| Guvnor

Enforced by: Ofcom, BBFC
Status: Amended (in force with amendments)
Penalty ceiling: Imprisonment 18 of 125 obligations carry an unlimited fine. 26 carry different penalties and 81 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person78 Director or Officer6 Data Controller1

Plus 40 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts

Human Medicines Regulations 2012 184 duties

Merchant Shipping Act 1995 144 duties

Insolvency (England and Wales) Rules 2016 104 duties

Communications Act 2003 92 duties

Road Traffic Act 1988 92 duties

Director or Officer — also bound by 429 other Acts

Insolvency (England and Wales) Rules 2016 162 duties

Companies Act 2006 126 duties

Insolvency Act 1986 77 duties

The Large and Medium-sized Companies and Groups (Accounts and Reports) Regulations 2008 68 duties

Building Societies Act 1986 32 duties

Data Controller — also bound by 35 other Acts

UK GDPR (retained EU law) 127 duties

The Town and Country Planning (Entertainment Resort Complex, Bedford) Special Development (No. 2) Order 2025 50 duties

Data Protection Act 2018 46 duties

Regulation (EU) 2018/1139 (EASA Basic Regulation) 6 duties

Privacy and Electronic Communications Regulations 2003 5 duties

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introduction

0 of 2 sections shown

2 other sections in this Part — procedural and definitional

s.001 Introduction

s.002 Overview of Act

Part 2

Key definitions

0 of 3 sections shown

3 other sections in this Part — procedural and definitional

s.003 “User-to-user service” and “search service”

s.004 “Regulated service”, “Part 3 service” etc

s.005 Disapplication of Act to certain parts of services

Part 3

Providers of regulated user-to-user services and regulated search services: duties of care

19 of 58 sections shown

s.007 Providers of user-to-user services: duties of care Regulated

Assess and mitigate risks for user-to-user online servicesAny Person

s.009 Illegal content risk assessment duties Regulated

Carry out and maintain illegal content risk assessmentsAny Person

s.010 Safety duties about illegal content Regulated

Prevent and remove illegal content on your online serviceAny Person

s.011 Children’s risk assessment duties Regulated

Assess and report risks to children on your online serviceAny Person

s.012 Safety duties protecting children Regulated

Protect children from harmful online content and update terms of serviceAny Person

s.014 Assessment duties: user empowerment Regulated

Assess user empowerment for Category 1 online servicesAny Person

s.015 User empowerment duties Regulated

Provide adult user empowerment and content control featuresAny Person

s.024 Providers of search services: duties of care Regulated

Comply with search service duties of careAny Person

s.026 Illegal content risk assessment duties Regulated

Assess illegal content risks for your search serviceAny Person

s.028 Children’s risk assessment duties Regulated

Carry out and maintain children’s risk assessments for search servicesAny Person

s.029 Safety duties protecting children Prosecution

Protect children from harmful content in search servicesAny Person

Fine up to £18,000,000

s.036 Duties about children’s access assessments Regulated

Assess if children are likely to access your online serviceAny Person

s.040 Fraud etc offences Prosecution

Commit fraud or related financial offencesAny Person

Unlimited fine

s.041 Codes of practice about duties Regulated

Other duties (1) — Crown / regulator

Ofcom must issue codes of practice for online safety dutiesStatutory regulator

s.046 Publication of codes of practice Regulated

Other duties (1) — Crown / regulator

Ofcom must publish and update Online Safety codes of practiceStatutory regulator

s.050 Effects of codes of practice Regulated

Other duties (1) — Crown / regulator

Ofcom and courts must consider codes of practice in legal proceedingsStatutory regulator

s.052 OFCOM’s guidance about certain duties in Part 3 Regulated

Other duties (1) — Crown / regulator

Ofcom must provide guidance on user empowerment and content dutiesStatutory regulator

s.053 OFCOM’s guidance: content that is harmful to children and user empowerment Regulated

Other duties (1) — Crown / regulator

OFCOM must publish guidance on content harmful to childrenStatutory regulator

s.063 Content harmful to children: OFCOM’s review and report Regulated

Other duties (1) — Crown / regulator

Ofcom must review and report on content harmful to childrenStatutory regulator

39 other sections in this Part — procedural and definitional

s.006 Overview of Part 3

s.008 Scope of duties of care

s.013 Safety duties protecting children: interpretation

s.016 User empowerment duties: interpretation

s.017 Duties to protect content of democratic importance

s.018 Duties to protect news publisher content

s.019 Duties to protect journalistic content

s.020 Duty about content reporting

s.021 Duties about complaints procedures

s.022 Duties about freedom of expression and privacy

s.023 Record-keeping and review duties

s.025 Scope of duties of care

s.027 Safety duties about illegal content

s.030 Safety duties protecting children: interpretation

s.031 Duty about content reporting

s.032 Duties about complaints procedures

s.033 Duties about freedom of expression and privacy

s.034 Record-keeping and review duties

s.035 Children’s access assessments

s.037 Meaning of “likely to be accessed by children”

