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Online Safety Bill

A Bill to make provision for and in connection with the regulation by OFCOM of certain internet services; for and in connection with communications offences; and for connected purposes

The analysis below is based on the latest amended version of the bill found on 29th July 2023. You can find the exact PDF document here: https://bills.parliament.uk/publications/52368/documents/3841

TL;DR:

Introduces a regulatory framework for online safety, governed by OFCOM. It mandates services to minimize risks from harmful content, especially for children, and gives OFCOM enforcement powers, including fines. The bill creates new cybercrimes, such as triggering epilepsy with flashing images and non-consensual sharing of intimate images. While enhancing safety, it poses a significant compliance challenge for tech firms and raises concerns over balancing safety and civil liberties.

Concerns:

The Online Safety Bill, while imposing duties on tech companies to remove harmful content, sparks significant concerns. The expanded powers of OFCOM and mandatory monitoring technology could infringe on privacy and risk over-filtering content. New online communication offenses might stifle free speech, and identity verification requirements could exclude marginalized groups. With the potential to undermine encryption and giving tech companies the power to restrict access, the bill could impact digital rights and civil liberties.

Detailed Overview:

The Online Safety Bill establishes a new regulatory framework, enforced by OFCOM, aimed at improving online safety, particularly for children. This bill categorizes internet services into user-to-user services, search services, and combined services.

New duties and requirements are imposed on online services, which include the obligation to protect users from illegal content and activities, assess risks for services likely accessed by children and protect them from harmful content, verify users' identities for certain services, and provide transparency reports about content removals, complaints, and more.

The bill grants new powers to OFCOM, giving it audit and inspection capabilities related to regulated services. It also allows the regulator to issue notices dealing with terrorist content and child sexual exploitation/abuse content, and impose financial penalties for non-compliance.

Specific regulations are imposed to prevent children from accessing pornographic content on these services. Furthermore, the bill creates offences related to harmful online communications, which include the transmission of false information, flashing images, encouraging self-harm, and sharing intimate images without consent. Existing laws around cyberbullying and revenge porn are also repealed.

Key aspects:

  1. Child Safety: The bill introduces new duties on service providers to protect children from harmful content online, including preventing access to pornography and other age-restricted content, and safeguarding against risks like bullying, self-harm, or eating disorders.

  2. Transparency Reporting: The bill requires social media platforms and similar companies to publish transparency reports detailing their handling of harmful content. This provides citizens with insight into how these platforms address issues like misinformation, hate speech, and terrorist content.

  3. Illegal Content: The bill obligates companies to minimize users' exposure to clearly illegal content, such as child sexual abuse material, terrorist content, and images shared without consent.

  4. Free Speech Protections: Companies are required to protect users' rights to freedom of expression when implementing safety measures and policies, ensuring that safety efforts won't infringe upon legitimate free speech.

  5. User Empowerment: The bill stipulates that companies implement features allowing users to control the content they see, such as filtering and blocking tools, empowering users to shape their own online experiences.

  6. Complaints Procedures: Companies must establish easy-to-use complaint systems for users to flag inappropriate or illegal content.

In summary, the Online Safety Bill attempts to strike a balance between safety and freedom of expression online, introducing new obligations and responsibilities for online service providers, while also providing users with tools and avenues to control and influence their online experiences.

Below we have highlighted changes found in the most recent amended version of the bill that was found on the analysis-date of 29th July 2023, so it may not reflect latest changes. Those highest up have been flagged as impactful or worthy of public scutiny or attention. These are the likely to be the highest signal parts of the bill; members of the public might benefit from seeing these.

Important: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis.

You are urged to read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3137

    • 🔴 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 110(1), 110(3), 110(4), 110(5), 111(2), 112(1), 112(2), 112(3), 113(1), 113(2), 113(3), 114(1)

    The proposed changes introduce new offences related to non-compliance with information notices, providing false or encrypted information, and suppressing, destroying, or altering required information. It also introduces offences for senior managers who fail to prevent these offences from being committed by their entities. Penalties for these offences are also defined.

    Exemplar quote from bill: ...023.” Information offences and penalties 110 Offences in connection with information notices (1) A person commits an offence if the person fails to comply with a requirement of an information notice. ...(2) It is a defence for a person charged with an offence under subsection (1) to show that— (a) it was not reasonably practicable to comply with the requirements of the information notice at the time required by the notice, but (b) the person has subsequently taken all reasonable steps to comply with those requirements.... (3) A person commits an offence if, in response to an information notice— (a) the person provides information that is false in a material respect, and (b) at the time the person provides it, the pers...
    • ‼️ Justice System

      The proposed changes significantly impact the justice system by introducing new offences and penalties related to information handling and compliance. This could lead to increased prosecutions and fines for non-compliance.

    • ‼️ Digital Privacy

      The proposed changes could impact digital privacy by criminalizing the provision of encrypted information in response to an information notice, potentially discouraging the use of encryption and impacting privacy protections.

    • ‼️ Tech Company Regulation

      The proposed changes could significantly impact tech companies, particularly those providing online services, by introducing new compliance requirements and penalties for non-compliance. This could lead to increased regulatory burden and potential legal risks for these companies.

    • 🔴 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: repeal

    Part 4B of the Communications Act

    The bill proposes the repeal of Part 4B of the Communications Act, which pertains to video-sharing platform services.

    Exemplar quote from bill: ... sums into the Consolidated Fund Publication by OFCOM 208 Publication by OFCOM Service of notices 209 Service of notices Repeals and amendments 210 Amendments of Part 4B of the Communications Act 211 ...Repeal of Part 4B of the Communications Act... 212 Repeal of Part 4B of the Communications Act: transitional provision etc 213 Repeals: Digital Economy Act 2017 214 Offence under the Obscene Publications Act 1959: OFCOM defence 215 Offences regar...
    • ‼️ Internet Governance

      (Variously affected)

    • 🔴 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: repeal

    Parts of the Digital Economy Act 2017

    The bill proposes the repeal of Part 3 of the Digital Economy Act 2017, which pertains to online pornography, and section 103, which pertains to the code of practice for providers of online social media platforms.

    Exemplar quote from bill: ...ial costs), and in particular how fees chargeable under that Schedule may be calculated, in respect of charging years to which Part 3 of Schedule 17 relates. 213 Repeals: Digital Economy Act 2017 (1) ...The Digital Economy Act 2017 is amended as follows. Omit— (a) Part 3 (online pornography), and (b) section 119(10) and (11) (power to extend that Part to the Channel Islands or the Isle of Man). Omit section 103 (code of practice for providers of online social media platforms)....tforms). 214 Offence under the Obscene Publications Act 1959: OFCOM defence (1) Section 2 of the Obscene Publications Act 1959 (prohibition of publication of obscene matter) is amended in accordance w...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🔴 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Part 11 — Supplementary and general

    The Secretary of State is given the power to amend Schedule 5, which pertains to terrorism offences, and Part 1 of Schedule 6, which pertains to child sexual exploitation and abuse offences.

    Exemplar quote from bill: ...childcare”; “education”; “education in agriculture and related subjects”; “further education”; “higher education”; “primary education”; “secondary education”. 223 Powers to amend Schedules 5, 6 and 7 ...(1) The Secretary of State may by regulations amend— (a) Schedule 5 (terrorism offences); (b) Part 1 of Schedule 6 (child sexual exploitation and abuse offences).... (2) The Scottish Ministers may by regulations amend Part 2 of Schedule 6. (3) The Secretary of State may by regulations amend Schedule 7 (priority offences). But an offence may be added to that Sched...
    • ‼️ Justice System

      This change could have a significant impact on the justice system, as it gives the Secretary of State the power to amend regulations related to terrorism offences and child sexual exploitation and abuse offences.

    • ‼️ Human Rights

      This change could also impact human rights, particularly the rights of children, as it pertains to the regulation of child sexual exploitation and abuse offences.

    • 🔴 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 70

    A new offence is created for providing false information in compliance with a requirement under section 67. The penalties for this offence vary depending on the jurisdiction, but can include imprisonment and/or a fine.

    Exemplar quote from bill: ...itted purpose”, after paragraph (o) insert— “(oa) the exercise of any function of OFCOM (the Office of Communications) under the Online Safety Act 2023;”. 70 Offence in relation to CSEA reporting (1) ...A person commits an offence if, in purported compliance with a requirement under section 67— (a) the person provides information that is false in a material respect, and (b) at the time the person provides it, the person knows that it is false in a material respect or is reckless as to whether it is false in a material respect.... (2) A person who commits an offence under this section is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or...
    • ‼️ Justice System

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Offences related to online communication

    The bill introduces new offences related to false and threatening online communications, as well as exemptions and interpretations for these offences.

    Exemplar quote from bill: ...177 Secretary of State’s guidance Annual report 178 Annual report on the Secretary of State’s functions Review 179 Review PART 10 COMMUNICATIONS OFFENCES False and threatening communications offences ...180 False communications offence 181 Exemptions from offence under section 180 182 Threatening communications offence 183 Interpretation of sections 180 to 182... of sending or showing flashing images 184 Offences of sending or showing flashing images electronically Offence of encouraging or assisting serious self-harm 185 Offence of encouraging or assisting s...
    • ‼️ Justice System

      These new offences could significantly impact the justice system, potentially leading to increased prosecutions for online communication offences.

    • ‼️ Human Rights

      Depending on how these offences are defined and enforced, they could also impact freedom of speech and other human rights.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Power to regulate app stores

    The bill introduces the power to regulate app stores, though the specific details are not provided in the excerpt.

    Exemplar quote from bill: ...al Economy Act 2017 214 Offence under the Obscene Publications Act 1959: OFCOM defence 215 Offences regarding indecent photographs of children: OFCOM defence Power to amend Act to regulate app stores ...216 Power to regulate app stores... 217 Power to regulate app stores: supplementary Power to amend Act: alternative dispute resolution 218 Power to impose duty about alternative dispute resolution procedure Online Safety Bill xi Other ...
    • ‼️ Tech Company Regulation

      This could have significant implications for tech companies that operate app stores, potentially leading to increased regulation and oversight.

    • ‼️ Digital Economy

      This could also impact the digital economy, potentially affecting the operations of app developers and other businesses that rely on app stores.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 101 - Power to require information

    The bill proposes that OFCOM may require certain persons to provide any information necessary for the purpose of exercising their online safety functions. This includes the power to require these persons to obtain or generate information, provide information about the use of a service by a named individual, and take steps so that OFCOM can remotely access the service or equipment used by the service.

    Exemplar quote from bill: ...arm mentioned in section 99(1)(c); “risk profiles” means risk profiles prepared under section 99. CHAPTER 4 INFORMATION Information powers and information notices 101 Power to require information (1) ...OFCOM may by notice under this subsection require a person within subsection (5) to provide them with any information that they require for the purpose of exercising, or deciding whether to exercise, any of their online safety functions.... (2) The power conferred by subsection (1) includes power to require a person within subsection (5) to— (a) obtain or generate information; (b) provide information about the use of a service by a name...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Cybersecurity

      (Variously affected)

    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Service restriction orders and Interim service restriction orders

    The bill introduces the concept of "service restriction orders" and "interim service restriction orders". These orders can be imposed by the court on a person providing an ancillary service related to a regulated service if certain conditions are met. The court must consider the rights and obligations of all relevant parties when making such an order. The order must identify the non-compliant provider and the persons on whom the requirements are imposed, specify the steps to be taken or arrangements to be put in place, and specify the date by which the requirements must be complied with and the date on which the order expires. OFCOM must inform the Secretary of State as soon as reasonably practicable after a service restriction order has been made. The bill also defines what constitutes an "ancillary service" and specifies the courts that can issue these orders.

    Exemplar quote from bill: ...h persons, and (g) in the case of an application made without notice having been given to the non-compliant provider, or to the persons mentioned in paragraph (d), state why no notice has been given. ...(6) The court may make a service restriction order imposing requirements on a person in relation to the relevant service if the court is satisfied—... (a) as to the grounds in subsection (3) or the grounds in subsection (4) (as the case may be), (b) that the person provides an ancillary service in relation to the relevant service, (c) that it is ap...
    • ‼️ Justice System

      The introduction of service restriction orders and interim service restriction orders could significantly impact the justice system, as it provides courts with a new tool to regulate online services and protect individuals from harm. This could potentially lead to more cases being brought before the courts and could affect how online services operate and comply with regulations.

    • ‼️ Human Rights

      The introduction of these orders could have implications for human rights, particularly in relation to freedom of expression and privacy. While the orders are intended to prevent harm to individuals, they could potentially be used to restrict access to certain online services or content. This could potentially infringe on individuals' rights to freedom of expression and privacy, depending on how the orders are implemented and enforced.

    • ‼️ Digital Privacy

      The introduction of these orders could have implications for digital privacy, as they could potentially require online service providers to take steps or put in place arrangements that could impact users' privacy. For example, they could require service providers to withdraw certain services or prevent them from promoting or displaying certain content, which could involve monitoring or controlling users' online activities.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 147 - Access restriction orders

    The proposed change introduces the concept of an "access restriction order" that OFCOM can apply for in court. This order can be applied to a regulated service if OFCOM believes that a service restriction order or an interim service restriction order has been insufficient in preventing significant harm to individuals in the UK. The order imposes requirements on one or more persons who provide an access facility to the regulated service. The application for an access restriction order must specify the regulated service, the provider of that service, the grounds on which the application is based, the persons on whom the requirements of the order should be imposed, and the requirements that the order should impose on such persons. The court can make an access restriction order if it is satisfied with the grounds, that the person provides an access facility in relation to the relevant service, that it is appropriate to make the order for the purpose of preventing significant harm to individuals in the UK, and the order is proportionate to the risk of such harm. The court must take into account the rights and obligations of all relevant parties when considering whether to make an access restriction order. The order must identify the non-compliant provider, the persons on whom the requirements are imposed, and any access facility to which the requirements relate. It must also require such persons to take the steps specified in the order, or to put in place arrangements, to withdraw, adapt or manipulate the access facility in order to impede users’ access to the relevant service. The order must specify the date by which the requirements in the order must be complied with, and the date on which the order expires, or the period for which the order has effect. The steps that may be specified or arrangements that may be required to be put in place include steps or arrangements that will or may require the termination of an agreement, or the prohibition of the performance of such an agreement. These steps or arrangements are limited, so far as that is possible, to steps or arrangements that impede the access of UK users, and are limited, so far as that is possible, to steps or arrangements that do not affect such users’ ability to access any other internet services. OFCOM must inform the Secretary of State as soon as reasonably practicable after an access restriction order has been made. Where a person who provides an access facility takes steps or puts in place arrangements required by an access restriction order, OFCOM may, by notice, require that person to notify persons in the UK who attempt to access the relevant service via that facility of the access restriction order. For the purposes of this section, a facility is an “access facility” in relation to a regulated service if the person who provides the facility is able to withdraw, adapt or manipulate it in such a way as to impede access to the regulated service by UK users of that service. Examples of access facilities include internet access services by means of which a regulated service is made available, and app stores through which a mobile app for a regulated service may be downloaded or otherwise accessed.

