Online Safety Act 2023

80 Scope of duties about regulated provider pornographic content U.K.

(1) A provider of an internet service within subsection (2) must comply with the duties set out in section 81 in relation to the service.

(2) An internet service is within this subsection if—

(a) regulated provider pornographic content is published or displayed on the service,

(b) the service is not exempt, and

(c) the service has links with the United Kingdom.

(3) A service is “exempt” for the purposes of this Part if it is —

(a) a user-to-user service or a search service of a description that is exempt as provided for by Schedule 1, or

(b) an internet service of a kind described in Schedule 9.

(4) A service “has links with the United Kingdom” for the purposes of this Part if either of the following conditions is met in relation to the service—

(a) the service has a significant number of United Kingdom users, or

(b) United Kingdom users form one of the target markets for the service (or the only target market).

(5) This Part does not apply in relation to a part of a regulated service if—

(a) in the case of a Part 3 service, the conditions in paragraph 7(2) of Schedule 1 (internal business service conditions) are met in relation to that part;

(b) in the case of an internet service other than a Part 3 service, the conditions in paragraph 1(2) of Schedule 9 (internal business service conditions) are met in relation to that part.

(6) This Part does not apply in relation to a part of a regulated service if that part is an on-demand programme service within the meaning of section 368A of the Communications Act.

(7) If a person is the provider of more than one internet service within subsection (2), the duties set out in section 81 apply in relation to each such service.

(8) The duties set out in section 81 extend only to the design, operation and use of an internet service in the United Kingdom.

Commencement Information

I1 S. 80(4) in force at Royal Assent, see s. 240(4)(l)

I2 S. 80(1)-(3)(5)-(8) in force at 10.1.2024 by S.I. 2023/1420, reg. 2(y)