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- Point in Time (22/11/2023)
- Original (As enacted)
Online Safety Act 2023 is up to date with all changes known to be in force on or before 11 September 2024. There are changes that may be brought into force at a future date.
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PART 3 Providers of regulated user-to-user services and regulated search services: duties of care
CHAPTER 2 Providers of user-to-user services: duties of care
CHAPTER 3 Providers of search services: duties of care
PART 4 Other duties of providers of regulated user-to-user services and regulated search services
PART 5 Duties of providers of regulated services: certain pornographic content
PART 7 OFCOM's powers and duties in relation to regulated services
CHAPTER 2 Register of categories of regulated user-to-user services and regulated search services
CHAPTER 3 Risk assessments of regulated user-to-user services and regulated search services
PART 9 Secretary of State's functions in relation to regulated services
PART 10 Communications offences
PART 12 Interpretation and final provisions
SCHEDULES
Exempt user-to-user and search services
PART 1 Descriptions of services which are exempt
3.Services offering only one-to-one live aural communications
5.Services which enable combinations of user-generated content
7.Internal business services (entire user-to-user service or search service)
8.Internal business services (part of user-to-user service or search service)
10.Services provided by persons providing education or childcare
PART 2 Paragraph 10 exemption: descriptions of education and childcare
13.Early years provision by a person registered under Chapter 2...
14.Later years childminding by a later years childminder registered under...
15.Later years provision by a person registered under Chapter 3...
16.Education or childcare in a maintained nursery school within the...
17.Education or childcare in— (a) an Academy school, within the...
18.Education in— (a) an institution in England within the further...
20.Further education for persons under 19 provided by a local...
21.In paragraphs 12 to 15, “early years childminding”, “early years...
22.In paragraph 19, “independent training provider” means a provider—
23.In paragraphs 20 and 22, “local authority in England” has...
24.In paragraph 22— “combined authority” means a combined authority established...
29.Further education provided by a body listed under the heading...
30.Further education provided by a college of further education which...
33.Primary education, secondary education or childcare in a school in...
34.Education provided in accordance with section 19A of the Education...
35.Further education in an institution in Wales within the further...
36.Any other post-16 education or training in Wales, the facilities...
37.In paragraphs 31 and 32, “child minding” and “day care...
39.Pre-school education, within the meaning of Part 5 of the...
40.Education in a nursery school, within the meaning of the...
41.Education or childcare in a school, within the meaning of...
42.Education which is suitable education otherwise than at school provided...
43.Education in an institution of further education, within the meaning...
45.The following definitions apply for the purposes of this Schedule....
46.“Childcare”— (a) in relation to provision in England, has same...
47.“Education”— (a) in relation to provision in England, Wales and...
48.“Education in agriculture and related subjects”, in relation to provision...
49.“Further education”— (a) in relation to provision in England and...
50.“Higher education”— (a) in relation to provision in England and...
51.“Primary education” and “secondary education”— (a) in relation to provision...
User-to-user services and search services that include regulated provider pornographic content
Timing of providers’ assessments
PART 1 Timing of illegal content risk assessments and children’s access assessments
1.Part 3 services already in operation at the outset of the regime provided for by this Act
2.New Part 3 services which start up, and existing services which become Part 3 services, between publication of the first illegal content risk assessment guidance and the first CAA guidance
3.New Part 3 services which start up when illegal content risk assessment guidance and CAA guidance are both available
4.Existing services which become Part 3 services when illegal content risk assessment guidance and CAA guidance are both available
PART 2 Timing of children’s risk assessments and section 15(2) assessments
Pre-existing Part 4B services which are regulated user-to-user services
Regulated user-to-user services which include a pre-existing Part 4B service
PART 4 Interpretation, and extension of three-month periods
22.For the meaning of “likely to be accessed by children”,...
23.In relation to regulated user-to-user services (or in the case...
24.In relation to regulated search services and the search engine...
25.In relation to regulated user-to-user services (or in the case...
26.In relation to regulated search services and the search engine...
27.For the purposes of this Schedule, guidance of a particular...
Codes of practice under section 41: principles, objectives, content
4.The online safety objectives for regulated user-to-user services are as...
5.The online safety objectives for regulated search services are as...
7.The Secretary of State may by regulations amend paragraph 4...
8.If regulations are made amending the online safety objectives, OFCOM...
10.(1) Measures described in a code of practice which are...
11.Measures described in a code of practice may relate only...
Child sexual exploitation and abuse offences
PART 1 England and Wales, and Northern Ireland
1.An offence under section 2 of the Obscene Publications Act...
2.An offence under section 1 of the Protection of Children...
3.An offence under Article 3 of the Protection of Children...
4.An offence under section 160 of the Criminal Justice Act...
5.An offence under any of the following provisions of the...
6.An offence under any of the following provisions of the...
7.An offence under section 62 of the Coroners and Justice...
2.An offence under section 13 of the Criminal Justice Act...