s.038 Duties about fraudulent advertising: Category 1 services

s.039 Duties about fraudulent advertising: Category 2A services

s.042 Codes of practice: principles, objectives, content

s.043 Procedure for issuing codes of practice

s.044 Secretary of State’s powers of direction

s.045 Procedure for issuing codes of practice following direction under section 44

s.047 Review of codes of practice

s.048 Minor amendments of codes of practice

s.049 Relationship between duties and codes of practice

s.051 Duties and the first codes of practice

s.054 OFCOM’s guidance about protecting women and girls

s.055 “Regulated user-generated content”, “user-generated content”, “news publisher content”

s.056 “Recognised news publisher”

s.057 “Search content”, “search results” etc

s.058 Restricting users’ access to content

s.059 “Illegal content” etc

s.060 “Content that is harmful to children”

s.061 “Primary priority content that is harmful to children”

s.062 “Priority content that is harmful to children”

Part 4

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

8 of 15 sections shown

s.065 OFCOM’s guidance about user identity verification Regulated

Other duties (1) — Crown / regulator

Ofcom must provide guidance on user identity verificationStatutory regulator

s.066 Requirement to report CSEA content to the NCA Imprisonment

Report Child Sexual Exploitation and Abuse (CSEA) content to the NCAAny Person

s.071 Duty not to act against users except in accordance with terms of service Regulated

Only moderate or ban users in line with your published terms of serviceAny Person

s.072 Further duties about terms of service Regulated

Maintain transparent terms of service and complaint proceduresAny Person

s.073 OFCOM’s guidance about duties set out in sections 71 and 72 Regulated

Other duties (1) — Crown / regulator

Ofcom must provide guidance for Category 1 online service providersStatutory regulator

s.075 Disclosure of information about use of service by deceased child users Regulated

Establish procedures for deceased child users' data requestsAny Person

s.077 Transparency reports about certain Part 3 services Regulated

Produce and publish annual online safety transparency reportsAny Person

s.078 OFCOM’s guidance about transparency reports Regulated

Other duties (1) — Crown / regulator

Ofcom must publish guidance on transparency reporting requirementsStatutory regulator

7 other sections in this Part — procedural and definitional

s.064 User identity verification

s.067 Regulations about reports to the NCA

s.068 NCA: information sharing

s.069 Offence in relation to CSEA reporting

s.070 Interpretation of this Chapter

s.074 Interpretation of this Chapter

s.076 OFCOM’s guidance about duties set out in section 75

Part 5

Duties of providers of regulated services: certain pornographic content

3 of 4 sections shown

s.080 Scope of duties about regulated provider pornographic content Regulated

Protect UK users from pornographic content on your internet serviceAny Person

s.081 Duties about regulated provider pornographic content Regulated

Use effective age verification for pornographic contentAny Person

s.082 OFCOM’s guidance about duties set out in section 81 Regulated

Other duties (1) — Crown / regulator

Ofcom must provide guidance on age verification for pornographic contentStatutory regulator

1 other section in this Part — procedural and definitional

s.079 “Provider pornographic content” and “regulated provider pornographic content”

Part 6

Duties of providers of regulated services: fees

1 of 8 sections shown

s.087 Secretary of State’s guidance about fees Regulated

Other duties (1) — Crown / regulator

Secretary of State must issue and publish guidance on Ofcom feesCrown / Minister / Government department

7 other sections in this Part — procedural and definitional

s.083 Duty to notify OFCOM

s.084 Duty to pay fees

s.085 Regulations by OFCOM about qualifying worldwide revenue etc

s.086 Threshold figure

s.088 OFCOM’s fees statements

s.089 Recovery of OFCOM’s initial costs

s.090 Meaning of “charging year” and “initial charging year”

Part 7

OFCOM's powers and duties in relation to regulated services

73 of 77 sections shown

s.095 Register of categories of certain Part 3 services Regulated

Other duties (1) — Crown / regulator

Ofcom must establish and publish a register of high-risk online servicesStatutory regulator

s.096 Duty to maintain register Regulated

Other duties (1) — Crown / regulator

Ofcom must maintain and update the register of regulated online servicesStatutory regulator

s.097 List of emerging Category 1 services Regulated

Other duties (1) — Crown / regulator

Ofcom must identify and list 'emerging' Category 1 servicesStatutory regulator

s.098 OFCOM’s register of risks, and risk profiles, of Part 3 services Regulated

Other duties (1) — Crown / regulator

Ofcom must maintain a register of risks and risk profiles for online servicesStatutory regulator

s.099 OFCOM’s guidance about risk assessments Regulated

Other duties (1) — Crown / regulator

Ofcom must provide guidance on carrying out risk assessmentsStatutory regulator

s.100 Power to require information

amended 9 times (opens in a new tab)

s.101 Information in connection with an investigation into the death of a child

amended 6 times (opens in a new tab)

s.102 Information notices

amended 12 times (opens in a new tab)

s.103 Requirement to name a senior manager Regulated

Name a senior manager in response to an Ofcom information noticeAny Person

amended 2 times (opens in a new tab)

s.104 Reports by skilled persons Regulated

Cooperate with and pay for 'skilled person' reportsAny Person

amended 7 times (opens in a new tab)

s.105 Investigations Regulated

Cooperate fully with Ofcom investigationsAny Person

amended 2 times (opens in a new tab)

s.106 Power to require interviews

amended 2 times (opens in a new tab)

s.107 Powers of entry, inspection and audit

amended 2 times (opens in a new tab)

s.108 Amendment of Criminal Justice and Police Act 2001

amended 2 times (opens in a new tab)

s.109 Offences in connection with information notices Imprisonment

Fail to comply with an information noticeAny Person
Fail to comply with information notice or provide false/encrypted informationAny Person

