Online Safety Act 2023

In Schedule 9 to the Elections Act 2022 (offences for purposes of Part 5), in Part 2, after paragraph 52 insert—

(52A) An offence under any of the following provisions of the Online Safety Act 2023— (a) section 179 (false communications); (b) section 181 (threatening communications); (c) section 183 (sending or showing flashing images).

PART 2 — Amendments consequential on offence in section 184

Children and Young Persons Act 1933

6

In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of Act apply), after the entry relating to the Suicide Act 1961 insert—

• An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the serious self-harm of a child or young person.

Visiting Forces Act 1952

7

• (1) The Schedule to the Visiting Forces Act 1952 (offences referred to in section 3) is amended as follows.

• (2) In paragraph 1(b), after paragraph (xv) insert—

(xvi) section 184 of the Online Safety Act 2023;

.

• (3) In paragraph 2(b), after paragraph (iv) insert—

(v) section 184 of the Online Safety Act 2023;

.

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

8

In Schedule 1 to the Children and Young Persons Act (Northern Ireland) 1968 (offences against children and young persons with respect to which special provisions of Act apply), after the entry relating to the Criminal Justice Act (Northern Ireland) 1966 insert—

• An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm) where the relevant act is an act capable of, and done with the intention of, encouraging or assisting the serious self-harm of a child or young person.

Criminal Attempts Act 1981

9

In section 1 of the Criminal Attempts Act 1981 (attempting to commit an offence), in subsection (4), after paragraph (c) insert—

(d) an offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm).

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))

10

In Article 3 of the Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (attempting to commit an offence), in paragraph (4), after sub-paragraph (c) insert—

(ca) an offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm);

.

Armed Forces Act 2006

11

In Schedule 2 to the Armed Forces Act 2006 (“Schedule 2 offences”), in paragraph 12, at the end insert—

(ba) an offence under section 184 of the Online Safety Act 2023 (encouraging or assisting serious self-harm).

Serious Crime Act 2007

12

• (1) The Serious Crime Act 2007 is amended as follows.

• (2) In section 51A (exceptions to section 44 for encouraging or assisting suicide)—

• (a) the existing text becomes subsection (1);

• (b) after that subsection insert—

(2) Section 44 does not apply to an offence under section 184(1) of the Online Safety Act 2023 (offence of encouraging or assisting serious self-harm).

;

• (c) in the heading, at the end insert “or serious self-harm”.

• (3) In Part 1 of Schedule 3 (listed offences: England and Wales and Northern Ireland), after paragraph 24A insert—

(24B) An offence under section 184(1) of the Online Safety Act 2023 (encouraging or assisting serious self-harm).

PART 3 — Amendments consequential on offences in sections 187 and 188

Children and Young Persons Act 1933

13

In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons with respect to which special provisions of Act apply), in the first entry relating to the Sexual Offences Act 2003, after “66” insert “, 66A, 66B”.

Police and Criminal Evidence Act 1984

14

In section 65A of the Police and Criminal Evidence Act 1984 (“qualifying offences” for the purposes of Part 5 of that Act), in subsection (2)(p) after “61 to” insert “66A, 66B(2) and (3),”.

Sexual Offences (Amendment) Act 1992

15

In section 6 of the Sexual Offences (Amendment) Act 1992 (interpretation), after subsection (2A) insert—

(2B) For the purposes of this Act, where it is alleged or there is an accusation that an offence under section 66B(4) of the Sexual Offences Act 2003 (threatening to share intimate photograph or film) has been committed, the person against whom the offence is alleged to have been committed is to be regarded as— (a) the person to whom the threat mentioned in that subsection is alleged to have been made, and (b) (if different) the person shown, or who appears to be shown, in an intimate state in the photograph or film that is the subject of the threat.

Sexual Offences Act 2003

16

• (1) The Sexual Offences Act 2003 is amended as follows.

• (2) In section 78 (meaning of “sexual”), after “15A” insert “, 66B to 66D”.

• (3) In section 136A(3A) (specified child sex offences), in paragraph (c), after “66” insert “, 66A, 66B(2) and (3)”.

• (4) In Schedule 3 (sexual offences for purposes of Part 2), after paragraph 33 insert—

(33A) An offence under section 66A of this Act (sending etc photograph or film of genitals) if— (a) where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months; (b) in any other case— (i) the victim was under 18, or (ii) the offender, in respect of the offence or finding, is or has been— (a) sentenced to a term of imprisonment, (b) detained in a hospital, or (c) made the subject of a community sentence of at least 12 months. (33B) An offence under section 66B(3) of this Act (sharing intimate photograph or film for purpose of obtaining sexual gratification) if— (a) where the offender was under 18, the offender is or has been sentenced in respect of the offence to imprisonment for a term of at least 12 months; (b) in any other case— (i) the victim was under 18, or (ii) the offender, in respect of the offence or finding, is or has been— (a) sentenced to a term of imprisonment, (b) detained in a hospital, or (c) made the subject of a community sentence of at least 12 months.

Criminal Justice Act 2003

17

• (1) The Criminal Justice Act 2003 is amended as follows.

• (2) In Part 2 of Schedule 15 (specified sexual offences for purposes of section 325), after paragraph 149 insert—

(149A) An offence under section 66A of that Act (sending etc photograph or film of genitals). (149B) An offence under section 66B(2) or (3) of that Act (sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification).