    Exemplar quote from bill: ...der that section. (9) In this section, “ancillary service” and “the court” have the same meaning as in section 145 (see subsections (11), (12) and (13) of that section). 147 Access restriction orders ...(1) OFCOM may apply to the court for an order under this section (an “access restriction order”) in relation to a regulated service where they consider that— (a) the grounds in section 145(3) or (4) apply in relation to the service, and (b) either— (i) a service restriction order under section 145 or an interim service restriction order under section 146 has been made in relation to the failure, and it was not sufficient to prevent significant harm arising to individuals in the United Kingdom as a result of the failure, or (ii) the likely consequences of the failure are such that if a service restriction order or an interim service restriction order were to be made, it would be unlikely to be sufficient to prevent significant harm arising to individuals in the United Kingdom as a result of the failure, and in this paragraph, “the failure” means the failure mentioned in section 145(3)(a) or (4)(a) (as the case may be).... (2) An access restriction order is an order imposing requirements on one or more persons who provide an access facility (whether from within or outside the United Kingdom) in relation to a regulated ...
    • ‼️ Human Rights

      This change could potentially impact human rights, particularly the right to freedom of expression and access to information, as it allows for the restriction of access to certain online services. However, it is designed to prevent significant harm to individuals in the UK, which could be seen as a positive impact on human rights.

    • ‼️ Digital Privacy

      This change could potentially impact digital privacy, as it allows for the restriction of access to certain online services. However, it is designed to prevent significant harm to individuals in the UK, which could be seen as a positive impact on digital privacy.

    • ‼️ Tech Company Regulation

      This change could have a significant impact on tech company regulation, as it allows OFCOM to impose requirements on tech companies that provide an access facility to a regulated service. This could potentially lead to increased regulation and oversight of tech companies.

    • ‼️ Internet Governance

      This change could have a significant impact on internet governance, as it allows for the restriction of access to certain online services. This could potentially lead to increased regulation and oversight of the internet.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: repeal

    Section 190 of the Online Safety Bill

    This change repeals certain provisions of the Communications Act and the Malicious Communications Act, presumably to be replaced by the new offences introduced in the Online Safety Bill.

    Exemplar quote from bill: ...” 5 10 15 20 25 30 35 40 Online Safety Bill Part 10 — Communications offences 170 Repeals and amendments in connection with offences 190 Repeals in connection with offences under sections 180 and 182 ...(1) Section 127(2)(a) and (b) of the Communications Act (false messages) is repealed so far as it extends to England and Wales and Northern Ireland. (2) The following provisions of the Malicious Communications Act 1988 are repealed— (a) section 1(1)(a)(ii), (b) section 1(1)(a)(iii), and (c) section 1(2).... (3) The following provisions of the Malicious Communications (Northern Ireland) Order 1988 (S.I. 1988/1849 (N.I. 18)) are repealed— (a) Article 3(1)(a)(ii), (b) Article 3(1)(a)(iii), and (c) Article ...
    • ‼️ Justice System

      This change could impact the justice system, as it repeals existing offences related to false messages and malicious communications. This could potentially change how such offences are prosecuted.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Power to amend Act to regulate app stores

    The bill proposes to give the Secretary of State the power to amend the Act to regulate app stores.

    Exemplar quote from bill: ...he purposes of OFCOM’s exercise of any of those functions.” (9) After paragraph (2) insert— “(3) In this Article “OFCOM” means the Office of Communications.” Power to amend Act to regulate app stores ...216 Power to regulate app stores (1) Subject to the following provisions of this section and section 217, the Secretary of State may by regulations amend any provision of this Act to make provision for or in connection with the regulation of internet services that are app stores.... (2) Regulations under this section may not be made before OFCOM have published a report under section 162 (report about use of app stores by children). (3) Regulations under this section may be made ...
    • ‼️ Tech Company Regulation

      This change could significantly impact the operations of tech companies that run app stores.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Schedule 12 — OFCOM’s powers of entry, inspection and audit

    The bill proposes that OFCOM may authorise individuals to exercise powers of entry and inspection, carry out audits in accordance with notices, and apply for and execute a warrant.

    Exemplar quote from bill: ...me meaning as in Part 3 (see section 55); “search content” has the same meaning as in Part 3 (see section 57). SCHEDULE 12 Section 108 OFCOM’S POWERS OF ENTRY, INSPECTION AND AUDIT Authorised persons ...1 (1) OFCOM may authorise persons to— (a) exercise powers of entry and inspection under paragraph 2; (b) carry out audits in accordance with notices under paragraph 4; (c) apply for a warrant to be issued under paragraph 5, and execute such a warrant that has been issued....; (c) apply for a warrant to be issued under paragraph 5, and execute such a warrant that has been issued. (2) “Authorised person” means— (a) in paragraph 2, a person authorised for the purposes menti...
    • ‼️ Government Power

      This change expands OFCOM's powers by allowing it to authorise individuals to carry out inspections, audits, and warrant applications and executions. This could significantly impact how OFCOM enforces regulations.

    • 🟠 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Schedule 15 — Liability of parent entities etc

    The proposed changes in the Online Safety Bill introduce new regulations that allow OFCOM to hold parent entities, subsidiary entities, fellow subsidiary entities, and controlling individuals liable for contraventions related to regulated services. The provisional notice of contravention can be given either to the entity alone or jointly to the entity and its parent, subsidiary, fellow subsidiary, or controlling individuals.

    Exemplar quote from bill: ...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 ...
    • ‼️ Economic Impact

      The proposed changes could have significant economic implications for parent and subsidiary entities, as well as individuals who control entities, as they could be held liable for contraventions related to regulated services. This could potentially lead to increased costs related to compliance and penalties.

    • ‼️ Justice System

      The proposed changes could impact the justice system by potentially increasing the number of cases related to contraventions of regulated services, as liability is extended to parent and subsidiary entities, as well as controlling individuals.

    • ‼️ Tech Company Regulation

      The proposed changes could have significant implications for tech companies, particularly those with complex corporate structures, as they could be held liable for contraventions related to regulated services.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (4)

    This change allows providers to take down news publisher content without following the process outlined in subsection (3) if they reasonably believe that they would incur criminal or civil liability if the content were not removed quickly.

    Exemplar quote from bill: ... make representations, (b) to consider any representations that are made, and (c) to notify the recognised news publisher of the decision and the reasons for it (addressing any representations made). ...(4) If a provider of a service reasonably considers that the provider would incur criminal or civil liability in relation to news publisher content present on the service if it were not taken down swiftly, the provider may take down that content without having taken the steps set out in subsection (3).... (5) A provider of a service may also take down news publisher content present on the service without having taken the steps set out in subsection (3) if that content amounts to a relevant offence (se...
    • ‼️ Freedom of Information

      This change could potentially limit the freedom of information by allowing providers to remove news publisher content without giving the news publisher an opportunity to respond.

    • ‼️ Justice System

      This change could have implications for how disputes between providers and news publishers are resolved in the justice system, particularly in cases where the provider has removed content due to concerns about liability.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (5)

    This change allows providers to take down news publisher content without following the process outlined in subsection (3) if the content constitutes a relevant offence.

    Exemplar quote from bill: ...ility in relation to news publisher content present on the service if it were not taken down swiftly, the provider may take down that content without having taken the steps set out in subsection (3). ...(5) A provider of a service may also take down news publisher content present on the service without having taken the steps set out in subsection (3) if that content amounts to a relevant offence (see section 59 and also subsection (10) of this section).... (6) Subject to subsection (8), if a provider takes action in relation to news publisher content or against a recognised news publisher without having taken the steps set out in subsection (3), a duty...
    • ‼️ Freedom of Information

      This change could potentially limit the freedom of information by allowing providers to remove news publisher content without giving the news publisher an opportunity to respond.

    • ‼️ Justice System

      This change could have implications for how disputes between providers and news publishers are resolved in the justice system, particularly in cases where the provider has removed content due to it constituting a relevant offence.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Effects of codes of practice

    The bill introduces a provision that a failure by a provider of a Part 3 service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings in a court or tribunal.

    Exemplar quote from bill: ...o-user service— (i) a Chapter 2 safety duty, or (ii) a duty set out in section 15 (user empowerment); (b) in the case of a search service, a Chapter 3 safety duty. 50 Effects of codes of practice (1) ...A failure by a provider of a Part 3 service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings in a court or tribunal.... (2) A code of practice is admissible in evidence in legal proceedings. (3) In any proceedings in a court or tribunal, the court or tribunal must take into account a provision of a code of practice in...
    • ‼️ Justice System

      The provision could potentially affect the legal processes related to the enforcement of the code of practice on providers of Part 3 services.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Definition of "Regulated user-generated content", "user-generated content", "news publisher content"

    The bill proposes definitions for "Regulated user-generated content", "user-generated content", and "news publisher content". The definition of "Regulated user-generated content" excludes emails, SMS messages, MMS messages, one-to-one live aural communications, comments and reviews on provider content, identifying content that accompanies content within any of the previous categories, and news publisher content.

    Exemplar quote from bill: ...acement guidance). CHAPTER 7 INTERPRETATION OF PART 3 55 “Regulated user-generated content”, “user-generated content”, “news publisher content” (1) This section applies for the purposes of this Part. ...(2) “Regulated user-generated content”, in relation to a regulated user-to-user service, means user-generated content, except— (a) emails, (b) SMS messages, (c) MMS messages, (d) one-to-one live aural communications (see subsection (5)), (e) comments and reviews on provider content (see subsection (6)), (f) identifying content that accompanies content within any of paragraphs (a) to (e), and (g) news publisher content (see subsection (8)).... (3) “User-generated content”, in relation to a user-to-user service, means content— (a) that is— (i) generated directly on the service by a user of the service, or (ii) uploaded to or shared on the s...
    • ‼️ Digital Privacy

      The definition of "Regulated user-generated content" could potentially impact digital privacy by determining what types of user-generated content are subject to regulation.

    • ‼️ Freedom of Information

      The definition of "news publisher content" could potentially impact freedom of information by determining what types of content are considered to be news publisher content.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Definition of "Recognised news publisher"

    The bill proposes a definition for "Recognised news publisher", which includes the British Broadcasting Corporation, Sianel Pedwar Cymru, the holder of a licence under the Broadcasting Act 1990 or 1996 who publishes news-related material in connection with the broadcasting activities authorised under the licence, and any other entity which meets all of the conditions in subsection (2), is not an excluded entity, and is not a sanctioned entity.

    Exemplar quote from bill: ... 35 40 45 Online Safety Bill Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care Chapter 7 — Interpretation of Part 3 55 56 “Recognised news publisher” ...(1) In this Part, “recognised news publisher” means any of the following entities— (a) the British Broadcasting Corporation, (b) Sianel Pedwar Cymru, (c) the holder of a licence under the Broadcasting Act 1990 or 1996 who publishes news-related material in connection with the broadcasting activities authorised under the licence, and (d) any other entity which— (i) meets all of the conditions in subsection (2), (ii) is not an excluded entity (see subsection (3)), and (iii) is not a sanctioned entity (see subsection (4)).... (2) The conditions referred to in subsection (1)(d)(i) are that the entity— (a) has as its principal purpose the publication of news-related material, and such material— (i) is created by different p...
    • ‼️ Freedom of Information

      The definition of "Recognised news publisher" could potentially impact freedom of information by determining what entities are considered to be recognised news publishers.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (2)

    The bill proposes conditions for an entity to be considered a publisher of news-related material. These conditions include having the principal purpose of publishing news-related material, being subject to a standards code, having policies for handling complaints, having a registered office in the UK, and being legally responsible for the material published in the UK.

    Exemplar quote from bill: ...nce, and (d) any other entity which— (i) meets all of the conditions in subsection (2), (ii) is not an excluded entity (see subsection (3)), and (iii) is not a sanctioned entity (see subsection (4)). ...(2) The conditions referred to in subsection (1)(d)(i) are that the entity— (a) has as its principal purpose the publication of news-related material, and such material— (i) is created by different persons, and (ii) is subject to editorial control, (b) publishes such material in the course of a business (whether or not carried on with a view to profit), (c) is subject to a standards code, (d) has policies and procedures for handling and resolving complaints, (e) has a registered office or other business address in the United Kingdom, (f) is the person with legal responsibility for material published by it in the United Kingdom, and (g) publishes— (i) the entity’s name, the address mentioned in paragraph (e) and the entity’s registered number (if any), and (ii) the name and address of any person who controls the entity (including, where such a person is an entity, the address of that person’s registered or principal office and that person’s registered number (if any)).... (3) An “excluded entity” is an entity— (a) which is a proscribed organisation under the Terrorism Act 2000 (see section 3 of that Act), or (b) the purpose of which is to support a proscribed organisa...
    • ‼️ Freedom of Information

      This change could potentially impact the freedom of information, as it sets out specific conditions for an entity to be considered a publisher of news-related material. This could potentially limit the number of entities that can be considered publishers, thereby affecting the diversity of news sources available to the public.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Subsection (11)

    The bill proposes that for the purposes of determining whether content amounts to an offence, it does not matter whether or not anything done in relation to the content takes place in any part of the United Kingdom.

