Online Safety Act 2023

131 Requirements enforceable by OFCOM against providers of regulated services U.K.

(1) References in this Chapter to “enforceable requirements” are to—

(a) the duties or requirements set out in the provisions of this Act specified in the table in subsection (2), and

(b) the requirements mentioned in subsection (3).

(2) Here is the table—

Provision	Subject matter
Section 9	Illegal content risk assessments
Section 10	Illegal content
Section 11	Children’s risk assessments
Section 12	Children’s online safety
Section 14	Assessments related to duty in section 15(2)
Section 15	User empowerment
Section 17	Content of democratic importance
Section 18	News publisher content
Section 19	Journalistic content
Section 20	Content reporting
Section 21	Complaints procedures
Section 22	Freedom of expression and privacy
Section 23	Record-keeping and review
Section 26	Illegal content risk assessments
Section 27	Illegal content
Section 28	Children’s risk assessments
Section 29	Children’s online safety
Section 31	Content reporting
Section 32	Complaints procedures
Section 33	Freedom of expression and privacy
Section 34	Record-keeping and review
Section 36	Children’s access assessments
Section 38	Fraudulent advertising
Section 39	Fraudulent advertising
Section 64	User identity verification
Section 66	Reporting CSEA content to NCA
Section 71	Acting against users only in accordance with terms of service
Section 72	Terms of service
Section 75	Information about use of service by deceased child users
Section 77(3) and (4)	Transparency reports
Section 81	Provider pornographic content
Section 83	Fees: notification of OFCOM
Section 102(8)	Information notices
Section 104(7)	Assistance to skilled person
Section 105(1)	Co-operation with investigation

(3) The requirements referred to in subsection (1)(b) are—

(a) requirements of a notice under section 104(5)(a) to appoint a skilled person;

(b) requirements of a notice given by virtue of section 175(3) (duty to make public statement);

(c) requirements of a notice under section 175(5) (information in connection with circumstances presenting a threat);

(d) requirements imposed by a person acting—

(i) in the exercise of powers conferred by paragraph 2 of Schedule 12 (entry and inspection without warrant), or

(ii) in the execution of a warrant issued under paragraph 5 of that Schedule.

Commencement Information

I1 S. 131 not in force at Royal Assent, see s. 240(1)

I2 S. 131 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z17)