2 years imprisonment · amended 5 times (opens in a new tab)

s.110 Senior managers’ liability: information offences Regulated

Senior manager failing to prevent information offenceAny Person

amended 4 times (opens in a new tab)

s.111 Offences in connection with notices under Schedule 12 Regulated

Fail to comply with audit noticeAny Person
Fail to comply with Ofcom audit notice or supply false informationAny Person

amended 2 times (opens in a new tab)

s.112 Other information offences Regulated

Obstruct, fail to comply or give false information to regulatorAny Person
Obstruct or fail to comply with Ofcom information powersAny Person

amended 2 times (opens in a new tab)

s.113 Penalties for information offences Imprisonment

Commit an information offence under the Online Safety ActAny Person
Fail to comply with Ofcom information requirements (serious offences)Any Person

2 years imprisonment · amended 4 times (opens in a new tab)

s.114 Co-operation and disclosure of information: overseas regulators

amended 5 times (opens in a new tab)

s.115 Disclosure of information

amended 1 time (opens in a new tab)

s.116 Intelligence service information Regulated

Other duties (1) — Crown / regulator

Ofcom must protect intelligence service information from disclosureStatutory regulator

amended 1 time (opens in a new tab)

s.117 Provision of information to the Secretary of State

amended 1 time (opens in a new tab)

s.118 Amendment of Enterprise Act 2002

amended 2 times (opens in a new tab)

s.119 Information for users of regulated services

amended 2 times (opens in a new tab)

s.120 Admissibility of statements

amended 4 times (opens in a new tab)

s.121 Notices to deal with terrorism content or CSEA content (or both)

amended 2 times (opens in a new tab)

s.122 Requirement to obtain skilled person’s report

amended 2 times (opens in a new tab)

s.123 Warning notices Regulated

Other duties (1) — Crown / regulator

Ofcom must issue a warning notice before ordering content technology useStatutory regulator

amended 2 times (opens in a new tab)

s.124 Matters relevant to a decision to give a notice under section 121 (1)

amended 2 times (opens in a new tab)

s.125 Notices under section 121 (1) : supplementary Regulated

Other duties (1) — Crown / regulator

Ofcom must include required content in technology notices under section 121Statutory regulator

amended 2 times (opens in a new tab)

s.126 Review and further notice under section 121 (1)

amended 2 times (opens in a new tab)

s.127 OFCOM’s guidance about functions under this Chapter Regulated

Other duties (1) — Crown / regulator

Ofcom must provide guidance on its Online Safety Act functionsStatutory regulator

amended 3 times (opens in a new tab)

s.128 OFCOM’s annual report Regulated

Other duties (1) — Crown / regulator

Ofcom must publish annual reports on online safety functions and technologyStatutory regulator

amended 2 times (opens in a new tab)

s.129 Interpretation of this Chapter

amended 1 time (opens in a new tab)

s.130 Provisional notice of contravention

amended 2 times (opens in a new tab)

s.131 Requirements enforceable by OFCOM against providers of regulated services

amended 2 times (opens in a new tab)

s.132 Confirmation decisions

amended 2 times (opens in a new tab)

s.133 Confirmation decisions: requirements to take steps

amended 6 times (opens in a new tab)

s.134 Confirmation decisions: risk assessments

amended 2 times (opens in a new tab)

s.135 Confirmation decisions: children’s access assessments

amended 2 times (opens in a new tab)

s.136 Confirmation decisions: proactive technology

amended 6 times (opens in a new tab)

s.137 Confirmation decisions: penalties

amended 2 times (opens in a new tab)

s.138 Confirmation decisions: offences

amended 9 times (opens in a new tab)

s.139 Penalty for failure to comply with confirmation decision Prosecution

Fail to comply with Ofcom confirmation decisionAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.140 Penalty for failure to comply with notice under section 121 (1) Prosecution

Fail to comply with Ofcom notice on terrorism or child sexual abuse contentAny Person
Fail to comply with OFCOM notice under the Online Safety ActAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.141 Non-payment of fee

amended 2 times (opens in a new tab)

s.142 Information to be included in notices under sections 140 and 141 Regulated

Other duties (1) — Crown / regulator

Ofcom must provide detailed reasons and rights when proposing or issuing finesStatutory regulator

amended 2 times (opens in a new tab)

s.143 Amount of penalties etc Prosecution

Breach of online safety or information dutiesAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.144 Service restriction orders

amended 2 times (opens in a new tab)

s.145 Interim service restriction orders

amended 2 times (opens in a new tab)

s.146 Access restriction orders

amended 2 times (opens in a new tab)

s.147 Interim access restriction orders

amended 2 times (opens in a new tab)

