Online Safety Act 2023

51 Duties and the first codes of practice

(1) A duty mentioned in subsection (3) applies to providers of Part 3 services from the day on which a code of practice prepared under section 41(3) that is the first code of practice relating to that duty comes into force.

(2) In the case of the duties set out in sections 10 and 27, subsection (1) is subject to subsections (5) and (6).

(3) The duties referred to in subsection (1) are the duties set out in—

(a) sections 10 and 27 (illegal content),

(b) sections 12 and 29 (children’s online safety),

(c) section 15 (user empowerment),

(d) section 17 (content of democratic importance),

(e) section 19 (journalistic content),

(f) sections 20 and 31 (content reporting), and

(g) sections 21 and 32 (complaints procedures).

(4) For the purposes of subsection (1) a code of practice is the first code of practice relating to a duty if—

(a) it describes measures recommended for the purpose of compliance with that duty, and

(b) it is the first code of practice prepared under section 41(3) that describes measures for that purpose.

(5) The duties set out in sections 10 and 27, so far as relating to terrorism content or offences within Schedule 5 (terrorism offences), apply to providers of Part 3 services from the day on which the first code of practice prepared under section 41(1) comes into force.

(6) The duties set out in sections 10 and 27, so far as relating to CSEA content or offences within Schedule 6 (child sexual exploitation and abuse offences), apply to providers of Part 3 services from the day on which the first code of practice prepared under section 41(2) comes into force.

(7) The duties set out in Chapter 5 (fraudulent advertising) apply to providers of a Category 1 service and providers of a Category 2A service (and to providers of a service which is both a Category 1 service and a Category 2A service) from the day on which the first code of practice prepared under section 41(4) comes into force.

(8) In relation to the provider of a particular Part 3 service, references in this section to duties applying to providers of Part 3 services (or to providers of Category 1 services or Category 2A services) are to such duties as apply in relation to that service in accordance with sections 7 and 24 or (as the case may be) Chapter 5.

(9) This section is subject to Part 2 of Schedule 17 (video-sharing platform services: transitional provision etc).