Online Safety Act 2023

19 Duties to protect journalistic content

(1) This section sets out the duties to protect journalistic content which apply in relation to Category 1 services.

The duties

(2) A duty to operate a service using proportionate systems and processes designed to ensure that the importance of the free expression of journalistic content is taken into account when making decisions about—

(a) how to treat such content (especially decisions about whether to take it down or restrict users’ access to it), and

(b) whether to take action against a user generating, uploading or sharing such content.

(3) A duty, in relation to a decision by a provider to take down content or to restrict access to it, to make a dedicated and expedited complaints procedure available to a person who considers the content to be journalistic content and who is—

(a) the user who generated, uploaded or shared the content on the service, or

(b) the creator of the content (see subsections (14) and (15)).

(4) A duty to make a dedicated and expedited complaints procedure available to users of a service in relation to a decision by the provider of the service to take action against a user because of content generated, uploaded or shared by the user which the user considers to be journalistic content.

(5) A duty to ensure that—

(a) if a complaint about a decision mentioned in subsection (3) is upheld, the content is swiftly reinstated on the service;

(b) if a complaint about a decision mentioned in subsection (4) is upheld, the action against the user is swiftly reversed.

(6) Subsections (3) and (4) do not require a provider to make a dedicated and expedited complaints procedure available to a recognised news publisher in relation to a decision if the provider has taken the steps set out in section 18(3) in relation to that decision.

(7) A duty to include provisions in the terms of service specifying—

(a) by what methods content present on the service is to be identified as journalistic content;

(b) how the importance of the free expression of journalistic content is to be taken into account when making decisions mentioned in subsection (2);

(c) the policies and processes for handling complaints in relation to content which is, or is considered to be, journalistic content.

(8) A duty to ensure that—

(a) the provisions of the terms of service referred to in subsection (7) are clear and accessible, and

(b) those provisions are applied consistently.

Interpretation

(9) In determining what is proportionate for the purposes of subsection (2), the size and capacity of the provider of a service, in particular, is relevant.

(10) For the purposes of this Part content is “journalistic content”, in relation to a user-to-user service, if—

(a) the content is—

(i) news publisher content in relation to that service, or

(ii) regulated user-generated content in relation to that service;

(b) the content is generated for the purposes of journalism; and

(c) the content is UK-linked.

(11) For the purposes of this section content is “UK-linked” if—

(a) United Kingdom users of the service form one of the target markets for the content (or the only target market), or

(b) the content is or is likely to be of interest to a significant number of United Kingdom users.

(12) In this section references to “taking action” against a user are to giving a warning to a user, or suspending or banning a user from using a service, or in any way restricting a user’s ability to use a service.

(13) In this section the reference to the “creator” of content is to be read in accordance with subsections (14) and (15).

(14) The creator of news publisher content is the recognised news publisher in question.

(15) The creator of content other than news publisher content is—

(a) an individual who—

(i) created the content, and

(ii) is in the United Kingdom; or

(b) an entity which—

(i) created the content, and

(ii) is incorporated or formed under the law of any part of the United Kingdom.

(16) For the meaning of “news publisher content”, “regulated user-generated content” and “recognised news publisher”, see sections 55 and 56.