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.
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.