    Exemplar quote from bill: ...that amounts to an offence specified in Schedule 6. (10) “Priority illegal content” means— (a) terrorism content, (b) CSEA content, and (c) content that amounts to an offence specified in Schedule 7. ...(11) For the purposes of determining whether content amounts to an offence, no account is to be taken of whether or not anything done in relation to the content takes place in any part of the United Kingdom.... (12) References in subsection (3) to conduct of particular kinds are not to be taken to prevent content generated by a bot or other automated tool from being capable of amounting to an offence (see a...
    • ‼️ Internet Governance

      This change could have implications for the governance of online content, as it suggests that the location of the content or the actions related to it within the UK do not affect whether it is considered an offence.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 68

    The Secretary of State is required to make regulations regarding the reports to be made to the National Crime Agency (NCA), including the information to be included, the format, the manner of sending, the time frames, the records to be kept, and other matters. The regulations may also require providers to retain data associated with a report for a specified period and impose restrictions or requirements on the retention of such data.

    Exemplar quote from bill: ...are defined in section 71. (10) This section applies only in relation to CSEA content detected on or after the date on which this section comes into force. 68 Regulations about reports to the NCA (1) ...The Secretary of State must make regulations in connection with the reports that are to be made to the NCA (including by non-UK providers) as required by section 67.... (2) The regulations may make provision about— (a) the information to be included in the reports, (b) the format of the reports, (c) the manner in which the reports must be sent to the NCA, (d) the ti...
    • ‼️ National Security

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • ‼️ Digital Privacy

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (84)

    The bill introduces a new duty for providers of regulated services to notify OFCOM in relation to a charging year which is the first fee-paying year in relation to that provider, or any charging year after the first fee-paying year where the previous charging year was not a fee-paying year in relation to the provider, and the charging year in question is a fee-paying year in relation to the provider.

    Exemplar quote from bill: ...FCOM must keep the guidance under review. (8) OFCOM must publish the guidance (and any revised or replacement guidance). PART 6 DUTIES OF PROVIDERS OF REGULATED SERVICES: FEES 84 Duty to notify OFCOM ...(1) A provider of a regulated service must notify OFCOM in relation to a charging year which is— (a) the first fee-paying year in relation to that provider, or (b) any charging year after the first fee-paying year where— (i) the previous charging year was not a fee-paying year in relation to the provider, and the charging year in question is a fee-paying year in relation to the provider, or (ii) the previous charging year was a fee-paying year in relation to the provider, and the charging year in question is not a fee-paying year in relation to the provider....2) A “fee-paying year”, in relation to a provider, means a charging year where both of the following conditions apply— (a) the provider’s qualifying worldwide revenue for the qualifying period that re...
    • ‼️ Economic Impact

      This change could have financial implications for providers of regulated services, as they would be required to notify OFCOM in relation to a charging year.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (85)

    The bill gives OFCOM the power to require a provider of a regulated service to pay a fee in respect of a charging year which is a fee-paying year.

    Exemplar quote from bill: ... of this section and section 85, the “provider” of a regulated service, in relation to a charging year, includes a person who is the provider of the service for part of that year. 85 Duty to pay fees ...(1) OFCOM may require a provider of a regulated service to pay a fee in respect of a charging year which is a fee-paying year.... (2) Where OFCOM require a provider of a regulated service to pay a fee in respect of a charging year, the fee is to be equal to the amount produced by a computation— (a) made by reference to— (i) the...
    • ‼️ Economic Impact

      This change could have financial implications for providers of regulated services, as they could be required to pay a fee in respect of a charging year.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 102: Information in connection with an investigation into the death of a child

    The bill proposes that OFCOM may require a relevant person to provide them with information for the purpose of responding to a notice given by a senior coroner in connection with an investigation into the death of a child. This includes information about the use of a regulated service by the child whose death is under investigation.

    Exemplar quote from bill: ...egulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 80). 102 Information in connection with an investigation into the death of a child ...(1) OFCOM may by notice under this subsection require a relevant person to provide them with information for the purpose of— (a) responding to a notice given by a senior coroner under paragraph 1(2) of Schedule 5 to the Coroners and Justice Act 2009 in connection with an investigation into the death of a child, or preparing a report under section 164 in connection with such an investigation;... (b) responding to a request for information in connection with the investigation of a procurator fiscal into, or an inquiry held or to be held in relation to, the death of a child, or preparing a rep...
    • ‼️ Human Rights

      This change could potentially infringe on privacy rights, depending on how the information is obtained and used. However, it could also help in investigations into the death of a child, potentially leading to justice and closure for affected families.

    • ‼️ Justice System

      This change could provide additional tools for investigations into the death of a child, potentially leading to more effective justice outcomes.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 103: Information notices

    The bill proposes the introduction of "information notices" which may require information in any form. These notices must specify or describe the information to be provided, why OFCOM requires the information, the form and manner in which it must be provided, and the consequences of not complying with the notice.

    Exemplar quote from bill: ... the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2); “relevant person” means a person within any of paragraphs (a) to (e) of section 101(5). 103 Information notices ...(1) A notice given under section 101(1) or 102(1) is referred to in this Act as an information notice. (2) An information notice may require information in any form (including in electronic form). (3) An information notice must— (a) specify or describe the information to be provided, (b) specify why OFCOM require the information, (c) specify the form and manner in which it must be provided, and (d) contain information about the consequences of not complying with the notice.... (4) An information notice must specify when the information must be provided (which may be on or by a specified date, within a specified period, or at specified intervals). (5) An information notice ...
    • ‼️ Human Rights

      This change could potentially infringe on privacy rights, depending on how the information is obtained and used. However, it could also help in investigations and regulatory compliance.

    • ‼️ Justice System

      This change could provide additional tools for investigations and regulatory compliance, potentially leading to more effective justice outcomes.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 104: Requirement to name a senior manager

    The bill proposes that when OFCOM gives a provider of a regulated service an information notice, the provider must name an individual who they consider to be a senior manager of the entity and who may reasonably be expected to ensure compliance with the requirements of the notice.

    Exemplar quote from bill: ...ducing a document are to producing a copy of the information— (a) in a legible form, or (b) in a form from which it can readily be produced in a legible form. 104 Requirement to name a senior manager ...(1) This section applies where— (a) OFCOM give a provider of a regulated service an information notice, and (b) the provider is an entity. (2) OFCOM may include in the information notice a requirement that the provider must name, in their response to the notice, an individual who the provider considers to be a senior manager of the entity and who may reasonably be expected to be in a position to ensure compliance with the requirements of the notice.... (3) If OFCOM impose a requirement to name an individual, the information notice must— (a) require the provider to inform such an individual, and (b) include information about the consequences for suc...
    • ‼️ Human Rights

      This change could potentially infringe on privacy rights, depending on how the information is obtained and used. However, it could also help in investigations and regulatory compliance.

    • ‼️ Justice System

      This change could provide additional tools for investigations and regulatory compliance, potentially leading to more effective justice outcomes.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 110(3), (4) or (5), 111(4), (5) or (6), 112(2) or (3) or 113(1)

    The bill introduces penalties for offences under sections 110(3), (4) or (5), 111(4), (5) or (6), 112(2) or (3) or 113(1). The penalties vary depending on the jurisdiction and the type of conviction, but they can include imprisonment, fines, or both.

    Exemplar quote from bill: ...y conviction in England and Wales, to a fine; (b) on summary conviction in Scotland or Northern Ireland, to a fine not exceeding the statutory maximum; (c) on conviction on indictment, to a fine. (2) ...A person who commits an offence under section 110(3), (4) or (5), 111(4), (5) or (6), 112(2) or (3) or 113(1) is liable— (a) on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both); (b) on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both); (c) on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both); (d) on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).... (3) A person who commits an offence under section 113(2) or (3) is liable— (a) on summary conviction in England and Wales, to a fine; (b) on summary conviction in Scotland, to a fine not exceeding le...
    • ‼️ Justice System

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 137

    The bill introduces a new provision that allows OFCOM to include requirements related to the use of proactive technology in a confirmation decision.

    Exemplar quote from bill: ...s relating to the use of a system or process) for either or both of the following purposes— (a) complying with a notified requirement; (b) remedying the failure to comply with a notified requirement. ...(2) But see section 137 in relation to OFCOM’s power to include in a confirmation decision requirements as described in subsection (1) relating to the use of proactive technology.... (3) A confirmation decision may impose requirements as described in subsection (1) only in relation to the design or operation of a regulated service— (a) in the United Kingdom, or (b) as it affects ...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Confirmation decisions: proactive technology

    The bill introduces a new provision that outlines the powers OFCOM has to include in a confirmation decision a requirement to use a specific kind of proactive technology.

    Exemplar quote from bill: ...cess assessment” has the meaning given by section 35. 5 10 15 20 25 30 35 40 Online Safety Bill Part 7 — OFCOM's powers and duties in relation to regulated services Chapter 6 — Enforcement powers 120 ...137 Confirmation decisions: proactive technology (1) This section sets out what powers OFCOM have to include in a confirmation decision a requirement to take steps to use a kind, or one of the kinds, of proactive technology specified in the decision (a “proactive technology requirement”).... (2) A proactive technology requirement may be imposed in a confirmation decision if— (a) the decision is given to the provider of an internet service within section 81(2), and (b) the decision is imp...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Proactive technology requirement

    The bill proposes the imposition of a proactive technology requirement on internet service providers. This requirement can be imposed if the provider fails to comply with certain duties, such as preventing the spread of illegal content, ensuring children's online safety, and preventing fraudulent advertising.

    Exemplar quote from bill: ...OM have to include in a confirmation decision a requirement to take steps to use a kind, or one of the kinds, of proactive technology specified in the decision (a “proactive technology requirement”). ...(2) A proactive technology requirement may be imposed in a confirmation decision if— (a) the decision is given to the provider of an internet service within section 81(2), and (b) the decision is imposed for the purpose of complying with, or remedying the failure to comply with, the duty set out in section 82(2) (provider pornographic content).... (3) The following provisions of this section set out constraints on OFCOM’s power to include a proactive technology requirement in a confirmation decision in any case not within subsection (2). (4) A...
    • ‼️ Digital Privacy

      This change could potentially impact digital privacy, as it may require service providers to monitor and analyze user-generated content more closely.

    • ‼️ Cybersecurity

      This change could potentially improve cybersecurity by requiring service providers to take proactive measures against illegal content and fraudulent advertising.

    • ‼️ Human Rights

      This change could potentially impact freedom of expression, as it may lead to increased content moderation and censorship.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Penalties and Notices

    The bill proposes changes to the penalties that can be imposed by OFCOM. The penalties can be a single amount, an amount calculated by a daily rate, or a combination of both. The penalty notice may require separate payments for different liabilities. OFCOM can bring proceedings for the recovery of amounts due, but only after a provider has been given a notice specifying the amount due.

    Exemplar quote from bill: ...lure mentioned in subsection (1). (5) OFCOM may give the provider a penalty notice under this subsection requiring the provider to pay to OFCOM a penalty of an amount in sterling determined by OFCOM. ...(7) The penalty may consist of any of the following, depending on what was specified in the notice about the proposed penalty— (a) a single amount; (b) an amount calculated by reference to a daily rate; (c) a combination of a single amount and an amount calculated by reference to a daily rate.... (7) See section 143 for information which must be included in notices under this section. (8) Nothing in this section is to be taken to prevent OFCOM from giving the provider a further notice under s...
    • ‼️ Justice System

      The proposed changes could potentially affect the legal processes involved in the enforcement of online safety regulations. The introduction of different types of penalties and the requirement for a notice specifying the amount due before proceedings can be brought could have implications for how violations of the regulations are handled.

    • ‼️ Economic Impact

      The proposed changes could have economic implications for providers of internet services who violate the regulations. The potential for penalties calculated by a daily rate could result in significant financial penalties for ongoing violations.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Interim access restriction orders

    The bill introduces the concept of an "interim access restriction order" that OFCOM can apply for in court. This order can be applied to a regulated service if OFCOM believes that a service restriction order has been insufficient in preventing significant harm to individuals in the UK, or if the likely consequences of a failure would be such that a service restriction order would be unlikely to prevent significant harm.

    Exemplar quote from bill: ...cess the regulated service; “internet access service” means a service that provides access to virtually all (or just some) of the end points of the internet. 148 Interim access restriction orders (1) ...OFCOM may apply to the court for an interim order under this section (an “interim access restriction order”) in relation to a regulated service where they consider that— (a) the grounds in section 146(3) or (4) apply in relation to the service, and (b) either— (i) a service restriction order under section 145 or an interim service restriction order under section 146 has been made in relation to the likely failure, and it was not sufficient to prevent significant harm arising to individuals in the United Kingdom as a result of the failure, or (ii) the likely consequences of such a failure would be such that if a service restriction order or an interim service restriction order were to be made, it would be unlikely to be sufficient to prevent significant harm arising to individuals in the United Kingdom as a result of the failure, and in this section, “the likely failure” means the likely failure mentioned in section 146(3)(a) or (4)(a) (as the case may be).... 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 7 — OFCOM's powers and duties in relation to regulated services Chapter 6 — Enforcement powers 134 (2) An interim access restriction order is an inte...
    • ‼️ Human Rights

      This change could potentially impact human rights, particularly in relation to freedom of information and expression, as it gives OFCOM the power to restrict access to certain online services. However, it is also designed to protect individuals from significant harm, which is a key aspect of human rights.

    • ‼️ National Security

      This change could potentially impact national security, as it gives OFCOM the power to restrict access to online services that could pose a threat to the safety and security of individuals in the UK.

    • ‼️ Digital Privacy

      This change could potentially impact digital privacy, as it gives OFCOM the power to restrict access to online services, which could potentially include services that individuals use to communicate privately.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Secretary of State's Functions in Relation to Regulated Services

    The bill allows the Secretary of State to designate a statement setting out the strategic priorities of the UK Government relating to online safety matters. This statement can be amended by a subsequent statement, subject to the same consultation and parliamentary procedure as the original statement.

