PART 4Other duties of providers of regulated user-to-user services and regulated search services

CHAPTER 2Reporting child sexual exploitation and abuse content

I170Interpretation of this Chapter

1

This section applies for the purposes of this Chapter.

2

A provider of a regulated user-to-user service or a regulated search service is a “UK provider” of the service if the provider is—

a

an individual or individuals who are habitually resident in the United Kingdom, or

b

an entity incorporated or formed under the law of any part of the United Kingdom.

3

Otherwise, a provider of a regulated user-to-user service or a regulated search service is a “non-UK provider” of the service.

4

CSEA content is “detected” by a provider when the provider becomes aware of the content, whether by means of the provider’s systems or processes or as a result of another person alerting the provider.

5

CSEA content is “unreported”, in relation to a provider, if the reporting of that content is not covered by arrangements (mandatory or voluntary)—

a

by which the provider reports content relating to child sexual exploitation or abuse to a foreign agency, or

b

by which an entity that is a group undertaking in relation to the provider reports content relating to child sexual exploitation or abuse to—

i

the NCA, or

ii

a foreign agency.

6

CSEA content is “UK-linked” if a provider has evidence of a link between the content and the United Kingdom, based on any of the following—

a

the place where the content was published, generated, uploaded or shared;

b

the nationality of a person suspected of committing the related offence;

c

the location of a person suspected of committing the related offence;

d

the location of a child who is a suspected victim of the related offence.

For the purposes of paragraphs (b), (c) and (d) an offence is “related” to CSEA content if the content amounts to that offence (construed in accordance with section 59: see subsections (3), (11) and (12) of that section).

7

In this Chapter—

  • “CSEA content” has the same meaning as in Part 3 (see section 59);

  • “foreign agency” means a person exercising functions in a country outside the United Kingdom which correspond to the NCA’s functions insofar as they relate to receiving and disseminating reports about CSEA content;

  • “group undertaking” has the meaning given by section 1161(5) of the Companies Act 2006;

  • “NCA” means the National Crime Agency.

8

Sections 1161(5) and 1162 of, and Schedule 7 to, the Companies Act 2006—

a

are to apply in relation to an entity which is not an undertaking (as defined in section 1161(1) of that Act) as they apply in relation to an undertaking, and

b

are to be read with any necessary modifications if applied to an entity formed under the law of a country outside the United Kingdom.