s.148 Interaction with other action by OFCOM Regulated

Fail to comply with OFCOM enforcement action (business disruption order context)Any Person

amended 2 times (opens in a new tab)

s.149 Publication by OFCOM of details of enforcement action Regulated

Other duties (1) — Crown / regulator

Ofcom must publish details of enforcement actions taken against businessesStatutory regulator

amended 2 times (opens in a new tab)

s.150 Publication by providers of details of enforcement action Regulated

Fail to comply with an enforcement publication noticeAny Person

amended 2 times (opens in a new tab)

s.151 OFCOM’s guidance about enforcement action Regulated

Other duties (1) — Crown / regulator

Ofcom must publish guidance on online safety enforcementStatutory regulator

amended 2 times (opens in a new tab)

s.152 Advisory committee on disinformation and misinformation Regulated

Other duties (1) — Crown / regulator

Ofcom must establish an advisory committee on disinformationStatutory regulator

amended 2 times (opens in a new tab)

s.153 Functions of the Content Board

amended 2 times (opens in a new tab)

s.154 Research about users’ experiences of regulated services

amended 2 times (opens in a new tab)

s.154 Information for research about online safety matters

amended 2 times

s.155 Consumer consultation

amended 2 times (opens in a new tab)

s.156 OFCOM’s statement about freedom of expression and privacy Regulated

Other duties (1) — Crown / regulator

Ofcom must report on freedom of expression and privacy protectionsStatutory regulator

amended 2 times (opens in a new tab)

s.157 OFCOM’s reports about use of age assurance

amended 3 times (opens in a new tab)

s.158 OFCOM’s reports about news publisher content and journalistic content

amended 2 times (opens in a new tab)

s.159 OFCOM’s transparency reports Regulated

Other duties (1) — Crown / regulator

Ofcom must publish annual transparency reports on online safetyStatutory regulator

amended 2 times (opens in a new tab)

s.160 OFCOM’s report about reporting and complaints procedures Regulated

Other duties (1) — Crown / regulator

OFCOM must report on online providers' reporting and complaints proceduresStatutory regulator

amended 2 times (opens in a new tab)

s.161 OFCOM’s report about use of app stores by children Regulated

Other duties (1) — Crown / regulator

Ofcom must report on children's safety and age assurance in app storesStatutory regulator

amended 2 times (opens in a new tab)

s.162 OFCOM’s report about researchers’ access to information

amended 2 times (opens in a new tab)

s.163 OFCOM’s report in connection with investigation into a death Regulated

Other duties (1) — Crown / regulator

Ofcom may report on platform safety following a death investigationStatutory regulator

amended 2 times (opens in a new tab)

s.164 OFCOM’s reports

amended 2 times (opens in a new tab)

s.165 Media literacy

amended 2 times (opens in a new tab)

s.166 Media literacy strategy and media literacy statement

amended 2 times (opens in a new tab)

4 other sections in this Part — procedural and definitional

s.091 General duties of OFCOM under section 3 of the Communications Act

s.092 Duties in relation to strategic priorities

s.093 Duty to carry out impact assessments

s.094 Meaning of threshold conditions etc

Part 8

Appeals and super-complaints

5 of 5 sections shown

s.167 Appeals against OFCOM decisions relating to the register under section 95

amended 2 times (opens in a new tab)

s.168 Appeals against OFCOM notices

amended 2 times (opens in a new tab)

s.169 Power to make super-complaints

amended 1 time (opens in a new tab)

s.170 Procedure for super-complaints Regulated

Other duties (1) — Crown / regulator

Secretary of State must set out super-complaint proceduresCrown / Minister / Government department

amended 1 time (opens in a new tab)

s.171 OFCOM’s guidance about super-complaints Regulated

Other duties (1) — Crown / regulator

Ofcom must provide guidance on the super-complaints processStatutory regulator

amended 2 times (opens in a new tab)

Part 9

Secretary of State's functions in relation to regulated services

7 of 7 sections shown

s.172 Statement of strategic priorities

amended 2 times (opens in a new tab)

s.173 Consultation and parliamentary procedure

amended 2 times (opens in a new tab)

s.174 Directions about advisory committees

amended 2 times (opens in a new tab)

s.175 Directions in special circumstances

amended 2 times (opens in a new tab)

s.176 Secretary of State’s guidance

amended 2 times (opens in a new tab)

s.177 Annual report on the Secretary of State’s functions

amended 2 times (opens in a new tab)

s.178 Review

amended 2 times (opens in a new tab)

Part 10

Communications offences

13 of 13 sections shown

s.179 False communications offence Imprisonment

Send a false communication causing harmAny Person
Send false online message intending harmAny Person

51 weeks imprisonment · amended 2 times (opens in a new tab)

s.180 Exemptions from offence under section 179

amended 2 times (opens in a new tab)

s.181 Threatening communications offence Imprisonment

Send threatening communicationsAny Person
Send threatening message (death or serious harm)Any Person

