Online Safety Act 2023

33 Duties about freedom of expression and privacy

(1) This section sets out the duties about freedom of expression and privacy which apply in relation to all regulated search services.

(2) When deciding on, and implementing, safety measures and policies, a duty to have particular regard to the importance of protecting the rights of users and interested persons to freedom of expression within the law.

(3) When deciding on, and implementing, safety measures and policies, a duty to have particular regard to the importance of protecting users from a breach of any statutory provision or rule of law concerning privacy that is relevant to the use or operation of a search service (including, but not limited to, any such provision or rule concerning the processing of personal data).

(4) In this section—

• “interested person” has the meaning given by section 227(7);

• “safety measures and policies” means measures and policies designed to secure compliance with any of the duties set out in—

  (a)

  section 27 (illegal content),

  (b)

  section 29 (children’s online safety),

  (c)

  section 31 (content reporting), or

  (d)

  section 32 (complaints procedures).