The Online Safety Act 2023 (Commencement No. 2) Regulations 2023

Explanatory Note

(This note is not part of the Regulations)

These Regulations are the second commencement regulations under the Online Safety Act 2023 (c. 50) (“the 2023 Act”). They bring into force all provisions of the 2023 Act which have not otherwise been brought into force, except:

(a)

Section 18 (Duties to protect news publisher content)

(b)

Section 64 (User identity verification)

(c)

Section 66 (Requirement to report CSEA content to the NCA)

(d)

Section 69 (Offence in relation to CSEA reporting)

(e)

Section 71 (Duty not to act against users except in accordance with terms of service)

(f)

Section 72(2) to (9) and (12) (Further duties about terms of service)

(g)

Section 75 (Disclosure of information about use of service by deceased child users)

(h)

Section 81 (Duties about regulated provider pornographic content)

(i)

Part 10 and Schedule 14

(j)

Section 160 (OFCOM's report about reporting and complaints procedures)

(k)

Section 193(2)(b) (OFCOM’s guidance about illegal content judgements)

(l)

Section 210 (Repeal of Part 4B of the Communications Act)

Regulation 2 specifies the provisions of the 2023 Act which are to be brought into force on 10th January 2024

Regulation 3 specifies the provisions of the 2023 Act which are to be brought into force on 1st April 2024 - these provisions relate to information requests in connection with an investigation into the death of a child.

A full impact assessment has been published in relation the Act and copies can be obtained from the UK Parliament website at https://bills.parliament.uk/bills/3137 or from the Department for Science, Innovation and Technology at 100 Parliament Street, London, SW1A 2BQ, United Kingdom.