• (3) In Schedule 34A (child sex offences for purposes of section 327A), in paragraph 10—

• (a) after “66” insert “, 66A, 66B(2) or (3)”, and

• (b) after “exposure” insert “, sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification”.

Anti-social Behaviour, Crime and Policing Act 2014

18

In section 116 of the Anti-social Behaviour, Crime and Policing Act 2014 (information about guests at hotels believed to be used for child sexual exploitation), in subsection (8)(c), in the entry that relates to exposure and voyeurism offences in the Sexual Offences Act 2003—

• (a) after “66” insert “, 66A, 66B(2) and (3)”, and

• (b) after “exposure” insert “, sending etc photograph or film of genitals, sharing intimate photograph or film with intent to cause alarm, distress or humiliation or for purpose of obtaining sexual gratification”.

Modern Slavery Act 2015

19

In Schedule 4 to the Modern Slavery Act 2015 (offences to which defence in section 45 does not apply), in paragraph 33 (offences under Sexual Offences Act 2003), after the entry for section 66 insert—

• section 66A (sending etc photograph or film of genitals)
• section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation)
• section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification)

.

Sentencing Act 2020

20

In Part 2 of Schedule 18 to the Sentencing Act 2020 (specified sexual offences for purposes of section 306), in paragraph 38 (offences under Sexual Offences Act 2003), after sub-paragraph (ax) insert—

(axa) section 66A (sending etc photograph or film of genitals); (axb) section 66B(2) (sharing intimate photograph or film with intent to cause alarm, distress or humiliation); (axc) section 66B(3) (sharing intimate photograph or film for purpose of obtaining sexual gratification);

.

Elections Act 2022

21

In Schedule 9 to the Elections Act 2022 (offences for purposes of Part 5), after paragraph 47(f) insert—

(g) section 66A (sending etc photograph or film of genitals).

PART 4 — Amendments consequential on section 190

Criminal Justice and Courts Act 2015

22

• (1) The Criminal Justice and Courts Act 2015 is amended as follows.

• (2) In section 96 (extent), in subsection (6), omit paragraphs (c) and (g).

• (3) Omit Schedule 8 (disclosing or threatening to disclose private sexual photographs or films: providers of information society services).

Domestic Abuse Act 2021

23

• (1) The Domestic Abuse Act 2021 is amended as follows.

• (2) Omit section 69 (threats to disclose private sexual photographs and films with intent to cause distress) and the italic heading before it.

• (3) In section 85 (power to make consequential provision), in subsection (1)(b), omit “69,”.

• (4) In section 86 (power to make transitional or saving provision), in subsection (1)(b), omit “69,”.

Overseas Operations (Service Personnel and Veterans) Act 2021

24

In Part 1 of Schedule 1 to the Overseas Operations (Service Personnel and Veterans) Act 2021 (“excluded offences” for the purposes of section 6 of that Act), omit paragraph 11.

Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835)

25

In the Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021, omit regulation 8 (amendment of the Criminal Justice and Courts Act 2015).

SCHEDULE 15

Joint provisional notices of contravention

1

• (1) This paragraph applies if—

• (a) OFCOM are satisfied that there are grounds to give an entity (“E”) a provisional notice of contravention relating to a regulated service, and

• (b) E is the provider of that service.

• (2) If there is an entity which is a parent undertaking in relation to E, the provisional notice of contravention may be given—

• (a) to E alone, or

• (b) jointly to E and to an entity which is a parent undertaking in relation to E.

• (3) If there is an entity which is a subsidiary undertaking in relation to E, the provisional notice of contravention may be given—

• (a) to E alone, or

• (b) jointly to E and to an entity which is a subsidiary undertaking in relation to E.

• (4) If E is a subsidiary undertaking and there is an entity which is a fellow subsidiary undertaking in relation to E, the provisional notice of contravention may be given—

• (a) to E alone, or

• (b) jointly to E and to an entity which is a fellow subsidiary undertaking in relation to E.

• (5) If an individual or individuals control E (see paragraph 5(4)), the provisional notice of contravention may be given—

• (a) to E alone, or

• (b) jointly to E and to the individual or individuals who control E.

• (6) If a provisional notice of contravention is given jointly as mentioned in sub-paragraph (2)(b), (3)(b), (4)(b) or (5)(b), section 130(8) is to be read, in its application for the purposes of this paragraph, as if it included a reference to representations about whether joint and several liability would be appropriate.

Liability of parent entities for failures by subsidiary entities

2

• (1) This paragraph applies if—

• (a) OFCOM are satisfied that there are grounds to give an entity (“E”) a relevant decision or notice relating to a regulated service,

• (b) E is the provider of that service, and

• (c) there is an entity which is a parent undertaking in relation to E (a “parent entity”).

• (2) The relevant decision or notice may be given—

• (a) to E alone, or

• (b) (subject to sub-paragraph (4)) jointly to E and to a parent entity.

• (3) But before giving a penalty notice to a parent entity, or giving a confirmation decision to a parent entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—

• (a) the matters contained in the decision or notice, and

• (b) whether joint and several liability would be appropriate.

• (4) OFCOM may not give a relevant decision or notice to a parent entity (“P”) if—

• (a) P meets the condition in section 1162(2)(a) of the Companies Act in relation to E, and

• (b) P makes representations (under section 130(8) as applied by paragraph 1(6), or under sub-paragraph (3)) which satisfy OFCOM that P does not meet any condition in section 1162(2)(b), (c) or (d) or (4) of the Companies Act in relation to E.

