SCHEDULES

SCHEDULE 17Video-sharing platform services: transitional provision etc

PART 2During the transitional period

I1I23Pre-existing Part 4B services which are regulated user-to-user services

1

This paragraph applies in relation to a pre-existing Part 4B service which—

a

is within the definition in paragraph (a) of paragraph 1(1), and

b

is also a regulated user-to-user service.

2

Both this Act and Part 4B of the Communications Act apply in relation to the pre-existing Part 4B service during the transitional period.

3

But that is subject to—

a

sub-paragraph (4),

b

sub-paragraph (5), and

c

paragraph 4.

4

The following duties and requirements under this Act do not apply during the transitional period in relation to the pre-existing Part 4B service—

a

the safety duties;

b

the duties set out in section 38 (fraudulent advertising);

c

the duties set out in section 64 (user identity verification);

d

the requirements under section 66(1) and (2) (reporting CSEA content to the NCA);

e

the duties set out in sections 71 and 72 (terms of service);

f

the duties set out in section 75 (deceased child users);

g

the duty on OFCOM to give a notice under section 77(1) requiring information in a transparency report;

h

the requirements to produce transparency reports under section 77(3) and (4).

5

OFCOM’s powers under Schedule 12 to this Act (powers of entry, inspection and audit) do not apply during the transitional period in relation to the pre-existing Part 4B service.

6

In sub-paragraph (2) the reference to this Act does not include a reference to Part 6 (fees); for the application of Part 6, see Part 3 of this Schedule.