Online Safety Act 2023

PART 3 U.K. Further provision and interpretation

37 U.K. When determining which information to require in a notice under section 77(1) in relation to a particular service, OFCOM must take into account—

(a) the kind of service it is;

(b) the functionalities of the service;

(c) the number of users of the service;

(d) the capacity of the provider;

(e) the duties set out in Chapter 2 or 3 of Part 3 or Chapters 1 to 4 of Part 4 that apply in relation to the service;

(f) the proportion of users of the service who are children.

Commencement Information

I1 Sch. 8 para. 37 not in force at Royal Assent, see s. 240(1)

I2 Sch. 8 para. 37 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(x)

38 U.K. The Secretary of State may by regulations—

(a) amend Part 1 or Part 2 of this Schedule so as to add further matters about which information may be required, or to vary or omit matters about which information may be required, and

(b) amend paragraph 37 in connection with any such amendment.

Commencement Information

I3 Sch. 8 para. 38 not in force at Royal Assent, see s. 240(1)

I4 Sch. 8 para. 38 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(x)

39 U.K. The Secretary of State must consult OFCOM before making regulations under paragraph 38.

Commencement Information

I5 Sch. 8 para. 39 not in force at Royal Assent, see s. 240(1)

I6 Sch. 8 para. 39 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(x)

40 U.K. In the application of Part 2 of this Schedule to a combined service, references to statements of policies and procedures include references to provisions of the terms of service which relate to the search engine.

Commencement Information

I7 Sch. 8 para. 40 not in force at Royal Assent, see s. 240(1)

I8 Sch. 8 para. 40 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(x)

41 (1) For the purposes of this Schedule, content of a particular kind is “relevant content” if— U.K.

(a) a term of service, other than a term of service within sub-paragraph (2), indicates (in whatever words) that the presence of content of that kind is prohibited on the service or that users’ access to content of that kind is restricted, and

(b) it is regulated user-generated content.

(2) The terms of service within this sub-paragraph are as follows—

(a) terms of service which make provision of the kind mentioned in section 10(5) (protecting individuals from illegal content) or 12(9) (protecting children from content that is harmful to children);

(b) terms of service which deal with the treatment of consumer content.

(3) References in this Schedule to relevant content are to content that is relevant content in relation to the service in question.

(4) The reference in sub-paragraph (1) to users’ access to content being restricted is to be construed in accordance with sections 58 and 236(6).

Commencement Information

I9 Sch. 8 para. 41 not in force at Royal Assent, see s. 240(1)

I10 Sch. 8 para. 41 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(x)

42 U.K. In this Schedule—

• “consumer content” has the same meaning as in Chapter 3 of Part 4 (see section 74(3));

• “content that is harmful to children” has the same meaning as in Part 3 (see section 60);

• “illegal content” has the same meaning as in Part 3 (see section 59);

• “illegal search content” means search content that is illegal content;

• “regulated user-generated content” has the same meaning as in Part 3 (see section 55), and references to such content are to content that is regulated user-generated content in relation to the service in question;

• “search content” has the same meaning as in Part 3 (see section 57);

• “users” means United Kingdom users (see section 227), except in paragraphs 16(a) and 32(a) where “users” means individuals in the United Kingdom who are users of a service.

Commencement Information

I11 Sch. 8 para. 42 not in force at Royal Assent, see s. 240(1)

I12 Sch. 8 para. 42 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(x)