PART 3Providers of regulated user-to-user services and regulated search services: duties of care

CHAPTER 6Codes of practice and guidance

Codes of practice

I1I250Effects of codes of practice

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—

    1. a

      Chapter 4 of Part 7 (information),

    2. b

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

    3. c

      Chapter 6 of Part 7 (enforcement), and

    4. d

      Chapter 2 of Part 8 (super-complaints).