5 years imprisonment · amended 2 times (opens in a new tab)

s.182 Interpretation of sections 179 to 181

amended 2 times (opens in a new tab)

s.183 Offences of sending or showing flashing images electronically Imprisonment

Send or display flashing images that could cause seizuresAny Person
Send or show flashing images to harm someone with epilepsyAny Person

5 years imprisonment · amended 2 times (opens in a new tab)

s.184 Offence of encouraging or assisting serious self-harm Imprisonment

Encourage or assist serious self-harmAny Person

5 years imprisonment · amended 2 times (opens in a new tab)

s.185 Extra-territorial application and jurisdiction

amended 2 times (opens in a new tab)

s.186 Liability of corporate officers Regulated

Corporate officer liability for online safety offencesDirector or Officer
Officer liable for corporate online‑safety offencesDirector or Officer

amended 2 times (opens in a new tab)

s.187 Sending etc photograph or film of genitals Prosecution

Send intimate genital image causing alarm or for sexual gratificationAny Person
Send non-consensual explicit images or videosAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.188 Sharing or threatening to share intimate photograph or film Imprisonment

Share or threaten to share intimate images without consentAny Person

2 years imprisonment · amended 2 times (opens in a new tab)

s.189 Repeals in connection with offences under sections 179 and 181

amended 2 times (opens in a new tab)

s.190 Repeals in connection with offences under section 188

amended 2 times (opens in a new tab)

s.191 Consequential amendments

amended 2 times (opens in a new tab)

Part 11

Supplementary and general

37 of 37 sections shown

s.192 Providers’ judgements about the status of content

amended 2 times (opens in a new tab)

s.193 OFCOM’s guidance about illegal content judgements Regulated

Other duties (1) — Crown / regulator

Ofcom must provide guidance on identifying illegal contentStatutory regulator

amended 4 times (opens in a new tab)

s.194 Time for publishing first guidance under certain provisions of this Act Regulated

Other duties (1) — Crown / regulator

Ofcom must publish first online safety guidance within 18 monthsStatutory regulator

amended 1 time (opens in a new tab)

s.195 Providers that are not legal persons Prosecution

Liability for online safety fines for non-corporate providersAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.196 Individuals providing regulated services: liability Prosecution

Joint personal liability for online safety breachesAny Person

Unlimited fine · amended 2 times (opens in a new tab)

s.197 Liability of parent entities etc

amended 2 times (opens in a new tab)

s.198 Former providers of regulated services

amended 2 times (opens in a new tab)

s.199 Information offences: supplementary

amended 4 times (opens in a new tab)

s.200 Offence of failure to comply with confirmation decision: supplementary Imprisonment

Fail to comply with an Ofcom confirmation decisionAny Person

2 years imprisonment · amended 4 times (opens in a new tab)

s.201 Defences

amended 4 times (opens in a new tab)

s.202 Liability of corporate officers for offences Prosecution

Corporate officers liable for company's Online Safety Act offencesDirector or Officer
Personal liability for directors and officers for company safety breachesDirector or Officer

Unlimited fine · amended 4 times (opens in a new tab)

s.203 Application of offences to providers that are not legal persons Imprisonment

Liability for unincorporated providers and their officersDirector or Officer

2 years imprisonment · amended 4 times (opens in a new tab)

s.204 Extra-territorial application

amended 1 time (opens in a new tab)

s.205 Offences: extra-territorial application and jurisdiction Imprisonment

Violate online safety laws from outside the UKDirector or Officer

2 years imprisonment · amended 4 times (opens in a new tab)

s.206 Payment of sums into the Consolidated Fund

amended 2 times (opens in a new tab)

s.207 Publication by OFCOM Regulated

Other duties (1) — Crown / regulator

Ofcom must publish information in a way that reaches affected partiesStatutory regulator

amended 1 time (opens in a new tab)

s.208 Service of notices

amended 2 times (opens in a new tab)

s.209 Amendments of Part 4B of the Communications Act

amended 3 times (opens in a new tab)

s.210 Repeal of Part 4B of the Communications Act

amended 2 times (opens in a new tab)

s.211 Repeal of Part 4B of the Communications Act: transitional provision etc

amended 2 times (opens in a new tab)

s.212 Repeals: Digital Economy Act 2017

amended 1 time (opens in a new tab)

s.213 Offence under the Obscene Publications Act 1959: OFCOM defence

amended 2 times (opens in a new tab)

s.214 Offences regarding indecent photographs of children: OFCOM defence

amended 1 time (opens in a new tab)

s.214 Power to require providers of internet services to prevent or restrict access by children to internet services

amended 1 time

s.215 Power to regulate app stores

amended 3 times (opens in a new tab)

s.216 Power to regulate app stores: supplementary

amended 2 times (opens in a new tab)

s.216 Power to amend Act in relation to illegal AI-generated content etc

amended 2 times

s.217 Power to impose duty about alternative dispute resolution procedure

amended 4 times (opens in a new tab)

s.217 Power to impose duties about pornographic content

amended 4 times

s.218 Power to amend section 40

amended 3 times (opens in a new tab)

s.219 Powers to amend sections 61 and 62

amended 1 time (opens in a new tab)

s.220 Powers to amend or repeal provisions relating to exempt content or services

amended 2 times (opens in a new tab)

s.221 Powers to amend Part 2 of Schedule 1

amended 1 time (opens in a new tab)

s.222 Powers to amend Schedules 5, 6 and 7

amended 2 times (opens in a new tab)

s.223 Power to make consequential provision

amended 1 time (opens in a new tab)

s.224 Regulations: general

amended 1 time (opens in a new tab)

s.225 Parliamentary procedure for regulations

amended 6 times (opens in a new tab)