• (5) If a relevant decision or notice is given to entities jointly as mentioned in sub-paragraph (2)(b), those entities are jointly and severally liable to comply with the requirements, or (as the case may be) pay the penalty, imposed by the decision or notice.

• (6) See also paragraph 5 of Schedule 13 (maximum amount of penalties: group of entities).

Liability of subsidiary entities for failures by parent entities

3

• (1) This paragraph applies if—

• (a) OFCOM are satisfied that there are grounds to give an entity (“E”) a relevant decision or notice relating to a regulated service,

• (b) E is the provider of that service, and

• (c) there is an entity which is a subsidiary undertaking in relation to E (a “subsidiary entity”).

• (2) The relevant decision or notice may be given—

• (a) to E alone, or

• (b) jointly to E and to a subsidiary entity.

• (3) But—

• (a) before giving a penalty notice to a subsidiary entity, or giving a confirmation decision to a subsidiary entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—

• (i) the matters contained in the decision or notice, and

• (ii) whether joint and several liability would be appropriate; and

• (b) a relevant decision or notice may be given to a subsidiary entity only if that entity’s acts or omissions contributed to the failure in respect of which the decision or notice is given.

• (4) If a relevant decision or notice is given to entities jointly as mentioned in sub-paragraph (2)(b), those entities are jointly and severally liable to comply with the requirements, or (as the case may be) pay the penalty, imposed by the decision or notice.

• (5) See also paragraph 5 of Schedule 13 (maximum amount of penalties: group of entities).

Liability of fellow subsidiary entities for failures by subsidiary entities

4

• (1) This paragraph applies if—

• (a) OFCOM are satisfied that there are grounds to give an entity (“E”) a relevant decision or notice relating to a regulated service,

• (b) E is the provider of that service,

• (c) E is a subsidiary undertaking, and

• (d) there is an entity which is a fellow subsidiary undertaking in relation to E (a “fellow subsidiary entity”).

• (2) The relevant decision or notice may be given—

• (a) to E alone, or

• (b) jointly to E and to a fellow subsidiary entity.

• (3) But—

• (a) before giving a penalty notice to a fellow subsidiary entity, or giving a confirmation decision to a fellow subsidiary entity which was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that entity an opportunity to make representations to OFCOM about—

• (i) the matters contained in the decision or notice, and

• (ii) whether joint and several liability would be appropriate; and

• (b) a relevant decision or notice may be given to a fellow subsidiary entity only if that entity’s acts or omissions contributed to the failure in respect of which the decision or notice is given.

• (4) If a relevant decision or notice is given to entities jointly as mentioned in sub-paragraph (2)(b), those entities are jointly and severally liable to comply with the requirements, or (as the case may be) pay the penalty, imposed by the decision or notice.

• (5) See also paragraph 5 of Schedule 13 (maximum amount of penalties: group of entities).

Liability of controlling individuals for failures by entities

5

• (1) This paragraph applies if—

• (a) OFCOM are satisfied that there are grounds to give an entity (“E”) a relevant decision or notice relating to a regulated service,

• (b) E is the provider of that service, and

• (c) an individual or individuals control E.

• (2) The relevant decision or notice may be given—

• (a) to E alone, or

• (b) (subject to sub-paragraph (5)) jointly to E and to the individual or individuals who control E.

• (3) But before giving a penalty notice to an individual, or giving a confirmation decision to an individual who was not previously given a provisional notice of contravention relating to the same matter, OFCOM must give that individual an opportunity to make representations to OFCOM about—

• (a) the matters contained in the decision or notice, and

• (b) whether joint and several liability would be appropriate.

• (4) An individual or individuals are to be taken to “control” E if that individual or those individuals would, if they were an undertaking, be a parent undertaking in relation to E within the meaning of section 1162 of the Companies Act by reason of meeting the condition in subsection (2)(a), (b), (c) or (d) or (4)(a) of that section.

• (5) OFCOM may not give a relevant decision or notice to an individual or individuals (“P”) if—

• (a) the condition by reason of which P controls E is the condition in section 1162(2)(a) of the Companies Act, and

• (b) P makes representations (under section 130(8) as applied by paragraph 1(6), or under sub-paragraph (3)) which satisfy OFCOM that P does not control E by reason of any condition in section 1162(2)(b), (c) or (d) or (4) of the Companies Act.

• (6) If a relevant decision or notice is given jointly to E and to an individual or individuals as mentioned in sub-paragraph (2)(b), that entity and that individual or those individuals are jointly and severally liable to comply with the requirements, or (as the case may be) pay the penalty, imposed by the decision or notice.

OFCOM’s guidance

6

OFCOM’s guidance under section 151 must include information about the factors that OFCOM would consider it appropriate to take into account when considering whether to give a decision or notice jointly as mentioned in this Schedule.

Interpretation

7

In this Schedule—

• “the Companies Act” means the Companies Act 2006;

• “fellow subsidiary undertaking” has the meaning given by section 1161(4) of the Companies Act;

• “parent undertaking” and “subsidiary undertaking” are to be read in accordance with section 1162 of the Companies Act;

• “penalty notice” means a penalty notice under section 139, 140(5) or 141(6);

• “relevant decision or notice” means—a confirmation decision that includes requirements of a kind described in section 133(1) or imposes a penalty as mentioned in section 137 (or both), ora penalty notice.

