Online Safety Act 2023

185 Extra-territorial application and jurisdiction

(1) Sections 179(1), 181(1) and 183(1) apply to an act done outside the United Kingdom, but only if the act is done by a person within subsection (2).

(2) A person is within this subsection if the person is—

(a) an individual who is habitually resident in England and Wales or Northern Ireland, or

(b) a body incorporated or constituted under the law of England and Wales or Northern Ireland.

(3) Section 184(1) applies to an act done outside the United Kingdom, but only if the act is done by a person within subsection (4).

(4) A person is within this subsection if the person is—

(a) an individual who is habitually resident in the United Kingdom, or

(b) a body incorporated or constituted under the law of any part of the United Kingdom.

(5) Proceedings for an offence committed under section 179, 181 or 183(1) outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, at any place in England and Wales or Northern Ireland.

(6) Proceedings for an offence committed under section 184 outside the United Kingdom may be taken, and the offence may for incidental purposes be treated as having been committed, at any place in the United Kingdom.

(7) In the application of subsection (6) to Scotland, any such proceedings against a person may be taken, and the offence may for incidental purposes be treated as having been committed—

(a) in any sheriff court district in which the person is apprehended or is in custody, or

(b) in such sheriff court district as the Lord Advocate may determine.

(8) In subsection (7) “sheriff court district” is to be construed in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).