Online Safety Act 2023

15 User empowerment duties

(1) This section sets out the duties to empower adult users which apply in relation to Category 1 services.

(2) A duty to include in a service, to the extent that it is proportionate to do so, features which adult users may use or apply if they wish to increase their control over content to which this subsection applies.

(3) The features referred to in subsection (2) are those which, if used or applied by a user, result in the use by the service of systems or processes designed to effectively—

(a) reduce the likelihood of the user encountering content to which subsection (2) applies present on the service, or

(b) alert the user to content present on the service that is a particular kind of content to which subsection (2) applies.

(4) A duty to ensure that all features included in a service in compliance with the duty set out in subsection (2) (“control features”) are made available to all adult users and are easy to access.

(5) A duty to operate a service using a system or process which seeks to ensure that all registered adult users are offered the earliest possible opportunity, in relation to each control feature included in the service, to take a step indicating to the provider that—

(a) the user wishes to retain the default setting for the feature (whether that is that the feature is in use or applied, or is not in use or applied), or

(b) the user wishes to change the default setting for the feature.

(6) The duty set out in subsection (5)—

(a) continues to apply in relation to a user and a control feature for so long as the user has not yet taken a step mentioned in that subsection in relation to the feature;

(b) no longer applies in relation to a user once the user has taken such a step in relation to every control feature included in the service.

(7) A duty to include clear and accessible provisions in the terms of service specifying which control features are offered and how users may take advantage of them.

(8) A duty to summarise in the terms of service the findings of the most recent assessment of a service under section 14 (assessments related to the duty set out in subsection (2)).

(9) A duty to include in a service features which adult users may use or apply if they wish to filter out non-verified users.

(10) The features referred to in subsection (9) are those which, if used or applied by a user, result in the use by the service of systems or processes designed to effectively—

(a) prevent non-verified users from interacting with content which that user generates, uploads or shares on the service, and

(b) reduce the likelihood of that user encountering content which non-verified users generate, upload or share on the service.