Online Safety Act 2023 (c. 50)

SCHEDULES

SCHEDULE 17 Video-sharing platform services: transitional provision etc

PART 1 Interpretation

1 (1) In this Schedule, “pre-existing Part 4B service” means—

(a) an internet service which—

(i) is a video-sharing platform service by reason of the conditions in section 368S(1) and (2) of the Communications Act being met in relation to the service as a whole, and

(ii) was being provided immediately before this Schedule comes into force; or

(b) a dissociable section of an internet service, where that dissociable section—

(i) is a video-sharing platform service by reason of the conditions in section 368S(1)(a) and (2) of the Communications Act being met in relation to that dissociable section, and

(ii) was being provided immediately before this Schedule comes into force.

(2) In sub-paragraph (1), any reference to a service provided before this Schedule comes into force includes a reference to a service provided in breach of the requirement in section 368V of the Communications Act.

2 In this Schedule—

• “the relevant day”, in relation to a pre-existing Part 4B service or to a service which includes a pre-existing Part 4B service, means—

  (a)

  the date when section 210 comes into force (repeal of Part 4B of the Communications Act), or

  (b)

  if the pre-existing Part 4B service ceases to be a video-sharing platform service before the date mentioned in paragraph (a), the date when that service ceases to be a video-sharing platform service;

• “safety duties” means the duties mentioned in section 7(2), (4) and (5), except the duties set out in—

  (a)

  section 9 (illegal content risk assessments),

  (b)

  section 11 (children’s risk assessments),

  (c)

  section 14 (assessments related to the adult user empowerment duty set out in section 15(2)), and

  (d)

  section 23(2), (9) and (10) (records of assessments);

• “the transitional period”, in relation to a pre-existing Part 4B service or to a service which includes a pre-existing Part 4B service, means the period—

  (a)

  beginning with the date when this Schedule comes into force, and

  (b)

  ending with the relevant day;

• “video-sharing platform service” has the same meaning as in Part 4B of the Communications Act (see section 368S of that Act).