Part 12

Interpretation and final provisions

16 of 16 sections shown

s.226 “Provider” of internet service

amended 2 times (opens in a new tab)

s.227 “User”, “United Kingdom user” and “interested person”

amended 1 time (opens in a new tab)

s.228 “Internet service”

amended 1 time (opens in a new tab)

s.229 “Search engine”

amended 1 time (opens in a new tab)

s.230 “Age verification” and “age estimation”

amended 1 time (opens in a new tab)

s.231 “Proactive technology”

amended 1 time (opens in a new tab)

s.232 Content communicated “publicly” or “privately”

amended 1 time (opens in a new tab)

s.233 “Functionality”

amended 1 time (opens in a new tab)

s.234 “Harm” etc

amended 1 time (opens in a new tab)

s.235 “Online safety functions” and “online safety matters”

amended 1 time (opens in a new tab)

s.236 Interpretation: general

amended 5 times (opens in a new tab)

s.237 Index of defined terms

amended 3 times (opens in a new tab)

s.238 Financial provisions

amended 1 time (opens in a new tab)

s.239 Extent

amended 2 times (opens in a new tab)

s.240 Commencement and transitional provision

amended 1 time (opens in a new tab)

s.241 Short title

amended 1 time (opens in a new tab)

Schedules

33 of 342 shown

s.004 Codes of practice under section 41: principles, objectives, content Regulated

Other duties (1) — Crown / regulator

Ofcom must follow specific principles and objectives when drafting safety codesStatutory regulator

s.sch003 Part 3 services already in operation at the outset of the regime provided for by this Act Regulated

Complete first illegal content and children's access risk assessments on timeAny Person

s.sch003 Section 15(2) assessments Regulated

Complete Section 15(2) risk assessment within 3 months of guidanceAny Person

s.sch003 Illegal content risk assessments and children’s access assessments of Part 4B part Regulated

Complete first illegal content risk assessment and children's access assessment within deadlinesAny Person

s.sch003 If, on the assessment start day, illegal content risk assessment... Regulated

Complete illegal content risk assessment and CAA within 3 monthsAny Person

s.sch003 Section 15(2) assessments of Part 4B part Regulated

Complete Part 4B risk assessment within 3 months of guidanceAny Person

s.sch003 New Part 3 services which start up, and existing services which become Part 3 services, between publication of the first illegal content risk assessment guidance and the first CAA guidance Regulated

Complete illegal content risk assessment and CAA within deadlinesAny Person

s.sch003 New Part 3 services which start up when illegal content risk assessment guidance and CAA guidance are both available Regulated

Complete first illegal content risk assessment and CAA within 3 months of launchAny Person

s.sch003 Existing services which become Part 3 services when illegal content risk assessment guidance and CAA guidance are both available Regulated

Complete illegal content risk assessment and CAA within 3 months of becoming a Part 3 serviceAny Person

s.sch003 Children’s risk assessments Regulated

Complete children's risk assessment within 3 monthsAny Person

s.sch003 Section 15(2) assessments Regulated

Complete section 15(2) risk assessment within 3 months of becoming Category 1Data Controller

s.sch004 Online safety objectives Regulated

Other duties (1) — Crown / regulator

Ofcom: ensure code measures align with online safety objectivesStatutory regulator

s.sch006 An offence under section 2 of the Obscene Publications Act... Regulated

Publish obscene material encouraging specified serious offencesAny Person

s.sch006 An offence under either of the following provisions of the... Prosecution

Possess or distribute indecent images of childrenAny Person

Unlimited fine

s.sch006 Inchoate offences Regulated

Attempt or conspire to commit a listed offence under the Online Safety ActAny Person

s.sch006 An offence under section 160 of the Criminal Justice Act... Prosecution

Possess indecent images of a childAny Person

Unlimited fine

s.sch006 An offence under any of the following provisions of the... Prosecution

Commit serious child sexual offencesAny Person

Unlimited fine

s.sch006 Inchoate offences Regulated

Attempt or conspire to commit an online safety offenceAny Person

s.sch007 An offence under any of the following provisions of the... Prosecution

Engage in threatening or abusive behaviour or stalking onlineAny Person

Unlimited fine

s.sch007 An offence under section 5 of the Psychoactive Substances Act... Regulated