    Exemplar quote from bill: ... publish the guidance (and any revised or replacement guidance). PART 9 SECRETARY OF STATE'S FUNCTIONS IN RELATION TO REGULATED SERVICES Strategic priorities 173 Statement of strategic priorities (1) ...The Secretary of State may designate a statement for the purposes of this section if the requirements set out in section 174 (consultation and parliamentary procedure) are satisfied.... (2) The statement is a statement prepared by the Secretary of State that sets out strategic priorities of His Majesty’s Government in the United Kingdom relating to online safety matters. (3) The sta...
    • ‼️ Political Power

      This change could potentially increase the power of the Secretary of State by allowing them to set strategic priorities for online safety.

    • ‼️ Human Rights

      The strategic priorities set by the Secretary of State could potentially impact human rights, depending on what they are.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Directions to OFCOM

    The bill allows the Secretary of State to direct OFCOM to establish a committee to provide advice on specified online safety matters.

    Exemplar quote from bill: ... taken of any period during which Parliament is dissolved or prorogued or during which both Houses are adjourned for more than 4 days. Directions to OFCOM 175 Directions about advisory committees (1) ...The Secretary of State may give OFCOM a direction requiring OFCOM to establish a committee to provide them with advice about online safety matters of a kind specified in the direction.... (2) The Secretary of State must consult OFCOM before giving or varying such a direction. (3) A committee required to be established by a direction is to consist of the following members, unless the d...
    • ‼️ Political Power

      This change could potentially increase the power of the Secretary of State by allowing them to direct OFCOM to establish advisory committees.

    • ‼️ Justice System

      The establishment of advisory committees could potentially impact the justice system by influencing the development and implementation of online safety regulations.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 9 — Secretary of State's functions in relation to regulated services

    The bill grants the Secretary of State the power to direct OFCOM in circumstances that present a threat to public health, safety, or national security.

    Exemplar quote from bill: ...nths after being established, and after that must publish periodic reports. (5) The Secretary of State may vary or revoke a direction given under this section. 176 Directions in special circumstances ...(1) The Secretary of State may give a direction to OFCOM under subsection (2) or (3) if the Secretary of State has reasonable grounds for believing that circumstances exist that present a threat— (a) to the health or safety of the public, or (b) to national security.... (2) A direction under this subsection is a direction requiring OFCOM, in exercising their media literacy functions, to give priority for a specified period to specified objectives designed to address...
    • ‼️ National Security

      This change could potentially impact national security by allowing the Secretary of State to direct OFCOM in response to threats.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 9 — Secretary of State's functions in relation to regulated services

    The bill allows the Secretary of State to issue guidance to OFCOM regarding their functions under this Act, their powers to carry out or arrange research on online safety matters, and their functions related to media literacy in relation to regulated services.

    Exemplar quote from bill: ...as functions under that section relate to regulated services. (10) In subsections (2) and (3) “specified” means specified in a direction under this section. Guidance 177 Secretary of State’s guidance ...(1) The Secretary of State may issue guidance to OFCOM about— (a) OFCOM’s exercise of their functions under this Act, (b) OFCOM’s exercise of their powers under section 1(3) of the Communications Act (functions and general powers of OFCOM) to carry out research in connection with online safety matters or to arrange for others to carry out research in connection with such matters, and (c) OFCOM’s exercise of their functions under section 11 of the Communications Act (media literacy) in relation to regulated services....ercise of their functions under section 11 of the Communications Act (media literacy) in relation to regulated services. (2) In the rest of this section, “the guidance” means any such guidance as is m...
    • ‼️ Internet Governance

      This change could potentially impact internet governance by allowing the Secretary of State to guide OFCOM's actions in relation to online safety and media literacy.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 180: False communications offence

    The bill introduces a new offence for sending false messages with the intent to cause non-trivial psychological or physical harm to a likely audience, without a reasonable excuse.

    Exemplar quote from bill: ...5 (see section 80); “search content” has the same meaning as in Part 3 (see section 57). PART 10 COMMUNICATIONS OFFENCES False and threatening communications offences 180 False communications offence ...(1) A person commits an offence if— (a) the person sends a message (see section 183), (b) the message conveys information that the person knows to be false, (c) at the time of sending it, the person intended the message, or the information in it, to cause non-trivial psychological or physical harm to a likely audience, and (d) the person has no reasonable excuse for sending the message.... (2) For the purposes of this offence an individual is a “likely audience” of a message if, at the time the message is sent, it is reasonably foreseeable that the individual— (a) would encounter the m...
    • ‼️ Human Rights

      This change could potentially impact freedom of speech, as it criminalizes certain types of false communication. However, it also aims to protect individuals from harmful false information.

    • ‼️ Justice System

      This introduces a new offence into the justice system, which will require enforcement and prosecution.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 66C of the Online Safety Bill

    This change introduces exemptions to the offence of sharing intimate photographs or films without consent. If the photograph or film was taken in a public place, the person had no reasonable expectation of privacy, and the person was voluntarily in the intimate state, then sharing the photograph or film is not an offence.

    Exemplar quote from bill: ...tions offences 168 offence under subsection (1) as a magistrates’ court would have on convicting the person of the offence. 66C Sharing or threatening to share intimate photograph or film: exemptions ...(1) A person (A) who shares a photograph or film which shows, or appears to show, another person (B) in an intimate state does not commit an offence under section 66B(1), (2) or (3) if— (a) the photograph or film was taken in a place to which the public or a section of the public had or were permitted to have access (whether on payment or otherwise), (b) B had no reasonable expectation of privacy from the photograph or film being taken, and (c) B was, or A reasonably believes that B was, in the intimate state voluntarily.... (2) For the purposes of subsection (1)(b), whether a person had a reasonable expectation of privacy from a photograph or film being taken is to be determined by reference to the circumstances that th...
    • ‼️ Human Rights

      This change could potentially impact the right to privacy, as it introduces exceptions to the offence of sharing intimate images without consent. It could also impact the right to freedom of expression, as it sets boundaries on what can be shared online.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: repeal

    Sections 33 to 35 of the Criminal Justice and Courts Act 2015

    The bill proposes to repeal Sections 33 to 35 of the Criminal Justice and Courts Act 2015, which deal with the disclosure or threat of disclosure of private sexual photographs and films with the intent to cause distress.

    Exemplar quote from bill: ...orthern Ireland) Order 1988 (S.I. 1988/1849 (N.I. 18)) are repealed— (a) Article 3(1)(a)(ii), (b) Article 3(1)(a)(iii), and (c) Article 3(2). 191 Repeals in connection with offences under section 189 ...Sections 33 to 35 of the Criminal Justice and Courts Act 2015 (disclosing or threatening to disclose private sexual photographs and films with intent to cause distress) are repealed.... 192 Consequential amendments (1) Part 1 of Schedule 14 contains amendments consequential on sections 180, 182 and 184. (2) Part 2 of Schedule 14 contains amendments consequential on section 185. (3) ...
    • ‼️ Human Rights

      The repeal of these sections could potentially impact the rights of individuals to privacy and protection from harassment or distress caused by the disclosure of private sexual content.

    • ‼️ Justice System

      This change could affect how such cases are prosecuted in the justice system, potentially requiring new legislation or amendments to existing laws to address this issue.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Liability of service providers and parent entities

    The bill proposes that any duty, requirement, or liability imposed on a service provider is to be taken as imposed on all individuals jointly and severally. It also introduces provisions about the liability of parent entities, subsidiary entities, and controlling individuals for failures.

    Exemplar quote from bill: ...viding regulated services: liability (1) This section applies in relation to two or more individuals who together are the provider of a regulated service (see section 227(3), (5), (7), (9) and (11)). ...(2) Any duty or requirement imposed on such a provider under any of the provisions specified in subsection (3), or any liability of such a provider to pay a fee under section 85 or Schedule 10, is to be taken to be imposed on, or to be a liability of, all the individuals jointly and severally.... (3) The provisions are— (a) Chapter 2 of Part 3 (providers of user-to-user services: duties of care); (b) Chapter 3 of Part 3 (providers of search services: duties of care); (c) Chapter 4 of Part 3 (...
    • ‼️ Economic Impact

      This change could have significant implications for businesses operating in the digital space, potentially increasing their liability and regulatory compliance requirements.

    • ‼️ Tech Company Regulation

      This change could increase the regulatory burden on tech companies, particularly those with complex corporate structures.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Offences and penalties

    The bill introduces new offences and penalties related to the failure to comply with certain requirements. It also establishes that if an offence is committed by a relevant entity with the consent or neglect of an officer of the entity, the officer is also liable for the offence.

    Exemplar quote from bill: ...n the case of a notice which relates to the requirement in section 106(1) to co-operate with an investigation, the time of the failure or possible failure to which the investigation relates. Offences ...200 Information offences: supplementary (1) Proceedings against a person for an offence under section 110(1) or paragraph 18(1)(b) of Schedule 12 may be brought only if— (a) OFCOM have given the person a provisional notice of contravention in respect of the failure to comply with the requirements of an information notice or the requirements imposed by a person acting under Schedule 12 (as the case may be),...he requirements imposed by a person acting under Schedule 12 (as the case may be), (b) OFCOM have given the person a confirmation decision in respect of that failure imposing requirements of a kind de...
    • ‼️ Justice System

      This change could have significant implications for the justice system, potentially increasing the number of cases related to digital offences.

    • ‼️ Tech Company Regulation

      This change could increase the regulatory burden on tech companies, particularly those with complex corporate structures.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 219 - Power to amend section 40

    The Secretary of State is given the power to amend section 40, which pertains to fraud and related offences. However, this power is limited. An offence can only be added if it is prevalent on Category 1 services or Category 2A services, presents a risk of harm to individuals in the UK, and the harm is severe. The offence cannot be added if it concerns intellectual property rights, the safety or quality of goods, the performance of a service by an unqualified person, or if it is an offence under the Consumer Protection from Unfair Trading Regulations 2008.

    Exemplar quote from bill: ...specified in regulations under this section. (12) For the meaning of “Category 1 service”, see section 96 (register of categories of services). Other powers to amend Act 219 Power to amend section 40 ...(1) The Secretary of State may by regulations amend section 40 (fraud etc offences). But the power to add an offence to that section is limited by subsections (2) and (3).... (2) An offence may be added to section 40 only if the Secretary of State considers it appropriate to do so because of— (a) the prevalence on Category 1 services of content (other than regulated user-...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • ‼️ Digital Economy

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 11 — Supplementary and general

    The Secretary of State is given the power to amend paragraph 4 of Schedule 1, which pertains to limited functionality services, if they deem it necessary due to the risk of harm to individuals in the UK.

    Exemplar quote from bill: ...cause of the risk of harm to individuals in the United Kingdom presented by a service of the description in question. 5 10 15 20 25 30 35 40 Online Safety Bill Part 11 — Supplementary and general 189 ...(9) Subject to subsection (10), the Secretary of State may by regulations amend paragraph 4 of Schedule 1 (limited functionality services) if the Secretary of State considers that it is appropriate because of the risk of harm to individuals in the United Kingdom presented by a service described in that paragraph.... (10) Regulations under subsection (9) may not have the effect that a service described in paragraph 4 of Schedule 1 of which the provider is a recognised news publisher is no longer exempt under that...
    • ‼️ Human Rights

      This change could potentially impact human rights, as it gives the Secretary of State the power to regulate online services that may pose a risk to individuals.

    • ‼️ Digital Privacy

      This change could also impact digital privacy, as it pertains to the regulation of online services.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 11 — Supplementary and general

    The Secretary of State is given the power to amend the part of the list in Part 2 of Schedule 1 that relates to England, particularly in relation to education or childcare, if there has been an amendment or repeal of relevant legislation.

    Exemplar quote from bill: ...aning given by section 56; “regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 80). 222 Powers to amend Part 2 of Schedule 1 England ...(1) The Secretary of State may by regulations amend the part of the list in Part 2 of Schedule 1 which relates to England— (a) if there has been an amendment or repeal of legislation, or of a provision of legislation, by reference to which a description of education or childcare is framed;... (b) to add a further description of education or childcare, if the Secretary of State considers that it is appropriate to do so because of the application of enactments other than this Act, or guidan...
    • ‼️ Education

      This change could potentially impact education, as it gives the Secretary of State the power to amend regulations related to education or childcare.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulations under this Act

    The Secretary of State has the power to make regulations that are consequential on this Act or regulations under this Act. These regulations can make different provisions for different purposes, including different types of internet services.

    Exemplar quote from bill: ...to content that amounts to an offence are to be construed in accordance with section 59 (see subsections (3), (11) and (12) of that section). Regulations 224 Power to make consequential provision (1) ...The Secretary of State may by regulations make provision that is consequential on this Act or regulations under this Act.... (2) The regulations may— 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 11 — Supplementary and general 193 (a) amend or repeal provision made by the Communications Act; (b) amend or revoke provisi...
    • ‼️ Political Power

      This change gives the Secretary of State significant power to shape the implementation of this Act through regulations.

    • ‼️ Tech Company Regulation

      This change could potentially affect how different types of internet services are regulated.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulatory powers of the Secretary of State

    The bill grants the Secretary of State the power to make regulations for transitional, transitory, or saving provisions related to the implementation of the Act. The Secretary of State can also make different provisions for different purposes. These regulations are to be made by statutory instrument.

    Exemplar quote from bill: ...n 208; (y) section 213; 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 12 — Interpretation and final provisions 211 (z) section 215; (z1) section 220; (z2) sections 222 to 226; (z3) this Part. (5) ...The Secretary of State may by regulations make transitional, transitory or saving provision in connection with the coming into force of any provision of this Act.... (6) The power to make regulations under subsection (5) includes power to make different provision for different purposes. (7) Regulations under this section are to be made by statutory instrument. 24...
    • ‼️ Political Power

      This change grants significant regulatory power to the Secretary of State, potentially affecting the balance of power within the government.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Exemptions for certain online services

    The bill exempts certain online services from its provisions. These include services where the only user-generated content is emails, SMS messages, one-to-one live aural communications, or limited functionalities such as posting comments or reviews, sharing comments or reviews on a different internet service, expressing a view on comments or reviews or provider content, or producing or displaying identifying content in connection with these activities.

