Online Safety Act 2023

CHAPTER 1 User identity verification

64 User identity verification

(1) A provider of a Category 1 service must offer all adult users of the service the option to verify their identity (if identity verification is not required for access to the service).

(2) The verification process may be of any kind (and in particular, it need not require documentation to be provided).

(3) A provider of a Category 1 service must include clear and accessible provisions in the terms of service explaining how the verification process works.

(4) If a person is the provider of more than one Category 1 service, the duties set out in this section apply in relation to each such service.

(5) The duty set out in subsection (1) applies in relation to all adult users, not just those who begin to use a service after that duty begins to apply.

(6) The duties set out in this section extend only to—

(a) the user-to-user part of a service, and

(b) the design, operation and use of a service in the United Kingdom.

(7) For the purposes of this section a person is an “adult user” of a service if the person is an adult in the United Kingdom who—

(a) is a user of the service, or

(b) seeks to begin to use the service (for example by setting up an account).

(8) For the meaning of “Category 1 service”, see section 95 (register of categories of services).

65 OFCOM’s guidance about user identity verification

(1) OFCOM must produce guidance for providers of Category 1 services to assist them in complying with the duty set out in section 64(1).

(2) In producing the guidance (including revised or replacement guidance), OFCOM must have particular regard to the desirability of ensuring that providers of Category 1 services offer users a form of identity verification likely to be available to vulnerable adult users.

(3) Before producing the guidance (including revised or replacement guidance), OFCOM must consult—

(a) the Information Commissioner,

(b) persons whom OFCOM consider to have technological expertise relevant to the duty set out in section 64(1),

(c) persons who appear to OFCOM to represent the interests of vulnerable adult users of Category 1 services, and

(d) such other persons as OFCOM consider appropriate.

(4) OFCOM must publish the guidance (and any revised or replacement guidance).