Supply or offer to supply a psychoactive substanceAny Person

s.sch007 An offence under any of the following provisions of the... Prosecution

Breach firearms licence and trading rulesAny Person

Unlimited fine

s.sch007 An offence under any of the following provisions of the... Prosecution

Sell offensive weapons or knives to under-18sAny Person

Unlimited fine

s.sch007 An offence under any of the following provisions of the... Regulated

Use or sell air weapons without a certificate (Scotland)Any Person

s.sch007 An offence under section 1 of the Human Trafficking and... Prosecution

Engage in human trafficking (Scotland)Any Person

Unlimited fine

s.sch007 An offence under section 2 of the Human Trafficking and... Prosecution

Engage in human traffickingAny Person

Unlimited fine

s.sch007 An offence under any of the following provisions of the... Regulated

Make misleading statements or create misleading impressionsAny Person

s.sch007 Inchoate offences Regulated

Attempt, conspire, or assist a Schedule 7 offenceAny Person

s.sch008 When determining which information to require in a notice under... Regulated

Other duties (1) — Crown / regulator

Ofcom must consider service characteristics when deciding what information to require in a noticeStatutory regulator

s.sch011 Regulations specifying threshold conditions for categories of Part 3 services Regulated

Other duties (1) — Crown / regulator

Secretary of State must set threshold conditions for online service categoriesCrown / Minister / Government department

s.sch011 Procedure for amending or replacing regulations under paragraph 1 Regulated

Other duties (1) — Crown / regulator

OFCOM must research and publish advice before threshold regulations are changedStatutory regulator

s.sch012 Offences Prosecution

Obstruct Ofcom officers or provide false informationAny Person

Unlimited fine

s.sch015 Liability of controlling individuals for failures by entities Prosecution

Fail to comply with regulatory notice as controlling individualAny Person

Unlimited fine

s.sch017 (1) This paragraph applies in relation to a person who... Regulated

Include qualifying revenue breakdown for Part 4B services in OFCOM notificationAny Person

309 other schedules

s.001 Exempt user-to-user and search services

s.002 User-to-user services and search services that include regulated provider pornographic content

s.003 Timing of providers’ assessments

s.008 Transparency reports by providers of Category 1 services, Category 2A services and Category 2B services

s.010 Recovery of OFCOM’s initial costs

s.012 OFCOM’s powers of entry, inspection and audit

s.014 Amendments consequential on offences in Part 10 of this Act

s.015 Liability of parent entities etc

s.016 Amendments of Part 4B of the Communications Act

s.017 Video-sharing platform services: transitional provision etc

s.sch001 Email services

s.sch001 Services provided by persons providing education or childcare

s.sch001 Interpretation

s.sch001 England

s.sch001 Early years provision by a person registered under Chapter 2...

s.sch001 Later years childminding by a later years childminder registered under...

s.sch001 Later years provision by a person registered under Chapter 3...

s.sch001 Education or childcare in a maintained nursery school within the...

s.sch001 Education or childcare in— (a) an Academy school, within the...

s.sch001 Education in— (a) an institution in England within the further...

s.sch001 Education provided by an independent training provider.

s.sch001 SMS and MMS services

s.sch001 Further education for persons under 19 provided by a local...

s.sch001 In paragraphs 12 to 15, “early years childminding”, “early years...

s.sch001 In paragraph 19, “independent training provider” means a provider—

s.sch001 In paragraphs 20 and 22, “local authority in England” has...

s.sch001 In paragraph 22— “combined authority” means a combined authority established...

s.sch001 Scotland

s.sch001 Child minding, within the meaning of Part 5 of the...

s.sch001 Day care of children, within the meaning of Part 5...

s.sch001 Primary education, secondary education or childcare in—

s.sch001 Further education provided by a body listed under the heading...

s.sch001 Services offering only one-to-one live aural communications

s.sch001 Further education provided by a college of further education which...

s.sch001 Wales

s.sch001 Day care for children by a person who is registered...

s.sch001 Primary education, secondary education or childcare in a school in...

s.sch001 Education provided in accordance with section 19A of the Education...

s.sch001 Further education in an institution in Wales within the further...

s.sch001 (1) Any further education or training in Wales that is—...

s.sch001 In paragraphs 31 and 32, “child minding” and “day care...

s.sch001 Northern Ireland

s.sch001 Pre-school education, within the meaning of Part 5 of the...

s.sch001 Limited functionality services

s.sch001 Education in a nursery school, within the meaning of the...

s.sch001 Education or childcare in a school, within the meaning of...

s.sch001 Education which is suitable education otherwise than at school provided...

s.sch001 Education in an institution of further education, within the meaning...

s.sch001 Education in agriculture and related subjects.

s.sch001 The following definitions apply for the purposes of this Schedule....

s.sch001 “Childcare”— (a) in relation to provision in England, has same...

s.sch001 “Education”— (a) in relation to provision in England, Wales and...

s.sch001 “Education in agriculture and related subjects”, in relation to provision...

s.sch001 “Further education”— (a) in relation to provision in England and...

s.sch001 Services which enable combinations of user-generated content

s.sch001 “Higher education”— (a) in relation to provision in England and...

s.sch001 “Primary education” and “secondary education”— (a) in relation to provision...

s.sch001 Exception to exemptions in paragraphs 1 to 5

s.sch001 Internal business services (entire user-to-user service or search service)

s.sch001 Internal business services (part of user-to-user service or search service)

s.sch001 Services provided by public bodies

s.sch002 A user-to-user service described in any of paragraphs 1 to...

s.sch002 (1) A user-to-user service within sub-paragraph (2) or (3).