    Exemplar quote from bill: ...chedule 1 — Exempt user-to-user and search services 212 SCHEDULES SCHEDULE 1 Sections 3 and 4 EXEMPT USER-TO-USER AND SEARCH SERVICES PART 1 DESCRIPTIONS OF SERVICES WHICH ARE EXEMPT Email services 1 ...A user-to-user service is exempt if emails are the only user-generated content (other than identifying content) enabled by the service.... SMS and MMS services 2 (1) A user-to-user service is exempt if SMS messages are the only usergenerated content (other than identifying content) enabled by the service. (2) A user-to-user service is e...
    • ‼️ Digital Privacy

      This change could potentially impact user privacy, as it exempts certain services from the Act's provisions.

    • ‼️ Tech Company Regulation

      This change could impact tech companies that provide the exempted services, as they would not be subject to the Act's regulations.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Online Safety Bill Schedule 1 — Exempt user-to-user and search services Part 2 — Paragraph 10 exemption: descriptions of education and childcare

    The bill proposes to exempt certain user-to-user and search services related to child minding, day care of children, primary and secondary education, and further education in Scotland from the regulations of the Online Safety Bill.

    Exemplar quote from bill: ...ptions of education and childcare 218 Scotland 25 Early learning and childcare, within the meaning of Part 6 of the Children and Young People (Scotland) Act 2014 (asp 8) (see section 46 of that Act). ...26 Child minding, within the meaning of Part 5 of the Public Services Reform (Scotland) Act 2010 (asp 8) (see paragraph 12 of Schedule 12 to that Act).... 27 Day care of children, within the meaning of Part 5 of that Act (see paragraph 13 of Schedule 12 to that Act). 28 Primary education, secondary education or childcare in— (a) a school, or (b) a host...
    • ‼️ Education

      The proposed changes could potentially impact the way online services related to education and childcare are regulated in Scotland, potentially affecting the quality and safety of these services.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Online Safety Bill Schedule 1 — Exempt user-to-user and search services Part 2 — Paragraph 10 exemption: descriptions of education and childcare

    The bill proposes to exempt certain user-to-user and search services related to child minding, day care of children, primary and secondary education, and further education in Wales from the regulations of the Online Safety Bill.

    Exemplar quote from bill: ...ion (Scotland) Act 2005 (asp 6). 30 Further education provided by a college of further education which is assigned to a regional strategic body by an order made under section 7C(1) of that Act. Wales ...31 Child minding by a person who is registered as a child minder under Part 2 of the Children and Families (Wales) Measure 2010 (nawm 1).... 32 Day care for children by a person who is registered to provide day care for children under Part 2 of that Measure. 33 Primary education, secondary education or childcare in a school in Wales, with...
    • ‼️ Education

      The proposed changes could potentially impact the way online services related to education and childcare are regulated in Wales, potentially affecting the quality and safety of these services.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Online Safety Bill Schedule 1 — Exempt user-to-user and search services Part 2 — Paragraph 10 exemption: descriptions of education and childcare

    The bill proposes to exempt certain user-to-user and search services related to child minding, day care of children, pre-school education, and education in a nursery school in Northern Ireland from the regulations of the Online Safety Bill.

    Exemplar quote from bill: ...ragraphs 31 and 32, “child minding” and “day care for children” have the same meaning as in Part 2 of the Children and Families (Wales) Measure 2010 (see section 19 of that Measure). Northern Ireland ...38 Childcare by persons who act as child minders or provide day care for children within the meaning of the Children (Northern Ireland) Order 1995 (S.I. 1995/755 (N.I. 2)), and who are registered under Article 118 of that Order.... 39 Pre-school education, within the meaning of Part 5 of the Education (Northern Ireland) Order 1998 (S.I. 1998/1759 (N.I. 13)) (see Article 17(8) of that Order). 40 Education in a nursery school, wi...
    • ‼️ Education

      The proposed changes could potentially impact the way online services related to education and childcare are regulated in Northern Ireland, potentially affecting the quality and safety of these services.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 4 Section 42

    The bill introduces a provision that allows the Secretary of State to amend the online safety objectives for regulated user-to-user services or regulated search services by regulations.

    Exemplar quote from bill: ...ferences to the search engine; (c) the reference in paragraph 5(a)(iii) to a publicly available statement includes a reference to provisions of the terms of service which relate to the search engine. ...7 The Secretary of State may by regulations amend paragraph 4 or 5 so as to vary the online safety objectives for regulated user-to-user services or regulated search services, and such regulations may make consequential amendments of paragraph 6.... 8 If regulations are made amending the online safety objectives, OFCOM must, as soon as reasonably practicable after the regulations come into force, consider whether a review of the codes of practic...
    • ‼️ Political Power

      This change could potentially impact political power, as it gives the Secretary of State the ability to amend the online safety objectives for regulated user-to-user services or regulated search services.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Content of codes of practice: proactive technology

    The bill allows OFCOM to include in the code of practice a measure describing the use of a certain kind of technology, if they consider it appropriate and in accordance with the principles.

    Exemplar quote from bill: ...fication or age estimation, and see in particular section 231(4) (self-declaration of age not to be regarded as age verification or age estimation). Content of codes of practice: proactive technology ...13 (1) If OFCOM consider it appropriate to do so, and in accordance with the principles to which they must have regard (see paragraphs 1 and 2 and, in particular, 10(2)), they may include in a code of practice a measure describing the use of a kind of technology.... (2) But there are constraints, set out in the rest of this paragraph, on OFCOM’s power to include in a code of practice a measure describing the use of proactive technology as a way (or one of the wa...
    • ‼️ Tech Company Regulation

      The inclusion of a measure describing the use of a certain kind of technology in the code of practice could have implications for tech companies, as it could potentially require them to implement new technologies or modify their existing technologies.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Recovery of OFCOM’s initial costs

    The bill proposes a new mechanism for OFCOM to recover its initial costs by charging providers of regulated services additional fees.

    Exemplar quote from bill: ...ovider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 80). SCHEDULE 10 Section 90 RECOVERY OF OFCOM’S INITIAL COSTS Recovery of initial costs 1 (1) ...This Schedule concerns the recovery by OFCOM of an amount equal to the aggregate of the amounts of WTA receipts which, in accordance with section 401(1) of the Communications Act and OFCOM’s statement under that section, are retained by OFCOM for the purpose of meeting their initial costs.... 5 10 15 20 25 30 35 Online Safety Bill Schedule 10 — Recovery of OFCOM’s initial costs 250 (2) OFCOM must seek to recover the amount described in sub-paragraph (1) (“the total amount of OFCOM’s initi...
    • ‼️ Economic Impact

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 10 — Recovery of OFCOM’s initial costs

    The Secretary of State is given the power to determine an amount by which OFCOM's outstanding costs should be reduced. OFCOM is then required to charge providers of regulated services additional fees equal to the difference between the outstanding amount and the amount specified by the Secretary of State.

    Exemplar quote from bill: ... charge providers of regulated services additional fees of an amount equal to the outstanding amount. 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 10 — Recovery of OFCOM’s initial costs 251 (5) ...The Secretary of State may, as soon as reasonably practicable after the publication of OFCOM’s statement, make a determination specifying an amount by which the outstanding amount is to be reduced, and in that case OFCOM must, in aggregate, charge providers of regulated services additional fees of an amount equal to the difference between the outstanding amount and the amount specified in the determination.... (6) Additional fees mentioned in sub-paragraph (4) or (5) must be charged in respect of the charging year immediately following the last of the specified charging years (“year 1”). (7) The process se...
    • ‼️ Economic Impact

      This change could potentially increase the financial burden on providers of regulated services, as they may be required to pay additional fees to cover OFCOM's costs.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 10 — Recovery of OFCOM’s initial costs

    The Secretary of State is required to make regulations regarding the recovery of OFCOM's initial costs.

    Exemplar quote from bill: ... been made, the sum of the amounts specified in those determinations. If no such determination has been made before the statement in question, D = 0. Regulations about recovery of initial costs 7 (1) ...The Secretary of State must make regulations making such provision as the Secretary of State considers appropriate in connection with the recovery by OFCOM of their initial costs.... (2) The regulations must include provision as set out in sub-paragraphs (3), (4) and (6). (3) The regulations must specify the total amount of OFCOM’s initial costs. (4) For the purposes of paragraph...
    • ‼️ Economic Impact

      This change could potentially affect the financial obligations of providers of regulated services, depending on the regulations made by the Secretary of State.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 11 — Categories of regulated user-to-user services and regulated search services: regulations

    The Secretary of State is required to make regulations specifying conditions for the user-to-user part of regulated user-to-user services. These conditions relate to the number of users, functionalities, and any other relevant characteristics or factors.

    Exemplar quote from bill: ... 2. SCHEDULE 11 Section 95 CATEGORIES OF REGULATED USER-TO-USER SERVICES AND REGULATED SEARCH SERVICES: REGULATIONS Regulations specifying threshold conditions for categories of Part 3 services 1 (1) ...The Secretary of State must make regulations specifying conditions (“Category 1 threshold conditions”) for the user-to-user part of regulated user-to-user services relating to each of the following— (a) number of users of the user-to-user part of the service, (b) functionalities of that part of the service, and (c) any other characteristics of that part of the service or factors relating to that part of the service that the Secretary of State considers relevant.... 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 11 — Categories of regulated user-to-user services and regulated search services: regulations 254 (2) The Secretary of State must make regulations s...
    • ‼️ Digital Economy

      This change could potentially affect the operations of providers of user-to-user services, depending on the regulations made by the Secretary of State.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Secretary of State's power to make regulations

    The Secretary of State is given the power to make regulations specifying conditions for the user-to-user part of regulated user-to-user services. These conditions relate to the number of users, functionalities, and any other relevant characteristics or factors of the service.

    Exemplar quote from bill: ...ollowing— (a) number of users of the search engine, and (b) any other characteristics of the search engine or factors relating to the search engine that the Secretary of State considers relevant. (3) ...The Secretary of State must make regulations specifying conditions (“Category 2B threshold conditions”) for the user-to-user part of regulated user-to-user services relating to each of the following— (a) number of users of the user-to-user part of the service, (b) functionalities of that part of the service, and (c) any other characteristics of that part of the service or factors relating to that part of the service that the Secretary of State considers relevant.... (4) Regulations under this paragraph must specify the way or ways in which the relevant threshold conditions may be met, and that may be by meeting the conditions in any specified combination, subjec...
    • ‼️ Digital Economy

      This change could have significant implications for digital businesses, particularly those that provide user-to-user services. The regulations could potentially affect their operations and responsibilities.

    • ‼️ Tech Company Regulation

      The change could lead to increased regulation of tech companies, particularly those providing user-to-user services.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 12 — OFCOM’s powers of entry, inspection and audit

    The bill proposes that OFCOM's powers of entry and inspection can only be exercised if OFCOM believes the premises are being used by a regulated service provider and if the occupier of the premises has been given seven days' notice.

    Exemplar quote from bill: ...of this Schedule, a person authorised for the purposes mentioned in sub-paragraph (1)(c). (3) An authorisation under this paragraph must be in writing. Power of entry and inspection without a warrant ...2 (1) The powers conferred by this paragraph may be exercised in relation to premises only if OFCOM— (a) believe that the premises are being used by the provider of a regulated service in connection with the provision of a regulated service, and (b) have given the occupier of the premises seven days’ notice that they propose to exercise the powers.... (2) The powers conferred by this paragraph must be exercised at a reasonable hour. (3) Before exercising a power of entry under this paragraph, an authorised person must, if requested to do so by a p...
    • ‼️ Government Power

      This change could impact how OFCOM enforces regulations by setting conditions for the exercise of its powers of entry and inspection.

    • ‼️ Privacy

      This change could impact privacy by allowing OFCOM to enter and inspect premises used by regulated service providers, albeit with notice.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Audit Notice

    The bill introduces the concept of an "audit notice" which can require a provider to permit an authorised person to enter and inspect premises, observe the regulated service, direct to documents, assist in viewing information, comply with requests for copies of documents or information, permit inspection of documents, information or equipment, provide explanations of documents or information, and make available for interview a specified number of people involved in the provision of the regulated service.

    Exemplar quote from bill: ...ce, or (b) to assess— (i) the nature and level of risk of the provider failing to comply with an enforceable requirement that applies in respect of the service, and (ii) ways to mitigate such a risk. ...(2) An audit notice may require the provider to take any of the following actions for a purpose mentioned in sub-paragraph (1)— (a) to permit an authorised person to enter and inspect specified premises; (b) to permit an authorised person to observe the carrying on of the regulated service at the premises; (c) to direct an authorised person to documents on the premises that are of a specified description; (d) to assist an authorised person to view information of a specified description that is capable of being viewed using equipment or a device on the premises; (e) to assist an authorised person to view, using equipment or a device on the premises, information demonstrating in real time the operation of systems, processes or features of a specified description, including functionalities or algorithms of a specified description; (f) to assist an authorised person to view, using equipment or a device on the premises, information generated in real time by the performance of a test or demonstration of a specified description; (g) to comply with a request from an authorised person for a copy (in such form as may be requested) of the documents or information to which the person is directed or which the person is assisted to view; (h) to permit an authorised person to inspect the documents, information or equipment to which the person is directed or which the person is assisted to view; (i) to provide an authorised person with an explanation of such documents or information; (j) to make available for interview by the authorised person a specified number of people of a specified description who are involved in the provision of the regulated service (not exceeding the number who are willing to be interviewed)....olved in the provision of the regulated service (not exceeding the number who are willing to be interviewed). (3) An audit notice— (a) must be given at least 28 days in advance of the start of the aud...
    • ‼️ Digital Privacy

      This change could potentially impact digital privacy as it allows for inspection and observation of regulated services, including access to documents and information.