8

In its application for the purposes of this Schedule, paragraph 4 of Schedule 7 to the Companies Act is to be read as if the reference to operating and financial policies were to policies relating to compliance with the regulatory requirements imposed by this Act.

9

For the purposes of this Schedule, sections 1161(4) and 1162 of, and Schedule 7 to, the Companies Act—

• (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.

SCHEDULE 16

1

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

2

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

3

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

4

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

5

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

6

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

7

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

SCHEDULE 17

PART 1 — Interpretation

1

• (1) In this Schedule, “pre-existing Part 4B service” means—

• (a) an internet service which—

• (i) is a video-sharing platform service by reason of the conditions in section 368S(1) and (2) of the Communications Act being met in relation to the service as a whole, and

• (ii) was being provided immediately before this Schedule comes into force; or

• (b) a dissociable section of an internet service, where that dissociable section—

• (i) is a video-sharing platform service by reason of the conditions in section 368S(1)(a) and (2) of the Communications Act being met in relation to that dissociable section, and

• (ii) was being provided immediately before this Schedule comes into force.

• (2) In sub-paragraph (1), any reference to a service provided before this Schedule comes into force includes a reference to a service provided in breach of the requirement in section 368V of the Communications Act.

2

In this Schedule—

• “the relevant day”, in relation to a pre-existing Part 4B service or to a service which includes a pre-existing Part 4B service, means—the date when section 210 comes into force (repeal of Part 4B of the Communications Act), orif the pre-existing Part 4B service ceases to be a video-sharing platform service before the date mentioned in paragraph (a), the date when that service ceases to be a video-sharing platform service;

• “safety duties” means the duties mentioned in section 7(2), (4) and (5), except the duties set out in—section 9 (illegal content risk assessments),section 11 (children’s risk assessments),section 14 (assessments related to the adult user empowerment duty set out in section 15(2)), andsection 23(2), (9) and (10) (records of assessments);

• “the transitional period”, in relation to a pre-existing Part 4B service or to a service which includes a pre-existing Part 4B service, means the period—beginning with the date when this Schedule comes into force, andending with the relevant day;

• “video-sharing platform service” has the same meaning as in Part 4B of the Communications Act (see section 368S of that Act).

PART 2 — During the transitional period

Pre-existing Part 4B services which are regulated user-to-user services

3

• (1) This paragraph applies in relation to a pre-existing Part 4B service which—

• (a) is within the definition in paragraph (a) of paragraph 1(1), and

• (b) is also a regulated user-to-user service.

• (2) Both this Act and Part 4B of the Communications Act apply in relation to the pre-existing Part 4B service during the transitional period.

• (3) But that is subject to—

• (a) sub-paragraph (4),

• (b) sub-paragraph (5), and

• (c) paragraph 4.

• (4) The following duties and requirements under this Act do not apply during the transitional period in relation to the pre-existing Part 4B service—

• (a) the safety duties;

• (b) the duties set out in section 38 (fraudulent advertising);

• (c) the duties set out in section 64 (user identity verification);

• (d) the requirements under section 66(1) and (2) (reporting CSEA content to the NCA);

• (e) the duties set out in sections 71 and 72 (terms of service);

• (f) the duties set out in section 75 (deceased child users);

• (g) the duty on OFCOM to give a notice under section 77(1) requiring information in a transparency report;

• (h) the requirements to produce transparency reports under section 77(3) and (4).

• (5) OFCOM’s powers under Schedule 12 to this Act (powers of entry, inspection and audit) do not apply during the transitional period in relation to the pre-existing Part 4B service.

• (6) In sub-paragraph (2) the reference to this Act does not include a reference to Part 6 (fees); for the application of Part 6, see Part 3 of this Schedule.

Regulated user-to-user services that include regulated provider pornographic content

4

• (1) The duties set out in section 81 of this Act do not apply during the transitional period in relation to any regulated provider pornographic content published or displayed on a pre-existing Part 4B service.

• (2) In the case of a regulated user-to-user service which includes a pre-existing Part 4B service within the definition in paragraph (b) of paragraph 1(1), nothing in sub-paragraph (1) is to be taken to prevent the duties set out in section 81 from applying during the transitional period in relation to any regulated provider pornographic content published or displayed on any other part of the service.

• (3) In this paragraph “regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 of this Act (see section 79).

Pre-existing Part 4B services which form part of regulated user-to-user services

5

• (1) During the transitional period, Part 4B of the Communications Act applies in relation to a pre-existing Part 4B service within the definition in paragraph (b) of paragraph 1(1).

• (2) Sub-paragraph (3), and paragraphs 6 to 8, apply in relation to a regulated user-to-user service which includes a pre-existing Part 4B service within the definition in paragraph (b) of paragraph 1(1).

• (3) During the transitional period, this Act applies in relation to the regulated user-to-user service with the modifications set out in paragraph 6, 7, or 8 (whichever applies).

• (4) In paragraphs 6 to 8 the dissociable section of the service which is the pre-existing Part 4B service is referred to as “the Part 4B part”.

• (5) In sub-paragraph (3) the reference to this Act does not include a reference to Part 6 (fees); for the application of Part 6, see Part 3 of this Schedule.

