Online Safety Act 2023

50 Effects of codes of practice U.K.

(1) A failure by a provider of a Part 3 service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings in a court or tribunal.

(2) A code of practice is admissible in evidence in legal proceedings.

(3) In any proceedings in a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining a question arising in the proceedings if—

(a) the question relates to a time when the provision was in force, and

(b) the provision appears to the court or tribunal to be relevant to the question.

(4) OFCOM must take into account a provision of a code of practice in determining a question arising in connection with their exercise of any relevant function if—

(a) the question relates to a time when the provision was in force, and

(b) the provision appears to OFCOM to be relevant to the question.

(5) In this section—

• “code of practice” means a code of practice published under section 46;

• “relevant functions” means OFCOM’s functions under—

  (a)

  Chapter 4 of Part 7 (information),

  (b)

  Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content),

  (c)

  Chapter 6 of Part 7 (enforcement), and

  (d)

  Chapter 2 of Part 8 (super-complaints).

Commencement Information

I1 S. 50 not in force at Royal Assent, see s. 240(1)

I2 S. 50 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(n)