Search Legislation

Online Safety Act 2023

 Help about what version

What Version

 Help about advanced features

Advanced Features

 Help about opening options

Opening OptionsExpand opening options

Changes over time for: Section 213

 Help about opening options

Alternative versions:

Changes to legislation:

There are currently no known outstanding effects for the Online Safety Act 2023, Section 213. Help about Changes to Legislation

213Offence under the Obscene Publications Act 1959: OFCOM defenceE+W

This section has no associated Explanatory Notes

(1)Section 2 of the Obscene Publications Act 1959 (prohibition of publication of obscene matter) is amended in accordance with subsections (2) and (3).

(2)After subsection (5) insert—

(5A)A person shall not be convicted of an offence against this section of the publication of an obscene article if the person proves that—

(a)at the time of the offence charged, the person was a member of OFCOM, employed or engaged by OFCOM, or assisting OFCOM in the exercise of any of their online safety functions (within the meaning of section 235 of the Online Safety Act 2023), and

(b)the person published the article for the purposes of OFCOM’s exercise of any of those functions.

(3)In subsection (7)—

(a)the words after “In this section” become paragraph (a), and

(b)at the end of that paragraph, insert ;

(b)OFCOM” means the Office of Communications.

Commencement Information

I1S. 213 not in force at Royal Assent, see s. 240(1)

I2S. 213 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z30)

Back to top

Options/Help

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open the Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open the Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?