s.sch002 (1) A search service within sub-paragraph (2).

s.sch002 For the purposes of this Schedule, a service “has links...

s.sch002 In this Schedule— “the internal business service conditions” means the...

s.sch003 Any reference in this Part to the effect of Part...

s.sch003 Application of paragraphs 12 to 14

s.sch003 Illegal content risk assessments and children’s access assessments

s.sch003 If, on the assessment start day, illegal content risk assessment...

s.sch003 Application of paragraphs 16 to 20

s.sch003 Application of Part 1 and paragraph 6

s.sch003 Application of paragraph 5

s.sch003 Interpretation of this Schedule

s.sch003 For the meaning of “likely to be accessed by children”,...

s.sch003 In relation to regulated user-to-user services (or in the case...

s.sch003 In relation to regulated search services and the search engine...

s.sch003 In relation to regulated user-to-user services (or in the case...

s.sch003 In relation to regulated search services and the search engine...

s.sch003 For the purposes of this Schedule, guidance of a particular...

s.sch003 Extension of three-month periods

s.sch003 Interpretation of this Part

s.sch003 (1) In this Part, “assessment start day”, in relation to...

s.sch003 In this Part “video-sharing platform service” has the same meaning...

s.sch004 General principles

s.sch004 (1) Measures described in a code of practice which are...

s.sch004 Measures described in a code of practice may relate only...

s.sch004 Content of codes of practice: age assurance

s.sch004 Content of codes of practice: proactive technology

s.sch004 General

s.sch004 A code of practice may apply in relation to a...

s.sch004 Interpretation

s.sch004 The principles are as follows— (a) providers of Part 3...

s.sch004 The online safety objectives for regulated user-to-user services are as...

s.sch004 The online safety objectives for regulated search services are as...

s.sch004 In the case of a combined service—

s.sch004 The Secretary of State may by regulations amend paragraph 4...

s.sch004 If regulations are made amending the online safety objectives, OFCOM...

s.sch004 Content of codes of practice

s.sch005 Terrorism offences

s.sch005 An offence under any of the following provisions of the...

s.sch005 An offence under section 113 of the Anti-terrorism, Crime and...

s.sch005 An offence under any of the following provisions of the...

s.sch005 Inchoate offences

s.sch006 Child sexual exploitation and abuse offences

s.sch006 An offence under any of the following provisions of the...

s.sch006 An offence under section 1 of the Protection of Children...

s.sch006 An offence under Article 3 of the Protection of Children...

s.sch006 An offence under any of the following provisions of the...

s.sch006 An offence under section 62 of the Coroners and Justice...

s.sch006 An offence under section 69 of the Serious Crime Act...

s.sch007 Priority offences

s.sch007 Assisting suicide

s.sch007 An offence under section 76 of the Serious Crime Act...

s.sch007 Drugs and psychoactive substances

s.sch007 Firearms and other weapons

s.sch007 An offence under any of the following provisions of the...

s.sch007 An offence under section 13 of the Criminal Justice Act...

s.sch007 An offence under any of the following provisions of the...

s.sch007 An offence under section 36(1)(c) or (d) of the Violent...

s.sch007 Assisting illegal immigration

s.sch007 Human trafficking

s.sch007 Sexual exploitation

s.sch007 An offence under any of the following provisions of the...

s.sch007 An offence under section 63 of the Criminal Justice and...

s.sch007 Encouraging or assisting serious self-harm

s.sch007 Threats to kill

s.sch007 An offence under section 33 of the Criminal Justice and...

s.sch007 An offence under section 2 of the Abusive Behaviour and...

s.sch007 Proceeds of crime

s.sch007 Fraud

s.sch007 An offence under section 49(3) of the Criminal Justice and...

s.sch007 Financial services

s.sch007 Foreign interference

s.sch007 Animal welfare

s.sch007 Public order offences, harassment, stalking and fear or provocation of violence

s.sch007 An offence under any of the following provisions of the...

s.sch007 An offence under section 50A of the Criminal Law (Consolidation)...

s.sch007 An offence under any of the following provisions of the...

s.sch008 The incidence of illegal content, content that is harmful to...

s.sch008 Measures taken or in use by a provider to comply...

s.sch008 Arrangements that a provider has in place for the reporting...

s.sch008 Measures taken or in use by a provider to comply...

s.sch008 The systems and processes by which a provider assesses the...

s.sch008 The systems and processes that a provider operates—

s.sch008 Co-operation by a provider with government, regulatory or other public...

s.sch008 Measures taken or in use by a provider to provide...

s.sch008 Measures taken or in use by a provider to improve...

s.sch008 The dissemination of illegal content, content that is harmful to...

s.sch008 Any other measures taken or in use by a provider...

s.sch008 The incidence of illegal search content and search content that...

s.sch008 The number of users who are assumed to have encountered...

s.sch008 The formulation, development, scope and application of the statements of...

s.sch008 The systems and processes for users to report search content...

s.sch008 The systems and processes that a provider operates to deal...

s.sch008 Functionalities designed to help users manage risks relating to search...

s.sch008 The design and operation of algorithms which affect the display,...