Online Safety Act 2023

125 Notices under section 121(1): supplementary

(1) In this section “a notice” means a notice under section 121(1) (including a further notice under that provision).

(2) If a provider is already using accredited technology in relation to the service in question, a notice may require the provider to use it more effectively (specifying the ways in which that must be done).

(3) A notice relating to a user-to-user service (or to the user-to-user part of a combined service) may also require a provider to operate an effective complaints procedure allowing for United Kingdom users to challenge the provider for taking down content which they have generated, uploaded or shared on the service.

(4) A notice relating to a search service (or to the search engine of a combined service) may also require a provider to operate an effective complaints procedure allowing for an interested person (see section 227(7)) to challenge measures taken or in use by the provider that result in content relating to that interested person no longer appearing in search results of the service.

(5) A notice given to a provider of a Part 3 service requiring the use of accredited technology is to be taken to require the provider to make such changes to the design or operation of the service as are necessary for the technology to be used effectively.

(6) A notice requiring the use of accredited technology must—

(a) give OFCOM’s reasons for their decision to give the notice,

(b) contain details of the requirements imposed by the notice,

(c) contain details of the technology to be used,

(d) contain details about the manner in which the technology is to be implemented,

(e) specify a reasonable period for compliance with the notice,

(f) specify the period for which the notice is to have effect,

(g) contain details of the rights of appeal under section 168,

(h) contain information about when OFCOM intend to review the notice (see section 126), and

(i) contain information about the consequences of not complying with the notice (including information about the further kinds of enforcement action that it would be open to OFCOM to take).

(7) A notice requiring the use of accredited technology may impose requirements for a period of up to 36 months beginning with the last day of the period specified in the notice in accordance with subsection (6)(e).

(8) A notice relating to the development or sourcing of technology must—

(a) give OFCOM’s reasons for their decision to give the notice,

(b) describe the purpose for which technology is required to be developed or sourced (see section 121(2)(a)(iii) and (iv) and (3)(a)(ii),

(c) specify steps that the provider is required to take (including steps relating to the use of a system or process) in order to comply with the requirement described in section 121(2)(b) or (3)(b), or both those requirements (as the case may be),

(d) specify a reasonable period within which each of the steps specified in the notice must be taken,

(e) contain details of any other requirements imposed by the notice,

(f) contain details of the rights of appeal under section 168,

(g) contain information about when OFCOM intend to review the notice (see section 126), and

(h) contain information about the consequences of not complying with the notice (including information about the further kinds of enforcement action that it would be open to OFCOM to take).

(9) In deciding what period or periods to specify for steps to be taken in accordance with subsection (8)(d), OFCOM must, in particular, consider—

(a) the size and capacity of the provider, and

(b) the state of development of technology capable of achieving the purpose described in the notice in accordance with subsection (8)(b).

(10) A notice may impose requirements only in relation to the design and operation of a Part 3 service—

(a) in the United Kingdom, or

(b) as it affects United Kingdom users of the service.

(11) OFCOM may vary or revoke a notice given to a provider by notifying the provider to that effect.

(12) For the purposes of this Chapter, technology is “accredited” if it is accredited (by OFCOM or another person appointed by OFCOM) as meeting minimum standards of accuracy in the detection of terrorism content or CSEA content (as the case may be).

(13) Those minimum standards of accuracy must be such standards as are for the time being approved and published by the Secretary of State, following advice from OFCOM.