Online Safety Act 2023

Section 4

SCHEDULE 2 User-to-user services and search services that include regulated provider pornographic content

1 A user-to-user service described in any of paragraphs 1 to 5 of Schedule 1—

(a) on which regulated provider pornographic content is published or displayed, and

(b) that has links with the United Kingdom.

2 (1) A user-to-user service within sub-paragraph (2) or (3).

(2) A user-to-user service is within this sub-paragraph if—

(a) the internal business service conditions are met in relation to a part of the service,

(b) no user-generated content is enabled by the rest of the service,

(c) regulated provider pornographic content is published or displayed on the rest of the service, and

(d) the service has links with the United Kingdom.

(3) A user-to-user service is within this sub-paragraph if—

(a) the internal business service conditions are met in relation to a part of the service,

(b) the only user-generated content enabled by the rest of the service is—

(i) content mentioned in paragraph 1, 2 or 3 of Schedule 1 and related identifying content, or

(ii) content arising in connection with any of the activities described in paragraph 4(1) of Schedule 1,

(c) regulated provider pornographic content is published or displayed on the rest of the service, and

(d) the service has links with the United Kingdom.

3 (1) A search service within sub-paragraph (2).

(2) A search service is within this sub-paragraph if—

(a) the internal business service conditions are met in relation to a part of the service that is a search engine,

(b) the service does not include a public search engine,

(c) regulated provider pornographic content is published or displayed on the rest of the service, and

(d) the service has links with the United Kingdom.

4 For the purposes of this Schedule, a service “has links with the United Kingdom” if it has links with the United Kingdom within the meaning of section 80(4).

5 In this Schedule—

• “the internal business service conditions” means the conditions in paragraph 7(2) of Schedule 1;

• “public search engine” means a search engine other than one in relation to which the internal business service conditions are met;

• “regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 79);

• “the rest of the service” means any part of the user-to-user service or search service other than the part in relation to which the internal business service conditions are met;

• “user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section).