    • ‼️ Tech Company Regulation

      This change directly impacts tech company regulation as it introduces new requirements for providers in the event of an audit notice.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 12 — OFCOM’s powers of entry, inspection and audit

    The bill introduces new regulations regarding the execution of warrants by OFCOM. These include stipulations about the timing of entry and search, the duration of the warrant, the use of additional personnel and equipment, the use of reasonable force, and the security of the premises.

    Exemplar quote from bill: ...rrant considers that providing a copy would result in undue delay. (4) Anything seized may be retained for so long as is necessary in all the circumstances. Further provision about executing warrants ...9 Entry and search under a warrant must be at a reasonable hour, unless it appears to the person executing it that the purpose of a search would be frustrated or seriously prejudiced by entry at a reasonable hour.... 10 Entry and search under a warrant must be within the period of one month starting with the date of its issue. 11 An authorised person executing a warrant may take such other persons and such equipm...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 12 — OFCOM’s powers of entry, inspection and audit

    The bill introduces new regulations regarding the return of executed and unexecuted warrants. It specifies who the appropriate person to return the warrant to is, based on the location where the warrant was issued. It also stipulates that the appropriate person must retain the warrant for 12 months, during which time the occupier of the premises must be allowed to inspect it upon request.

    Exemplar quote from bill: ...cupied or the occupier is temporarily absent, an authorised person executing a warrant must leave the premises as effectively secured against trespassers as that person found them. Return of warrants ...16 (1) Where a warrant is executed— (a) it must be returned to the appropriate person (see sub-paragraph (3)) after being executed, and (b) the person by whom it is executed must write on the warrant a statement of the powers that have been exercised under the warrant.... (2) Where a warrant is not executed, it must be returned to the appropriate person within the time authorised for its execution. (3) The appropriate person is— (a) in the case of a warrant issued in ...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 12 — OFCOM’s powers of entry, inspection and audit

    The bill introduces new offences related to obstructing a person acting under this Schedule, failing to comply with a requirement imposed by a person acting under this Schedule, and providing false information in response to a requirement imposed by a person acting under this Schedule. It also specifies the penalties for these offences.

    Exemplar quote from bill: ...tion to information or documents in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings. Offences ...18 (1) A person commits an offence if— (a) the person intentionally obstructs a person acting under this Schedule; (b) the person fails, without reasonable excuse, to comply with any requirement imposed by a person acting under this Schedule; (c) in response to a requirement imposed by a person acting under this Schedule, the person provides information that is false in a material respect, knowing that it is false in a material respect or being reckless as to whether it is false in a material respect.... that it is false in a material respect or being reckless as to whether it is false in a material respect. (2) A person who commits an offence under this paragraph is liable— (a) on summary conviction...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 13 — Penalties imposed by OFCOM under Chapter 6 of Part 7

    The bill introduces new regulations regarding the imposition of penalties by OFCOM. It defines what constitutes a penalty and stipulates that OFCOM must take into account any representations made and evidence provided by the person, as well as the effects of the failure(s) in respect of which the penalty is imposed, when determining the amount of the penalty. The penalty must be appropriate and proportionate to the failure(s).

    Exemplar quote from bill: ...e Safety Bill Schedule 13 — Penalties imposed by OFCOM under Chapter 6 of Part 7 265 SCHEDULE 13 Section 144 PENALTIES IMPOSED BY OFCOM UNDER CHAPTER 6 OF PART 7 Meaning of “penalty” in this Schedule ...1 Except as otherwise indicated, references in this Schedule to a “penalty” are to any of the following— (a) a penalty imposed by a confirmation decision (see sections 133(5)(b) and 138), whether that is— (i) a penalty of a single amount, or (ii) a penalty calculated by reference to a daily rate; (b) a penalty imposed by a penalty notice under section 140; (c) a penalty imposed by a penalty notice under section 141(5); (d) a penalty imposed by a penalty notice under section 142(6).... Amount of penalties: principles 2 (1) In determining the amount of a penalty to be imposed on a person, OFCOM must, in particular, take into account— (a) any representations made, and evidence provid...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Transitional period exemptions

    The bill proposes a transitional period during which certain duties and requirements of the Act do not apply to pre-existing Part 4B services. These include safety duties, duties related to fraudulent advertising, user identity verification, reporting CSEA content to the NCA, terms of service, deceased child users, and requirements related to transparency reports.

    Exemplar quote from bill: ...unications 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 65 (user identity verification); (d) the requirements under section 67(1) and (2) (reporting CSEA content to the NCA); (e) the duties set out in sections 72 and 73 (terms of service); (f) the duties set out in section 76 (deceased child users); (g) the duty on OFCOM to give a notice under section 78(1) requiring information in a transparency report; (h) the requirements to produce transparency reports under section 78(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 preexisting Part 4B service. (6) In sub-paragra...
    • ‼️ Digital Privacy

      The transitional period could potentially allow for a lapse in user privacy protections, as duties related to user identity verification and transparency reports are not applicable during this time.

    • ‼️ Tech Company Regulation

      This provision provides a temporary relief for tech companies from certain regulatory duties and requirements, potentially easing their transition into compliance with the new Act.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Transitional period exemptions for OFCOM's powers

    The bill proposes that OFCOM's powers of entry, inspection, and audit do not apply to pre-existing Part 4B services during the transitional period.

    Exemplar quote from bill: ...sers); (g) the duty on OFCOM to give a notice under section 78(1) requiring information in a transparency report; (h) the requirements to produce transparency reports under section 78(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 preexisting 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 incl...
    • ‼️ Tech Company Regulation

      This provision temporarily limits OFCOM's regulatory powers over tech companies, potentially easing their transition into compliance with the new Act.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

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

    The bill introduces new regulations for providers of relevant regulated services, distinguishing between exempt and non-exempt providers. Exempt providers are not subject to section 85 and Schedule 10 in respect of a transitional charging year, while non-exempt providers are. The bill also provides a definition for "exempt provider".

    Exemplar quote from bill: ...n 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 84 to give details to OFCOM of the provider’s qualifying worldwide revenue for the qualifying per...
    • ‼️ Economic Impact

      This change could have significant economic implications for providers of relevant regulated services, as it introduces new regulatory requirements that could potentially increase operational costs or necessitate changes in business practices.

    • ‼️ Tech Company Regulation

      This change directly affects tech companies that provide relevant regulated services, introducing new regulatory requirements and distinctions between different types of providers.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 4 — After the end of the transitional period

    The bill proposes that the repeal of certain sections of the Communications Act does not affect OFCOM's powers to act as the appropriate regulatory authority, nor does it affect the application of provisions related to the duty to cooperate and demands for information in relation to investigations begun before the repeal time.

    Exemplar quote from bill: ...ections 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 relat...
    • ‼️ Justice System

      This change could have implications for the justice system, as it maintains OFCOM's powers and the application of certain provisions even after the repeal of certain sections of the Communications Act.

    • ‼️ Tech Company Regulation

      This change could affect tech companies, as it maintains regulatory requirements and obligations related to cooperation and information provision in relation to investigations.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: repeal

    Sections 368W, 368Z2, 368Z3, 368Z4, 368Z5, 368Z7, and 368Z8

    The bill proposes the repeal of several sections related to the enforcement of certain regulations by OFCOM. However, these repeals will not affect cases where OFCOM has already made a determination or begun an investigation before the repeal time.

    Exemplar quote from bill: ...sulting 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) ma...
    • ‼️ Justice System

      The proposed changes could significantly impact the enforcement of regulations by OFCOM, potentially affecting how laws are enforced and prosecuted.

    • ‼️ Digital Privacy

      The proposed changes could potentially impact the enforcement of digital privacy regulations, depending on the specifics of the repealed sections.

    • ‼️ Internet Governance

      The proposed changes could potentially impact the governance of internet services, depending on the specifics of the repealed sections.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Subsection (6)

    The bill proposes that certain offences are not within the scope of subsection (5). These include offences related to the infringement of intellectual property rights, the safety or quality of goods, the performance of a service by an unqualified person, or offences under the Consumer Protection from Unfair Trading Regulations 2008.

    Exemplar quote from bill: ...s: duties of care Chapter 7 — Interpretation of Part 3 58 (iv) devolved subordinate legislation made by a devolved authority with the consent of the Secretary of State or other Minister of the Crown. ...(6) But an offence is not within subsection (5) if— (a) the offence concerns— (i) the infringement of intellectual property rights, (ii) the safety or quality of goods (as opposed to what kind of goods they are), or (iii) the performance of a service by a person not qualified to perform it; or (b) it is an offence under the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277).... (7) “Priority offence” means— (a) an offence specified in Schedule 5 (terrorism offences), (b) an offence specified in Schedule 6 (offences related to child sexual exploitation and abuse), or (c) an ...
    • ‼️ Intellectual Property

      This change could potentially impact the enforcement of intellectual property rights online.

    • ‼️ Consumer Protection

      The exclusion of offences under the Consumer Protection from Unfair Trading Regulations 2008 could have implications for consumer protection online.

    • 🟠 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 393 of the Communications Act

    The bill amends Section 393 of the Communications Act, which deals with general restrictions on the disclosure of information. The amendment includes the Online Safety Act 2023 in the list of exceptions to these restrictions.

    Exemplar quote from bill: ...ond to any of OFCOM’s online safety functions; “the data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act). 116 Disclosure of information (1) ...Section 393 of the Communications Act (general restrictions on disclosure of information) is amended as follows. (2) In subsection (1)— (a) at the end of paragraph (c) omit “or”, (b) at the end of paragraph (d) insert “or”, and (c) after paragraph (d) insert— “(e) the Online Safety Act 2023,”.... (3) In subsection (2)(e), after “this Act” insert “or the Online Safety Act 2023”. 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 7 — OFCOM's powers and duties in relation to regulated services Ch...
    • ‼️ Freedom of Information

      (Variously affected)

    • ‼️ Digital Privacy

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Online Safety Bill

    The Online Safety Bill introduces a wide range of new regulations and duties for providers of regulated user-to-user services and regulated search services. These include duties of care, children's access assessments, duties about fraudulent advertising, user identity verification, reporting child sexual exploitation and abuse content, terms of service, deceased child users, transparency reporting, duties about certain pornographic content, duties about fees, and OFCOM's powers and duties in relation to regulated services.

    Exemplar quote from bill: ...oduction 2 Overview of Act PART 2 KEY DEFINITIONS 3 “User-to-user service” and “search service” 4 “Regulated service”, “Part 3 service” etc 5 Disapplication of Act to certain parts of services PART 3 ...PROVIDERS OF REGULATED USER-TO-USER SERVICES AND REGULATED SEARCH SERVICES: DUTIES OF CARE... CHAPTER 1 INTRODUCTION 6 Overview of Part 3 CHAPTER 2 PROVIDERS OF USER-TO-USER SERVICES: DUTIES OF CARE User-to-user services: which duties apply, and scope of duties 7 Providers of user-to-user ser...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • ‼️ Education

      (Variously affected)

    • ‼️ Public Health

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • ‼️ Economic Impact

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    subsection (9)

    The bill introduces a duty for service providers to include provisions in their terms of service specifying how children of any age are to be prevented from encountering harmful content. This includes both primary priority content and non-designated content.

    Exemplar quote from bill: ...ion, including taking down content, (f) functionalities allowing for control over content that is encountered, especially by children, (g) user support measures, and (h) staff policies and practices. ...(9) A duty to include provisions in the terms of service specifying— (a) how children of any age are to be prevented from encountering primary priority content that is harmful to children (with each kind of primary priority content separately covered); (b) how children in age groups judged to be at risk of harm from priority content that is harmful to children (or from a particular kind of such content) are to be protected from encountering it, where they are not prevented from doing so (with each kind of priority content separately covered); (c) how children in age groups judged to be at risk of harm from nondesignated content that is harmful to children (or from a particular kind of such content) are to be protected from encountering it, where they are not prevented from doing so.... (10) A duty to apply the provisions of the terms of service referred to in subsection (9) consistently. 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 3 — Providers of regulated user-to-user servi...
    • ‼️ Child Protection

      The proposed changes directly impact child protection, as they involve measures to prevent children from encountering harmful content.

    • ‼️ Tech Company Regulation

      The changes directly affect tech company operations and responsibilities, introducing new duties for service providers.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Duties about fraudulent advertising

    The bill introduces new duties for providers of Category 1 services to prevent, minimize, and swiftly take down fraudulent advertisements.

    Exemplar quote from bill: ...ation decision given to the provider of the service (as the case may be: see section 136(5)). CHAPTER 5 DUTIES ABOUT FRAUDULENT ADVERTISING 38 Duties about fraudulent advertising: Category 1 services ...(1) A provider of a Category 1 service must operate the service using proportionate systems and processes designed to— (a) prevent individuals from encountering content consisting of fraudulent advertisements by means of the service; (b) minimise the length of time for which any such content is present; (c) where the provider is alerted by a person to the presence of such content, or becomes aware of it in any other way, swiftly take down such content.... (2) A provider of a Category 1 service must include clear and accessible provisions in the terms of service giving information about any proactive technology used by the service for the purpose of co...
    • ‼️ Economic Impact

      This change could potentially impact the economic operations of Category 1 service providers, as they will need to implement systems and processes to comply with these duties.

    • ‼️ Consumer Protection

      This change could potentially improve consumer protection by reducing the prevalence of fraudulent advertisements on these services.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Fraud offences

    The bill specifies offences related to fraudulent advertising, including contravention of prohibition on carrying on regulated activity unless authorised or exempt, false claims to be authorised or exempt, and contravention of restrictions on financial promotion.