Regulated user-to-user services with a Part 4B part and another user-to-user part

6

• (1) This paragraph applies in relation to a regulated user-to-user service described in paragraph 5(2) if the service would still be a regulated user-to-user service even if the Part 4B part were to be assumed not to be part of the service.

• (2) During the transitional period—

• (a) any duty or requirement mentioned in paragraph 3(4) which applies in relation to the regulated service is to be treated as applying only in relation to the rest of the service;

• (b) the powers mentioned in paragraph 3(5) are to be treated as applying only in relation to the rest of the service.

• (3) In this paragraph “the rest of the service” means any user-to-user part of the regulated service other than the Part 4B part.

Regulated user-to-user services with a Part 4B part and a search engine

7

• (1) This paragraph applies in relation to a regulated user-to-user service described in paragraph 5(2) if the service would be a regulated search service if the Part 4B part were to be assumed not to be part of the service.

• (2) During the transitional period, no duty or requirement mentioned in paragraph 3(4) applies in relation to the Part 4B part of the service (but that is not to be taken to prevent any other duty or requirement under this Act from applying in relation to the search engine of the service during the transitional period).

• (3) During the transitional period, the powers mentioned in paragraph 3(5) are to be treated as applying only in relation to the search engine of the service.

Regulated user-to-user services with a Part 4B part but no other user-to-user part or search engine

8

• (1) This paragraph applies in relation to a regulated user-to-user service described in paragraph 5(2) if the service does not fall within paragraph 6 or 7.

• (2) The duties, requirements and powers mentioned in paragraph 3(4) and (5) do not apply in relation to the regulated service during the transitional period.

Assessments of pre-existing Part 4B services or of services which include a pre-existing Part 4B service

9

See Part 3 of Schedule 3 for provision about—

• (a) the timing of certain assessments of pre-existing Part 4B services, and

• (b) modifications of Parts 1 and 2 of that Schedule in connection with certain assessments of services which include a pre-existing Part 4B service within the definition in paragraph (b) of paragraph 1(1).

Operation of section 368U of the Communications Act

10

During the transitional period, section 368U of the Communications Act has effect as a requirement to establish and maintain an up to date list of persons providing a video-sharing platform service to which Part 4B applies.

Video-sharing platform services which start up, or start up again, during the transitional period

11

Part 4B of the Communications Act does not apply in relation to a video-sharing platform service which is first provided on or after the date when this Schedule comes into force.

12

• (1) Sub-paragraph (2) applies in relation to a pre-existing Part 4B service if—

• (a) the service ceases to be a video-sharing platform service on a date within the transitional period, and

• (b) the service begins again to be a video-sharing platform service on some later date within the transitional period.

• (2) Part 4B of the Communications Act does not start applying again in relation to the service on the date mentioned in sub-paragraph (1)(b).

13

Paragraphs 11 and 12 apply regardless of whether, or when, a provider of a service has notified the appropriate regulatory authority in accordance with section 368V of the Communications Act.

PART 3 — Application of Part 6 of this Act: fees

Introduction

14

This Part makes provision about the application of the following provisions of this Act in relation to a person who is the provider of a relevant regulated service—

• (a) section 83 (duty to notify OFCOM in relation to the charging of fees);

• (b) section 84 (payment of fees);

• (c) Schedule 10 (additional fees).

15

In this Part “relevant regulated service” means—

• (a) a regulated user-to-user service which is a pre-existing Part 4B service within the definition in paragraph (a) of paragraph 1(1), or

• (b) a regulated user-to-user service which includes a pre-existing Part 4B service within the definition in paragraph (b) of paragraph 1(1).

Application of section 83

16

• (1) Sub-paragraph (2) applies in relation to a person who is the provider of a relevant regulated service, whether or not the person is the provider of any other regulated service.

• (2) Section 83, which makes provision about the notification of OFCOM in relation to a charging year, applies to the provider in relation to every charging year, regardless of whether any part, or all, of a charging year falls within the transitional period.

17

• (1) This paragraph applies in relation to a person who is the provider of a relevant regulated service, unless the person is an exempt provider (see paragraph 24).

• (2) Sub-paragraph (3) applies in relation to the provider if—

• (a) the provider is required by section 83 to give details to OFCOM of the provider’s qualifying worldwide revenue for the qualifying period that relates to a charging year,

• (b) the provider gives such details in relation to that charging year at a time within the transitional period, and

• (c) no regulations under section 240(1) have been made before that time specifying that section 210 is to come into force on or before the first day of that charging year.

• (3) The provider’s notification under section 83 about qualifying worldwide revenue must include a breakdown indicating the amounts which are wholly referable to a relevant Part 4B service (if any).

Application of section 84: transitional charging year

18

If a person who is the provider of a relevant regulated service is an exempt provider, section 84 and Schedule 10 do not apply in relation to the provider in respect of a transitional charging year (see paragraph 23).

19

• (1) If a person who is the provider of a relevant regulated service is not an exempt provider, section 84 and Schedule 10 apply in relation to the provider in respect of a transitional charging year.

• (2) But sub-paragraphs (3) and (4) apply in relation to the provider in respect of a transitional charging year if the provider’s notification under section 83 in relation to that charging year has included details of amounts wholly referable to a relevant Part 4B service (as mentioned in paragraph 17(3)).

