Online Safety Act 2023

Content of codes of practice

10 (1) Measures described in a code of practice which are recommended for the purpose of compliance with any of the relevant duties must be designed in the light of the principles mentioned in sub-paragraph (2) and (where appropriate) incorporate safeguards for the protection of the matters mentioned in those principles.

(2) The principles are—

(a) the importance of protecting the right of users and (in the case of search services or combined services) interested persons to freedom of expression within the law, and

(b) the importance of protecting the privacy of users.

(3) In sub-paragraph (2)(b) the reference to protecting the privacy of users is to protecting users from a breach of any statutory provision or rule of law concerning privacy that is relevant to the use or operation of a user-to-user service or a search service (including, but not limited to, any such provision or rule concerning the processing of personal data).

(4) In this paragraph “the relevant duties” means the duties set out in—

(a) sections 10 and 27 (illegal content),

(b) sections 12 and 29 (children’s online safety),

(c) section 15 (user empowerment),

(d) section 17 (content of democratic importance),

(e) section 19 (journalistic content),

(f) sections 20 and 31 (content reporting),

(g) sections 21 and 32 (complaints procedures), and

(h) sections 38 and 39 (fraudulent advertising).