    Exemplar quote from bill: ... the design, operation and use of a Category 2A service in the United Kingdom. (8) For the meaning of “Category 2A service”, see section 96 (register of categories of services). 40 Fraud etc offences ...(1) This section specifies offences for the purposes of this Chapter (see sections 38(3)(b) and 39(3)(b)). (2) An offence under any of the following provisions of the Financial Services and Markets Act 2000— (a) section 23 (contravention of prohibition on carrying on regulated activity unless authorised or exempt); (b) section 24 (false claims to be authorised or exempt); (c) section 25 (contravention of restrictions on financial promotion).... (3) An offence under any of the following provisions of the Fraud Act 2006— (a) section 2 (fraud by false representation); (b) section 4 (fraud by abuse of position); (c) section 7 (making or supplyi...
    • ‼️ Justice System

      This change could potentially impact the justice system by introducing new offences related to fraudulent advertising.

    • ‼️ Consumer Protection

      This change could potentially improve consumer protection by criminalizing certain fraudulent advertising practices.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Subsection (60)

    The bill defines "content that is harmful to children" as primary priority content that is harmful to children, priority content that is harmful to children, or content that presents a material risk of significant harm to an appreciable number of children in the United Kingdom.

    Exemplar quote from bill: ...m. (16) See also section 193 (providers’ judgements about the status of content). 60 “Content that is harmful to children” (1) This section and sections 61 and 62 apply for the purposes of this Part. ...(2) “Content that is harmful to children” means— (a) primary priority content that is harmful to children (see section 61), (b) priority content that is harmful to children (see section 62), or (c) content, not within paragraph (a) or (b), of a kind which presents a material risk of significant harm to an appreciable number of children in the United Kingdom.... (3) Content is not to be regarded as within subsection (2)(c) if the risk of harm flows from— (a) the content’s potential financial impact, (b) the safety or quality of goods featured in the content,...
    • ‼️ Human Rights

      This change could have significant implications for the protection of children's rights online.

    • ‼️ Internet Governance

      This change could also have implications for the governance of online content, particularly content that is accessible to children.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 82 - Duties about regulated provider pornographic content

    The bill introduces a new duty for internet service providers to ensure, through the use of age verification or age estimation, that children are not normally able to encounter regulated provider pornographic content. The age verification or estimation must be highly effective at correctly determining whether a user is a child.

    Exemplar quote from bill: ...internet service in the United Kingdom. 82 Duties about regulated provider pornographic content (1) This section sets out the duties which apply in relation to internet services within section 81(2). ...(2) A duty to ensure, by the use of age verification or age estimation (or both), that children are not normally able to encounter content that is regulated provider pornographic content in relation to the service. (3) The age verification or age estimation must be of such a kind, and used in such a way, that it is highly effective at correctly determining whether or not a particular user is a child.... (4) In relation to the duty set out in subsection (2), a duty to make and keep a written record, in an easily understandable form, of— (a) the kinds of age verification or age estimation used, and ho...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • ‼️ Child Protection

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Online Safety Bill

    The bill introduces a new provision that allows OFCOM to issue notices to providers of regulated user-to-user services or regulated search services if it deems it necessary and proportionate. These notices can require the use of accredited technology to identify and swiftly take down terrorism or CSEA content, or to prevent individuals from encountering such content.

    Exemplar quote from bill: ...APTER 5 REGULATED USER-TO-USER SERVICES AND REGULATED SEARCH SERVICES: NOTICES TO DEAL WITH TERRORISM CONTENT AND CSEA CONTENT 122 Notices to deal with terrorism content or CSEA content (or both) (1) ...If OFCOM consider that it is necessary and proportionate to do so, they may give a notice described in subsection (2), (3) or (4) relating to a regulated user-to-user service or a regulated search service to the provider of the service....(2) A notice under subsection (1) that relates to a regulated user-to-user service is a notice requiring the provider of the service— (a) to do any or all of the following— (i) use accredited technolo...
    • ‼️ Cybersecurity

      (Variously affected)

    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Advisory Committee on Disinformation and Misinformation

    The bill mandates OFCOM to establish and maintain an advisory committee on disinformation and misinformation. This committee will provide advice on how providers of regulated services should handle disinformation and misinformation, among other things.

    Exemplar quote from bill: ...y), or (c) a duty set out in section 82(2) (children’s access to provider pornographic content). CHAPTER 7 COMMITTEES, RESEARCH AND REPORTS 153 Advisory committee on disinformation and misinformation ...(1) OFCOM must, in accordance with the following provisions of this section, exercise their powers under paragraph 14 of the Schedule to the Office of Communications Act 2002 (committees of OFCOM) to establish and maintain a committee to provide the advice specified in this section.... (2) The committee is to consist of— (a) a chairman appointed by OFCOM, and (b) such number of other members appointed by OFCOM as OFCOM consider appropriate. (3) In appointing persons to be members o...
    • ‼️ Freedom of Information

      The establishment of this committee could lead to more effective strategies for combating disinformation and misinformation online, promoting the integrity of information available to the public.

    • ‼️ Political Power

      By advising on the handling of disinformation and misinformation, this committee could indirectly influence political discourse and public opinion, potentially affecting the balance of political power.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Offences of sending or showing flashing images electronically

    The bill introduces new offences related to sending or showing flashing images electronically with the intent to cause harm, particularly to individuals with epilepsy. The offences apply to both sending such images and showing them directly to an individual.

    Exemplar quote from bill: ...’s intention to provide that service in accordance with section 368BA of that Act. Offences of sending or showing flashing images 184 Offences of sending or showing flashing images electronically (1) ...A person (A) commits an offence if— (a) A sends a communication by electronic means which consists of or includes flashing images (see subsection (13)), (b) either condition 1 or condition 2 is met, and (c) A has no reasonable excuse for sending the communication.... (2) Condition 1 is that— (a) at the time the communication is sent, it is reasonably foreseeable that an individual with epilepsy would be among the individuals who would view it, and (b) A sends the...
    • ‼️ Human Rights

      This change aims to protect individuals with epilepsy from harmful electronic communications. It could potentially reduce instances of targeted harassment and improve the online safety of vulnerable individuals.

    • ‼️ Digital Privacy

      This change could potentially impact digital privacy, as it may require more monitoring and regulation of online communications to enforce.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Offence of encouraging or assisting serious self-harm

    The bill introduces a new offence related to encouraging or assisting serious self-harm. This offence applies to any act, including electronic communications, that is intended to encourage or assist another person in causing serious self-harm.

    Exemplar quote from bill: ...y). 5 10 15 20 25 30 35 40 Online Safety Bill Part 10 — Communications offences 163 Offence of encouraging or assisting serious self-harm 185 Offence of encouraging or assisting serious self-harm (1) ...A person (D) commits an offence if— (a) D does a relevant act capable of encouraging or assisting the serious self-harm of another person, and (b) D’s act was intended to encourage or assist the serious self-harm of another person.... (2) D “does a relevant act” if D— (a) communicates in person, (b) sends, transmits or publishes a communication by electronic means, (c) shows a person such a communication, (d) publishes material by...
    • ‼️ Human Rights

      This change aims to protect individuals from harmful communications that could encourage or assist in self-harm. It could potentially reduce instances of online harassment and improve the safety of vulnerable individuals.

    • ‼️ Digital Privacy

      This change could potentially impact digital privacy, as it may require more monitoring and regulation of online communications to enforce.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 188

    The bill proposes a new offence for a person who intentionally sends or gives a photograph or film of any person’s genitals to another person with the intention of causing alarm, distress or humiliation, or for the purpose of obtaining sexual gratification and is reckless as to whether the other person will be caused alarm, distress or humiliation.

    Exemplar quote from bill: ... be inserted into Sexual Offences Act 2003 188 Sending etc photograph or film of genitals In the Sexual Offences Act 2003, after section 66 insert— “66A Sending etc photograph or film of genitals (1) ...A person (A) who intentionally sends or gives a photograph or film of any person’s genitals to another person (B) commits an offence if— (a) A intends that B will see the genitals and be caused alarm, distress or humiliation, or (b) A sends or gives such a photograph or film for the purpose of obtaining sexual gratification and is reckless as to whether B will be caused alarm, distress or humiliation....n and is reckless as to whether B will be caused alarm, distress or humiliation. (2) References to sending or giving such a photograph or film to another person include, in particular— (a) sending it ...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Gender and Sexuality

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 189

    The bill proposes new offences for a person who intentionally shares or threatens to share a photograph or film which shows, or appears to show, another person in an intimate state without their consent.

    Exemplar quote from bill: ...atening to share intimate photograph or film In the Sexual Offences Act 2003, after section 66A (inserted by section 188), insert— “66B Sharing or threatening to share intimate photograph or film (1) ...A person (A) commits an offence if— (a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state, (b) B does not consent to the sharing of the photograph or film, and (c) A does not reasonably believe that B consents.... (2) A person (A) commits an offence if— (a) A intentionally shares a photograph or film which shows, or appears to show, another person (B) in an intimate state, (b) A does so with the intention of c...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Gender and Sexuality

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Schedule 6 — Child sexual exploitation and abuse offences

    The bill proposes the insertion of a provision that makes it an offence under the Obscene Publications Act 1959 to encourage others to commit child sexual exploitation and abuse offences.

    Exemplar quote from bill: ... or (in Scotland) being involved art and part in the commission of such an offence. SCHEDULE 6 Section 59 CHILD SEXUAL EXPLOITATION AND ABUSE OFFENCES PART 1 ENGLAND AND WALES, AND NORTHERN IRELAND 1 ...An offence under section 2 of the Obscene Publications Act 1959 relating to an obscene article tending to deprave and corrupt others by encouraging them to commit an offence specified in paragraph 2, 4, 5, 7 or 8.... 2 An offence under section 1 of the Protection of Children Act 1978 (indecent photographs of children). 3 An offence under Article 3 of the Protection of Children (Northern Ireland) Order 1978 (S.I. ...
    • ‼️ Justice System

      This change could potentially strengthen the justice system's ability to prosecute those who encourage child sexual exploitation and abuse.

    • ‼️ Child Protection

      This change could potentially enhance child protection by criminalising the encouragement of child sexual exploitation and abuse.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: amendment

    Sexual Offences Act 2003, sections 78, 136A(3A), and Schedule 3

    The amendment expands the definition of "sexual" in the Sexual Offences Act 2003 to include sections 66B to 66D. It also adds offences under sections 66A and 66B(2) and (3) to the list of specified child sex offences. Furthermore, it adds offences under sections 66A and 66B(3) to the list of sexual offences for purposes of Part 2, with specific conditions for when the offender was under 18 or the victim was under 18, or the offender has been sentenced to imprisonment, detained in a hospital, or made the subject of a community sentence of at least 12 months.

    Exemplar quote from bill: ...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.”...espect 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 ...
    • ‼️ Human Rights

      The amendment expands the scope of sexual offences, providing more protection for victims, especially children, from sexual harassment and abuse.

    • ‼️ Justice System

      The amendment also has implications for the justice system, as it expands the range of offences that can be prosecuted and the conditions under which sentences can be imposed.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: amendment

    Criminal Justice Act 2003, Part 2 of Schedule 15 and Schedule 34A

    The amendment adds offences under sections 66A and 66B(2) or (3) of the Sexual Offences Act 2003 to the list of specified sexual offences for purposes of section 325 of the Criminal Justice Act 2003. It also expands the list of child sex offences for purposes of section 327A of the Act to include offences under sections 66A and 66B(2) or (3).

    Exemplar quote from bill: ... 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...
    • ‼️ Human Rights

      The amendment provides more protection for victims, especially children, from sexual harassment and abuse.

    • ‼️ Justice System

      The amendment also has implications for the justice system, as it expands the range of offences that can be prosecuted.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 11: Children’s risk assessment duties

    The bill introduces a new duty for providers of regulated user-to-user services that are likely to be accessed by children to carry out a suitable and sufficient children’s risk assessment. This assessment must be kept up to date, especially when OFCOM makes any significant change to a risk profile that relates to such services. Before making any significant change to any aspect of a service’s design or operation, a further children’s risk assessment must be carried out. If a children’s risk assessment identifies the presence of non-designated content that is harmful to children, the provider has a duty to notify OFCOM.

    Exemplar quote from bill: ...e duties about risk assessments set out in section 9 and, in the case of services likely to be accessed by children which are Category 1 services, the duties about assessments set out in section 14). ...(2) A duty to carry out a suitable and sufficient children’s risk assessment at a time set out in, or as provided by, Schedule 3.... (3) A duty to take appropriate steps to keep a children’s risk assessment up to date, including when OFCOM make any significant change to a risk profile that relates to services of the kind in questi...
    • ‼️ Child Protection

      This change is aimed at protecting children from harmful content online. It requires service providers to regularly assess and manage the risks associated with their services, and to notify OFCOM if they identify harmful content. This could lead to a safer online environment for children.

    • ‼️ Digital Privacy

      This change could potentially impact digital privacy, as it may require service providers to monitor user activity more closely in order to identify and assess risks. However, the text does not specify how this monitoring would be carried out, or what measures would be taken to protect user privacy.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 12: Safety duties protecting children

    The bill introduces new duties for providers of regulated user-to-user services that are likely to be accessed by children to take or use proportionate measures relating to the design or operation of the service to effectively mitigate and manage the risks of harm to children in different age groups. These measures should also mitigate the impact of harm to children presented by harmful content or by features, functionalities or behaviours enabled or created by the design or operation of the service. Providers also have a duty to operate a service using proportionate systems and processes designed to prevent children from encountering harmful content and to protect children from features, functionalities or behaviours that could harm them.

    Exemplar quote from bill: ...s out the duties to protect children’s online safety which apply in relation to regulated user-to-user services that are likely to be accessed by children (as indicated by the headings). All services ...(2) A duty, in relation to a service, to take or use proportionate measures relating to the design or operation of the service to effectively— (a) mitigate and manage the risks of harm to children in different age groups, as identified in the most recent children’s risk assessment of the service (see section 11(6)(g)), (b) mitigate the impact of harm to children in different age groups presented by content that is harmful to children present on the service, and (c) mitigate the impact of harm to children in different age groups presented by features, functionalities or behaviours enabled or created by the design or operation of the service.... (3) A duty to operate a service using proportionate systems and processes designed to— (a) prevent children of any age from encountering, by means of the service, primary priority content that is har...
    • ‼️ Child Protection

      This change is aimed at protecting children from harmful content and behaviours online. It requires service providers to take measures to mitigate and manage risks, and to prevent children from encountering harmful content. This could lead to a safer online environment for children.