• (3) For the purposes of the computation of the provider’s fee under section 84 in respect of the transitional charging year, references in that section to the provider’s qualifying worldwide revenue are to be taken to be references to the provider’s non-Part 4B qualifying worldwide revenue.

• (4) OFCOM may not require the provider to pay a fee under section 84 in respect of the transitional charging year if the provider’s non-Part 4B qualifying worldwide revenue for the qualifying period that relates to that charging year is less than the threshold figure that has effect for that charging year.

• (5) The amount of a provider’s “non-Part 4B qualifying worldwide revenue” is the amount that would be the provider’s qualifying worldwide revenue (see section 85) if all amounts wholly referable to a relevant Part 4B service were left out of account.

Application of section 84: non-transitional charging year

20

• (1) Sub-paragraph (2) applies in relation to a person who is the provider of a relevant regulated service, whether or not the person is the provider of any other regulated service.

• (2) Section 84 and Schedule 10 apply without modification in relation to the provider in respect of a non-transitional charging year (even if the notification date in relation to such a charging year fell within the transitional period).

Amounts wholly referable to relevant Part 4B service

21

• (1) For the purposes of this Part, OFCOM may produce a statement giving information about the circumstances in which amounts do, or do not, count as being wholly referable to a relevant Part 4B service.

• (2) If OFCOM produce such a statement, they must publish it (and any revised or replacement statement).

Interpretation of this Part

22

In this Part—

• “non-transitional charging year” means a charging year which is not a transitional charging year;

• “notification date”, in relation to a charging year, means the latest date by which a notification under section 83 relating to that charging year is required to be given (see section 83(5));

• “relevant Part 4B service” means—a regulated user-to-user service described in paragraph 15(a), ora pre-existing Part 4B service included in a regulated user-to-user service described in paragraph 15(b).

23

For the purposes of this Part a charging year is a “transitional charging year” if—

• (a) the notification date in relation to that charging year fell within the transitional period, and

• (b) no regulations under section 240(1) were made before the notification date specifying that section 210 was to come into force on or before the first day of that charging year.

24

• (1) In this Part “exempt provider” means a person within sub-paragraph (2) or (3).

• (2) A person is within this sub-paragraph if the person is the provider of only one regulated service, and that service is—

• (a) a regulated user-to-user service which is a pre-existing Part 4B service within the definition in paragraph (a) of paragraph 1(1), or

• (b) a regulated user-to-user service which—

• (i) includes a pre-existing Part 4B service within the definition in paragraph (b) of paragraph 1(1), and

• (ii) does not fall within paragraph 6 or 7.

• (3) A person is within this sub-paragraph if the person is the provider of more than one regulated service, if each regulated service is of a kind described in sub-paragraph (2).

25

In this Part the following terms have the same meaning as in Part 6 of this Act—

• “charging year”;

• “qualifying period”;

• “threshold figure”.

PART 4 — After the end of the transitional period

Interpretation of this Part

26

In this Part of this Schedule—

• (a) “the repeal time” means the time when section 210 of this Act comes into force (repeal of Part 4B of the Communications Act);

• (b) (except in paragraph (a)) references to sections are to sections of the Communications Act.

27

For the purposes of this Part an investigation relating to a person begins when OFCOM notify the person to that effect.

OFCOM as appropriate regulatory authority

28

The repeal of section 368T does not affect OFCOM’s powers to act after the repeal time as the appropriate regulatory authority under Part 4B of the Communications Act as it has effect by virtue of this Part of this Schedule.

Duties of service providers to co-operate with investigations

29

The repeal of section 368Y(3)(c) (duty to co-operate) does not affect the application of that provision after the repeal time in relation to—

• (a) an investigation as mentioned in section 368Z10(3)(f) begun before that time, or

• (b) any demand for information for the purpose mentioned in section 368Z10(3)(i) resulting from such an investigation.

Demands for information, and enforcement of such demands

30

• (1) The repeal of sections 368Y(3)(b) and 368Z10 (demands for information) does not affect the application of those provisions after the repeal time in a case in which—

• (a) OFCOM require information after the repeal time for the purposes of an investigation as mentioned in section 368Z10(3)(f), and

• (b) the investigation was begun before that time.

• (2) The repeal of sections 368Z2, 368Z4 and 368Z10 does not affect the application of those sections after the repeal time in connection with—

• (a) a failure to comply with a requirement under section 368Z10 imposed before that time, or

• (b) a failure to comply with a requirement imposed after that time under section 368Z10 as it has effect in a case mentioned in sub-paragraph (1).

• (3) In this paragraph—

• (a) “the purposes of an investigation” include the purposes of any enforcement action or proceedings resulting from an investigation;

• (b) references to sections 368Z2 and 368Z4 include references to those sections as modified by section 368Z10.

Enforcement notifications, financial penalties etc

31

• (1) The repeal of sections 368W and 368Z4 (enforcement of section 368V) does not affect the application of those sections after the repeal time in a case in which OFCOM—

• (a) made a determination as mentioned in section 368W(1) before that time, or

• (b) began, before that time, to investigate whether they may have grounds to make such a determination.

• (2) The repeal of sections 368Z2 and 368Z4 (enforcement of sections 368Y and 368Z1(6) and (7)) does not affect the application of those sections after the repeal time in a case in which OFCOM—

• (a) made a determination as mentioned in section 368Z2(1) before that time, or

• (b) began, before that time, to investigate whether they may have grounds to make such a determination.

