kind described in section 133(1) or imposes a penalty as mentioned in section 137 (or both), or (b) a penalty notice.
- relevant duty
means—
- relevant entity
means an entity that is—
- relevant functions
means OFCOM’s functions under— (a) Chapter 4 of Part 7 (information), (b) Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content), (c) Chapter 6 of Part 7 (enforcement), and (d) Chapter 2 of Part 8 (super-complaints).
- Relevant offence
means—
- relevant Part 4B service
means— (a) a regulated user-to-user service described in paragraph 15(a), or (b) a pre-existing Part 4B service included in a regulated user-to-user service described in paragraph 15(b).
- relevant person
means a person within any of paragraphs (a) to (e) of section 100(5).
- relevant regulated service
means—
- relevant requirement
has the meaning given by section 104(13).
- relevant requirements
means— (a) duties and requirements under this Act, and (b) requirements of a notice given by OFCOM under this Act.
- relevant service
has the meaning given by section 75.
- risk assessment duty
means a duty set out in— (a) section 9, (b) section 11, (c) section 26, or (d) section 28.
- risk of harm from illegal content
means the risk of harm mentioned in section 98(1)(b);
- risk of harm to children
means the risk of harm mentioned in section 98(1)(c);
- risk profiles
means risk profiles prepared under section 98.
- safeguarding duties
means duties or requirements which are related to the safeguarding of children arising under enactments other than this Act, under guidance or requirements (however referred to) produced under enactments other than this Act, or as a result of contractual arrangements made by the responsible person.
- safety duties
means the duties mentioned in section 7(2), (4) and (5), except the duties set out in— (a) section 9 (illegal content risk assessments), (b) section 11 (children’s risk assessments), (c) section 14 (assessments related to the adult user empowerment duty set out in section 15(2)), and (d) section 23(2), (9) and (10) (records of assessments);
- safety measures and policies
means measures and policies designed to secure compliance with any of the duties set out in— (a) section 27 (illegal content), (b) section 29 (children’s online safety), (c) section 31 (content reporting), or (d) section 32 (complaints procedures).
- school
has the same meaning as in the Education Act 1996 as it applies in relation to Wales (see section 4 of that Act));
- Search
means search by any means, including by input of text or images or by speech, and references to a search request are to be construed accordingly.
- search content
has the same meaning as in Part 3 (see section 57).
- search engine information
means information which—
- search results
has the meaning given by section 57(3);
- search service
means an internet service that is, or includes, a search engine (see section 229).
- section 15(2) assessment
means OFCOM’s assessment under section 14 (assessments related to the adult user empowerment duty set out in section 15(2));
- section 15(2) guidance
means OFCOM’s guidance under section 52(1).
- send
includes transmit and publish (and related expressions are to be read accordingly).
- sending
includes “giving”, and “sender” is to be read accordingly).
- Serious harm
means—
- Serious self-harm
means self-harm amounting to— and includes successive acts of self-harm which cumulatively reach that threshold.
- service
(except in the term “business service”) means internet service, user-to-user service or search service.
- Special requirement
means—
- specified
means specified, or of a description specified, in regulations under this section.
- specified charging year
means a charging year specified in regulations under paragraph 7 for the purposes of paragraph 2.
- specified technology
means the technology to be specified in the notice under section 121(1).
- standards code
means— (a) a code of standards that regulates the conduct of publishers, that is published by an independent regulator, or (b) a code of standards that regulates the conduct of the entity in question, that is published by the entity itself.
- Terrorism content
means content that amounts to an offence specified in Schedule 5.
- terrorism or CSEA code of practice
means a code of practice under section 41(1) or (2).
- The 40-day period
has the same meaning as in section 43 (see subsections (5) and (6) of that section).
- the Communications Act
means the Communications Act 2003;
- the Companies Act
means the Companies Act 2006;
- the Convention
has the meaning given by section 21(1) of the Human Rights Act 1998;
- the court
means—
- the data protection legislation
has the same meaning as in the Data Protection Act 2018 (see section 3(9) of that Act);
- the failure
means the failure mentioned in section 144(3)(a) or (4)(a) (as the case may be).
- the guidance
means any such guidance as is mentioned in subsection (1), except that it does not include guidance under section 87 (guidance to OFCOM about fees).
- the investigating authority
has the same meaning as in section 101;
- the likely failure
means the likely failure mentioned in section 145(3)(a) or (4)(a) (as the case may be).
- the maximum term for summary offences
means— a if the offence is committed before the time when section 281(5) of the Criminal Justice Act 2003 comes into force, six months;
- the Part 4B part
means the pre-existing Part 4B service which is included in the regulated service.
- the register
means the register established under section 95;
- the regulated service
means the regulated user-to-user service, and
- the relevant Department
has the same meaning as in section 221(7) (see subsection (8) of that section).
- the relevant duties
means the duties set out in—
- The relevant time
means—
- the repeal time
means the time when section 210 of this Act comes into force (repeal of Part 4B of the Communications Act);
- the rest of the service
means all parts of the internet service other than the part which is an on-demand programme service or a non-UK on-demand programme service that is a Tier 1 service.
- User data
means—