4.Public order offences, harassment, stalking and fear or provocation of violence
5.An offence under any of the following provisions of the...
6.An offence under section 50A of the Criminal Law (Consolidation)...
7.An offence under any of the following provisions of the...
8.An offence under any of the following provisions of the...
9.An offence under any of the following provisions of the...
10.An offence under any of the following provisions of the...
13.An offence under section 5 of the Psychoactive Substances Act...
15.An offence under any of the following provisions of the...
16.An offence under any of the following provisions of the...
17.An offence under any of the following provisions of the...
18.An offence under any of the following provisions of the...
19.An offence under any of the following provisions of the...
20.An offence under any of the following provisions of the...
21.An offence under section 36(1)(c) or (d) of the Violent...
22.An offence under any of the following provisions of the...
25.An offence under section 1 of the Human Trafficking and...
26.An offence under section 2 of the Human Trafficking and...
28.An offence under any of the following provisions of the...
30.An offence under section 33 of the Criminal Justice and...
31.An offence under section 2 of the Abusive Behaviour and...
34.An offence under section 49(3) of the Criminal Justice and...
36.An offence under any of the following provisions of the...
PART 1 Matters about which information may be required: user-to-user part of service
1.The incidence of illegal content, content that is harmful to...
2.The dissemination of illegal content, content that is harmful to...
3.The number of users who are assumed to have encountered...
4.The formulation, development, scope and application of the terms of...
5.The systems and processes for users to report content which...
6.The systems and processes that a provider operates to deal...
7.Functionalities designed to help users manage risks relating to content...
8.Features, including functionalities, that a provider considers may contribute to...
9.The design and operation of algorithms which affect the display,...
12.Arrangements that a provider has in place for the reporting...
15.The systems and processes by which a provider assesses the...
17.Co-operation by a provider with government, regulatory or other public...
PART 2 Matters about which information may be required: search engine
21.The incidence of illegal search content and search content that...
22.The number of users who are assumed to have encountered...
23.The formulation, development, scope and application of the statements of...
24.The systems and processes for users to report search content...
25.The systems and processes that a provider operates to deal...
26.Functionalities designed to help users manage risks relating to search...
27.The design and operation of algorithms which affect the display,...
29.Arrangements that a provider has in place for the reporting...
31.The systems and processes by which a provider assesses the...
33.Co-operation by a provider with government, regulatory or other public...
Certain internet services not subject to duties relating to regulated provider pornographic content
Categories of regulated user-to-user services and regulated search services: regulations
OFCOM’s powers of entry, inspection and audit
3.Notice requiring information, documents or tests at inspection
11.An authorised person executing a warrant may take such other...
13.An authorised person may use reasonable force, if necessary, for...
14.A warrant authorises entry on one occasion only, unless it...
15.If the premises are unoccupied or the occupier is temporarily...
20.References in this Schedule to a person “acting under this...
21.In this Schedule “enforceable requirement” has the same meaning as...
23.In the application of paragraph 5(1) to Scotland, the reference...
24.In the application of paragraph 5(1) to Northern Ireland, the...
Amendments consequential on offences in Part 10 of this Act
PART 1 Amendments consequential on offences in sections 179, 181 and 183
PART 3 Amendments consequential on offences in sections 187 and 188
Liability of parent entities etc
2.Liability of parent entities for failures by subsidiary entities
3.Liability of subsidiary entities for failures by parent entities
4.Liability of fellow subsidiary entities for failures by subsidiary entities
5.Liability of controlling individuals for failures by entities
8.In its application for the purposes of this Schedule, paragraph...
9.For the purposes of this Schedule, sections 1161(4) and 1162...
Amendments of Part 4B of the Communications Act
1.Part 4B of the Communications Act (video-sharing platform services) is...
3.In section 368V(4) (meaning of “significant differences”), for the words...
4.In section 368Y(2)(d) (information to be provided by providers of...
5.In section 368Z1(3) (duty to take appropriate measures), for the...
6.In section 368Z10(3)(a) (power to demand information), for the words...
7.For section 368Z12 (co-operation with member States and the European...
Video-sharing platform services: transitional provision etc
PART 2 During the transitional period
3.Pre-existing Part 4B services which are regulated user-to-user services
4.Regulated user-to-user services that include regulated provider pornographic content
5.Pre-existing Part 4B services which form part of regulated user-to-user services
6.Regulated user-to-user services with a Part 4B part and another user-to-user part
7.Regulated user-to-user services with a Part 4B part and a search engine
8.Regulated user-to-user services with a Part 4B part but no other user-to-user part or search engine
9.Assessments of pre-existing Part 4B services or of services which include a pre-existing Part 4B service
11.Video-sharing platform services which start up, or start up again, during the transitional period
12.(1) Sub-paragraph (2) applies in relation to a pre-existing Part...
13.Paragraphs 11 and 12 apply regardless of whether, or when,...
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