• (3) The repeal of sections 368Z3 and 368Z4 (enforcement of sections 368Z1(1) and (2)) does not affect the application of those sections after the repeal time in a case in which OFCOM—

• (a) made a determination as mentioned in section 368Z3(1) before that time, or

• (b) began, before that time, to investigate whether they may have grounds to make such a determination.

Suspension or restriction of service for contraventions or failures

32

• (1) The repeal of section 368Z5 (suspension or restriction of service for contraventions or failures) does not affect the application of that section after the repeal time in a case in which OFCOM—

• (a) made a determination as mentioned in section 368W(1), 368Z2(1) or 368Z3(1) before that time, or

• (b) made such a determination after that time following an investigation begun before that time.

• (2) The repeal of section 368Z5 does not affect the application of that section (as modified by section 368Z10) after the repeal time in a case in which—

• (a) OFCOM are satisfied that a person failed to comply with a requirement under section 368Z10 imposed before that time, or

• (b) OFCOM are satisfied that a person failed to comply with a requirement imposed after that time under section 368Z10 as it has effect in a case mentioned in paragraph 30(1).

• (3) The repeal of sections 368Z7 (directions under sections 368Z5 and 368Z6) and 368Z8 (offence relating to such directions) does not affect the application of those sections after the repeal time in connection with a direction given under section 368Z5 as it has effect by virtue of this paragraph.

Introduction

Overview of Act

“User-to-user service” and “search service”

“Regulated service”, “Part 3 service” etc

Disapplication of Act to certain parts of services

Overview of Part 3

Providers of user-to-user services: duties of care

Scope of duties of care

Illegal content risk assessment duties

Safety duties about illegal content

Children’s risk assessment duties

Safety duties protecting children

Safety duties protecting children: interpretation

Assessment duties: user empowerment

User empowerment duties

User empowerment duties: interpretation

Duties to protect content of democratic importance

Duties to protect news publisher content

Duties to protect journalistic content

Duty about content reporting

Duties about complaints procedures

Duties about freedom of expression and privacy

Record-keeping and review duties

Providers of search services: duties of care

Scope of duties of care

Illegal content risk assessment duties

Safety duties about illegal content

Children’s risk assessment duties

Safety duties protecting children

Safety duties protecting children: interpretation

Duty about content reporting

Duties about complaints procedures

Duties about freedom of expression and privacy

Record-keeping and review duties

Children’s access assessments

Duties about children’s access assessments

Meaning of “likely to be accessed by children”

Duties about fraudulent advertising: Category 1 services

Duties about fraudulent advertising: Category 2A services

Fraud etc offences

Codes of practice about duties

Codes of practice: principles, objectives, content

Procedure for issuing codes of practice

Secretary of State’s powers of direction

Procedure for issuing codes of practice following direction under section 44

Publication of codes of practice

Review of codes of practice

Minor amendments of codes of practice

Relationship between duties and codes of practice

Effects of codes of practice

Duties and the first codes of practice

OFCOM’s guidance about certain duties in Part 3

OFCOM’s guidance about protecting women and girls

“Regulated user-generated content”, “user-generated content”, “news publisher content”

“Recognised news publisher”

“Search content”, “search results” etc

Restricting users’ access to content

“Illegal content” etc

“Priority content that is harmful to children”

“Primary priority content that is harmful to children”

“Priority content that is harmful to children”

Content harmful to children: OFCOM’s review and report

User identity verification

Duty to notify OFCOM

Duty to pay fees

Regulations by OFCOM about qualifying worldwide revenue etc

Threshold figure

Secretary of State’s guidance about fees

OFCOM’s fees statements

Recovery of OFCOM’s initial costs

Meaning of “charging year” and “initial charging year”

General duties of OFCOM under section 3 of the Communications Act

Duties in relation to strategic priorities

Duty to carry out impact assessments

Meaning of threshold conditions etc

Register of categories of certain Part 3 services

Duty to maintain register

List of emerging Category 1 services

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

OFCOM’s guidance about risk assessments

Power to require information

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

Information notices

Requirement to name a senior manager

Co-operation and disclosure of information: overseas regulators

Investigations

Power to require interviews

Powers of entry, inspection and audit

Amendment of Criminal Justice and Police Act 2001

Offences in connection with information notices

Senior managers’ liability: information offences

Offences in connection with notices under Schedule 12

Other information offences

Penalties for information offences

Co-operation and disclosure of information: overseas regulators

Penalties for information offences

Intelligence service information

Provision of information to the Secretary of State

Amendment of Enterprise Act 2002

Information for users of regulated services

Admissibility of statements

Notices to deal with terrorism content or CSEA content (or both)

Requirement to obtain skilled person’s report

Warning notices

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

Notices under section 121(1): supplementary

Confirmation decisions: penalties

OFCOM’s guidance about functions under this Chapter

OFCOM’s annual report

Interpretation of this Chapter

Provisional notice of contravention

Requirements enforceable by OFCOM against providers of regulated services

Confirmation decisions

Confirmation decisions: requirements to take steps

Confirmation decisions: risk assessments

Confirmation decisions: children’s access assessments

Confirmation decisions: proactive technology

Confirmation decisions: penalties

Confirmation decisions: offences

Penalty for failure to comply with confirmation decision

Penalty for failure to comply with notice under section 121(1)

