Online Safety Act 2023

PART 1 Introduction

1 Introduction

(1) This Act provides for a new regulatory framework which has the general purpose of making the use of internet services regulated by this Act safer for individuals in the United Kingdom.

(2) To achieve that purpose, this Act (among other things)—

(a) imposes duties which, in broad terms, require providers of services regulated by this Act to identify, mitigate and manage the risks of harm (including risks which particularly affect individuals with a certain characteristic) from—

(i) illegal content and activity, and

(ii) content and activity that is harmful to children, and

(b) confers new functions and powers on the regulator, OFCOM.

(3) Duties imposed on providers by this Act seek to secure (among other things) that services regulated by this Act are—

(a) safe by design, and

(b) designed and operated in such a way that—

(i) a higher standard of protection is provided for children than for adults,

(ii) users’ rights to freedom of expression and privacy are protected, and

(iii) transparency and accountability are provided in relation to those services.

2 Overview of Act

(1) Parts 2 to 9 and 11 and 12 of this Act contain provision about the regulation by OFCOM of certain internet services.

(2) Part 2 contains key definitions, including the definition of a user-to-user service, a search service, a Part 3 service and a regulated service.

(3) Part 3 imposes duties of care on providers of user-to-user services and search services and requires OFCOM to issue codes of practice about those duties.

(4) Part 4 imposes further duties on providers of user-to-user services and search services.

(5) Part 5 imposes duties on providers of internet services (including user-to-user services and search services) that publish certain pornographic content.

(6) Part 6, which imposes requirements to pay fees to OFCOM, applies to providers of internet services to which the duties in Part 3, 4 or 5 apply (“regulated services”).

(7) Part 7 is about OFCOM’s powers and duties in relation to regulated services (including powers to obtain information and enforcement powers).

(8) Part 8 is about appeals and complaints relating to regulated services.

(9) Part 9 is about the Secretary of State’s functions in relation to regulated services.

(10) Part 10 contains communications offences.

(11) Parts 11 and 12 contain supplementary provisions including an index of terms defined in this Act (see section 237).