Online Safety Act 2023

213 Offence under the Obscene Publications Act 1959: OFCOM defence

(1) Section 2 of the Obscene Publications Act 1959 (prohibition of publication of obscene matter) is amended in accordance with subsections (2) and (3).

(2) After subsection (5) insert—

“(5A) A person shall not be convicted of an offence against this section of the publication of an obscene article if the person proves that—

(a) at the time of the offence charged, the person was a member of OFCOM, employed or engaged by OFCOM, or assisting OFCOM in the exercise of any of their online safety functions (within the meaning of section 235 of the Online Safety Act 2023), and

(b) the person published the article for the purposes of OFCOM’s exercise of any of those functions.”

(3) In subsection (7)—

(a) the words after “In this section” become paragraph (a), and

(b) at the end of that paragraph, insert “;

(b) “OFCOM” means the Office of Communications.”