Non-payment of fee

Information to be included in notices under sections 140 and 141

Amount of penalties etc

Service restriction orders

Interim service restriction orders

Access restriction orders

Interim access restriction orders

Interaction with other action by OFCOM

Publication by OFCOM of details of enforcement action

Publication by providers of details of enforcement action

OFCOM’s guidance about enforcement action

Advisory committee on disinformation and misinformation

Functions of the Content Board

Research about users’ experiences of regulated services

Consumer consultation

OFCOM’s statement about freedom of expression and privacy

OFCOM’s reports about use of age assurance

OFCOM’s reports about news publisher content and journalistic content

OFCOM’s transparency reports

OFCOM’s report about reporting and complaints procedures

OFCOM’s report about use of app stores by children

OFCOM’s report about researchers’ access to information

OFCOM’s report in connection with investigation into a death

OFCOM’s reports

Media literacy

Media literacy strategy and media literacy statement

Appeals against OFCOM decisions relating to the register under section 95

Appeals against OFCOM notices

Power to make super-complaints

Procedure for super-complaints

OFCOM’s guidance about super-complaints

Statement of strategic priorities

Consultation and parliamentary procedure

Directions about advisory committees

Directions in special circumstances

Secretary of State’s guidance

Annual report on the Secretary of State’s functions

Review

False communications offence

Exemptions from offence under section 179

Threatening communications offence

Interpretation of sections 179 to 181

Providers’ judgements about the status of content

Offence of encouraging or assisting serious self-harm

Extra-territorial application and jurisdiction

Liability of corporate officers

Sending etc photograph or film of genitals

Sharing or threatening to share intimate photograph or film

Repeals in connection with offences under sections 179 and 181

Repeals in connection with offences under section 188

Consequential amendments

Providers’ judgements about the status of content

“Provider” of internet service

“User”, “United Kingdom user” and “interested person”

“Internet service”

“Search engine”

“Age verification” and “age estimation”

“Proactive technology”

Content communicated “publicly” or “privately”

“Functionality”

“Online safety functions” and “online safety matters”

Interpretation: general

Index of defined terms

Financial provisions

Extent

Commencement and transitional provision

Short title

Email services

SMS and MMS services

Services offering only one-to-one live aural communications

Limited functionality services

Services which enable combinations of user-generated content

Index of defined terms

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

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

Services provided by public bodies

Services provided by persons providing education or childcare

Interpretation

England

Scotland

Wales

Northern Ireland

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

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

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

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

Children’s risk assessments

Regulations specifying threshold conditions for categories of Part 3 services

Interpretation of this Part

Application of paragraphs 12 to 14

Illegal content risk assessments and children’s access assessments

Section 15(2) assessments

Application of paragraphs 16 to 20

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

Section 15(2) assessments of Part 4B part

Application of Part 1 and paragraph 6

Application of paragraph 5

Interpretation of this Schedule

Extension of three-month periods

General principles

Inchoate offences

Inchoate offences

Inchoate offences

Assisting suicide

Internal business services (entire internet service)

Internal business services (part of internet service)

Services provided by public bodies

Services provided by persons providing education or childcare

On-demand programme services (entire internet service)

On-demand programme services (part of internet service)

Interpretation

Recovery of initial costs

Recovery of initial costs: first phase

Further recovery of initial costs

End of the recovery process

Providers for part of a year only

Calculation of the recoverable amount

Regulations about recovery of initial costs

Interpretation

Regulations specifying threshold conditions for categories of Part 3 services

Authorised persons

Power of entry and inspection without a warrant

Notice requiring information, documents or tests at inspection

Audit

Conditions for issue of a warrant

Evidence of authority

Powers exercisable by warrant

Powers of seizure: supplementary

Further provision about executing warrants

Return of warrants

Restrictions on powers

Offences

Interpretation

Meaning of “penalty” in this Schedule

Amount of penalties: principles

Limitation to type and amount of penalties previously proposed

Maximum amount of penalties

Maximum amount of penalties: group of entities

Recovery of penalties

Football Spectators Act 1989

Sexual Offences Act 2003

Regulatory Enforcement and Sanctions Act 2008

Elections Act 2022

Children and Young Persons Act 1933

Visiting Forces Act 1952

Children and Young Persons Act (Northern Ireland) 1968 (c. 34 (N.I.))

Criminal Attempts Act 1981

Criminal Attempts and Conspiracy (Northern Ireland) Order 1983 (S.I. 1983/1120 (N.I. 13))

Armed Forces Act 2006

Serious Crime Act 2007

Children and Young Persons Act 1933

Police and Criminal Evidence Act 1984

Sexual Offences (Amendment) Act 1992

Sexual Offences Act 2003

Criminal Justice Act 2003

Anti-social Behaviour, Crime and Policing Act 2014

Modern Slavery Act 2015

Sentencing Act 2020

Elections Act 2022

Criminal Justice and Courts Act 2015

Domestic Abuse Act 2021

Overseas Operations (Service Personnel and Veterans) Act 2021

Criminal Justice (Electronic Commerce) (Amendment) (EU Exit) Regulations 2021 (S.I. 2021/835)

Joint provisional notices of contravention

Pre-existing Part 4B services which are regulated user-to-user services

Editorial notes