    • ‼️ Digital Privacy

      This change could potentially impact digital privacy, as it may require service providers to monitor user activity more closely in order to identify and assess risks. However, the text does not specify how this monitoring would be carried out, or what measures would be taken to protect user privacy.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (14)

    The bill introduces a duty for service providers to summarise the findings of the most recent children’s risk assessment in their terms of service. This includes information about levels of risk and the nature and severity of potential harm to children.

    Exemplar quote from bill: ...d, and how it works). (13) A duty to ensure that the provisions of the terms of service referred to in subsections (9), (11) and (12) are clear and accessible. Additional duty for Category 1 services ...(14) A duty to summarise in the terms of service the findings of the most recent children’s risk assessment of a service (including as to levels of risk and as to nature, and severity, of potential harm to children).... 13 Safety duties protecting children: interpretation (1) In determining what is proportionate for the purposes of section 12, the following factors, in particular, are relevant— (a) all the findings ...
    • ‼️ Child Protection

      The proposed changes directly impact child protection, as they involve measures to inform users about the risks to children.

    • ‼️ Tech Company Regulation

      The changes directly affect tech company operations and responsibilities, introducing new duties for service providers.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulated search services likely to be accessed by children

    The bill proposes new duties for providers of regulated search services likely to be accessed by children. These duties include carrying out a suitable and sufficient children's risk assessment and keeping this assessment up to date, especially when OFCOM makes significant changes to a risk profile related to such services.

    Exemplar quote from bill: ...e duties about risk assessments set out in section 9 and, in the case of services likely to be accessed by children which are Category 1 services, the duties about assessments set out in section 14). ...(2) A duty to carry out a suitable and sufficient children’s risk assessment at a time set out in, or as provided by, Schedule 3. (3) A duty to take appropriate steps to keep a children’s risk assessment up to date, including when OFCOM make any significant change to a risk profile that relates to services of the kind in question.... (4) Before making any significant change to any aspect of a service’s design or operation, a duty to carry out a further suitable and sufficient children’s risk assessment relating to the impacts of ...
    • ‼️ Child Protection

      This change could potentially enhance the protection of children online by requiring providers to carry out and update children's risk assessments.

    • ‼️ Tech Company Regulation

      This change imposes new duties on tech companies providing search services likely to be accessed by children, which could affect their operations and practices.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care

    The bill introduces a new duty for providers of regulated user-to-user services and regulated search services to publicly summarize the findings of the most recent children's risk assessment. This summary should include information about the levels of risk and the nature and severity of potential harm to children.

    Exemplar quote from bill: ...d how it works). (8) A duty to ensure that the provisions of the publicly available statement referred to in subsections (5) and (7) are clear and accessible. Additional duty for Category 2A services ...(9) A duty to summarise in a publicly available statement the findings of the most recent children’s risk assessment of a service (including as to levels of risk and as to nature, and severity, of potential harm to children).... 30 Safety duties protecting children: interpretation (1) In determining what is proportionate for the purposes of section 29, the following factors, in particular, are relevant— (a) all the findings ...
    • ‼️ Child Protection

      This change could enhance child protection by increasing transparency about the risks associated with certain services.

    • ‼️ Tech Company Regulation

      This change imposes new disclosure requirements on tech companies, which could affect their operations and compliance processes.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care

    The bill proposes a new duty for providers of regulated user-to-user services and regulated search services to operate systems and processes that allow users and affected persons to easily report search content they consider harmful or inappropriate. This duty extends to content that is harmful to children, depending on the type of service.

    Exemplar quote from bill: ...10 15 20 25 30 35 40 Online Safety Bill Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care Chapter 3 — Providers of search services: duties of care 33 ...(2) A duty to operate a service using systems and processes that allow users and affected persons to easily report search content which they consider to be content of a kind specified below (with the duty extending to content that is harmful to children depending on the kind of service, as indicated by the headings).... All services (3) Illegal content. Services likely to be accessed by children (4) Content that is harmful to children. Interpretation (5) In this section “affected person” means a person, other than a...
    • ‼️ Child Protection

      This change could enhance child protection by making it easier for users and affected persons to report harmful content.

    • ‼️ Tech Company Regulation

      This change imposes new operational requirements on tech companies, which could affect their systems and processes.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care

    The bill introduces a duty for providers of regulated user-to-user services and regulated search services to consider the importance of protecting users' rights to freedom of expression and privacy when deciding on and implementing safety measures and policies.

    Exemplar quote from bill: ...cutting duties 33 Duties about freedom of expression and privacy (1) This section sets out the duties about freedom of expression and privacy which apply in relation to all regulated search services. ...(2) When deciding on, and implementing, safety measures and policies, a duty to have particular regard to the importance of protecting the rights of users and interested persons to freedom of expression within the law.... 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care Chapter 3 — Providers of search services: duties of ca...
    • ‼️ Human Rights

      This change emphasizes the importance of protecting users' rights to freedom of expression and privacy, which are fundamental human rights.

    • ‼️ Digital Privacy

      The change also highlights the need to protect users from breaches of privacy laws, which is a key aspect of digital privacy.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care

    The bill introduces a duty for providers of regulated user-to-user services and regulated search services to make and keep a written record of all aspects of every risk assessment, including how the assessment was carried out and its findings. Providers also have a duty to keep a record of any measures taken to comply with a relevant duty.

    Exemplar quote from bill: ...). 34 Record-keeping and review duties (1) This section sets out the record-keeping and review duties which apply in relation to regulated search services (as indicated by the headings). All services ...(2) A duty to make and keep a written record, in an easily understandable form, of all aspects of every risk assessment under section 26 or 28, including details about how the assessment was carried out and its findings.... (3) A duty to make and keep a written record of any measures taken or in use to comply with a relevant duty which— (a) are described in a code of practice and recommended for the purpose of complianc...
    • ‼️ Digital Privacy

      This change could enhance digital privacy by ensuring that providers are accountable for their risk assessments and compliance measures.

    • ‼️ Accountability

      The requirement for providers to keep records of their risk assessments and compliance measures increases their accountability.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care

    The bill introduces a requirement for providers of regulated user-to-user services and regulated search services to carry out a "children's access assessment" to determine whether it is possible for children to access the service and whether the "child user condition" is met.

    Exemplar quote from bill: ...ts procedures), and for the purposes of subsection (6), also includes the duties set out in section 76 (deceased child users). CHAPTER 4 CHILDREN'S ACCESS ASSESSMENTS 35 Children’s access assessments ...(1) In this Part, a “children’s access assessment” means an assessment of a Part 3 service— (a) to determine whether it is possible for children to access the service or a part of the service, and (b) if it is possible for children to access the service or a part of the service, to determine whether the child user condition is met in relation to the service or a part of the service.... (2) A provider is only entitled to conclude that it is not possible for children to access a service, or a part of it, if age verification or age estimation is used on the service with the result tha...
    • ‼️ Child Protection

      This change could enhance child protection by ensuring that providers assess whether their services are accessible to children and whether they meet the "child user condition".

    • ‼️ Digital Privacy

      The change could also enhance digital privacy for children by ensuring that providers assess whether their services are accessible to children.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Relationship between duties and codes of practice

    The bill proposes that a provider of a Part 3 service or a user-to-user service is to be treated as complying with a relevant duty if the provider takes or uses the measures described in a code of practice which are recommended for the purpose of compliance with the duty in question. This includes duties related to freedom of expression and privacy.

    Exemplar quote from bill: ...r this section as it applies in relation to amendments of a code of practice issued under section 43 or 45. 49 Relationship between duties and codes of practice Duties set out in Chapters 2 and 3 (1) ...A provider of a Part 3 service is to be treated as complying with a relevant duty if the provider takes or uses the measures described in a code of practice which are recommended for the purpose of compliance with the duty in question.... (2) A provider of a user-to-user service— (a) is to be treated as complying with the duty set out in section 22(2) (freedom of expression) if the provider takes or uses such of the relevant recommend...
    • ‼️ Political Power

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • ‼️ Digital Privacy

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Alternative measures for compliance with relevant duties

    The bill introduces a provision that allows providers of Part 3 services to comply with relevant duties by using alternative measures not described in the code of practice or fraudulent advertising code of practice. However, these alternative measures must consider the importance of protecting users' freedom of expression and privacy.

    Exemplar quote from bill: ... the provider takes or uses the measures described in a fraudulent advertising code of practice which are recommended for the purpose of compliance with the duty in question. Alternative measures (5) ...A provider of a Part 3 service who seeks to comply with a relevant duty by acting otherwise than by taking or using a measure described in a code of practice or a fraudulent advertising code of practice which is recommended for the purpose of compliance with the duty must have particular regard to the importance of the following (where relevant)— (a) protecting the right of users and (in the case of search services) interested persons to freedom of expression within the law, and (b) protecting the privacy of users.... (6) When assessing whether a provider of a Part 3 service is compliant with a relevant duty where the provider has acted otherwise than by taking or using a measure described in a code of practice or...
    • ‼️ Digital Privacy

      The provision emphasizes the importance of protecting user privacy, which could potentially enhance the privacy rights of users on Part 3 services.

    • ‼️ Human Rights

      The provision also emphasizes the importance of protecting users' freedom of expression, which could potentially enhance the freedom of expression rights of users on Part 3 services.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Assessment of compliance with relevant duties using alternative measures

    The bill introduces a provision that requires OFCOM to consider the extent to which the alternative measures taken by a provider of a Part 3 service extend across all areas of a service and incorporate safeguards for the protection of users' freedom of expression and privacy when assessing the provider's compliance with relevant duties.

    Exemplar quote from bill: ...owing (where relevant)— (a) protecting the right of users and (in the case of search services) interested persons to freedom of expression within the law, and (b) protecting the privacy of users. (6) ...When assessing whether a provider of a Part 3 service is compliant with a relevant duty where the provider has acted otherwise than by taking or using a measure described in a code of practice or a fraudulent advertising code of practice which is recommended for the purpose of compliance with the duty, OFCOM must consider the extent to which the alternative measures taken or in use by the provider— (a) extend across all areas of a service as mentioned in section 10(4), 12(5), 27(4) or 29(4) (if relevant to the duty in question), and (b) (where appropriate) incorporate safeguards for the protection of the matters mentioned in subsection (5)(a) and (b).... Interpretation (7) In subsections (1) to (4), references to taking or using measures recommended for the purpose of compliance with a duty, or to taking or using relevant recommended measures, are to...
    • ‼️ Digital Privacy

      The provision emphasizes the importance of incorporating safeguards for the protection of user privacy in alternative measures, which could potentially enhance the privacy rights of users on Part 3 services.

    • ‼️ Human Rights

      The provision also emphasizes the importance of incorporating safeguards for the protection of users' freedom of expression in alternative measures, which could potentially enhance the freedom of expression rights of users on Part 3 services.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Guidance about certain duties in Part 3

    The bill introduces a provision that requires OFCOM to produce guidance for providers of Category 1 services to assist them in complying with their duties related to assessments for adult user empowerment and news publisher content.

    Exemplar quote from bill: ...roviders of regulated user-to-user services and regulated search services: duties of care Chapter 6 — Codes of practice and guidance 52 Guidance 52 OFCOM’s guidance about certain duties in Part 3 (1) ...OFCOM must produce guidance for providers of Category 1 services to assist them in complying with their duties set out in section 14 (assessments related to the adult user empowerment duty set out in section 15(2)). OFCOM must produce guidance for providers of Category 1 services to assist them in complying with their duties set out in section 18 (news publisher content)....nt). (3) OFCOM must produce guidance for providers of Part 3 services to assist them in complying with— (a) their duties set out in section 23 or 34, except the duty set out in subsection (9) of those...
    • ‼️ Education

      The provision could potentially enhance the understanding and compliance of providers of Category 1 services with their duties related to assessments for adult user empowerment and news publisher content.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    OFCOM's guidance about protecting women and girls

    The bill proposes that OFCOM must produce guidance for providers of Part 3 services that focuses on content and activity that disproportionately affects women and girls.

    Exemplar quote from bill: ...t consult such persons as they consider appropriate. (4) OFCOM must publish guidance under this section (and any revised or replacement guidance). 54 OFCOM’s guidance about protecting women and girls ...(1) OFCOM must produce guidance for providers of Part 3 services which focuses on content and activity— (a) in relation to which such providers have duties set out in this Part or Part 4, and (b) which disproportionately affects women and girls.... (2) The guidance may, among other things— (a) contain advice and examples of best practice for assessing risks of harm to women and girls from content and activity mentioned in subsection (1), and fo...
    • ‼️ Gender and Sexuality

      This change could potentially improve the safety of women and girls online by ensuring that service providers are well-guided in their duties related to content and activity that disproportionately affects them.

    • ‼️ Human Rights

      The provision of guidance to service providers could enhance the protection of user rights online, particularly those of women and girls.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Subsection (7)

    The bill introduces the term "priority offence" which includes terrorism offences, offences related to child sexual exploitation and abuse, and other priority offences as specified in Schedules 5, 6, and 7.

    Exemplar quote from bill: ... they are), or (iii) the performance of a service by a person not qualified to perform it; or (b) it is an offence under the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277). ...(7) “Priority offence” means— (a) an offence specified in Schedule 5 (terrorism offences), (b) an offence specified in Schedule 6 (offences related to child sexual exploitation and abuse), or (c) an offence specified in Schedule 7 (other priority offences).... (8) “Terrorism content” means content that amounts to an offence specified in Schedule 5. (9) “CSEA content” means content that amounts to an offence specified in Schedule 6. (10) “Priority illegal c...
    • ‼️ National Security

      The inclusion of terrorism offences as priority offences could have implications for national security.

    • ‼️ Human Rights

      The inclusion of offences related to child sexual exploitation and abuse as priority offences could have implications for the protection of children's rights.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Content harmful to children: OFCOM’s review and report

    The bill mandates OFCOM to conduct reviews on the incidence and severity of harm caused by harmful content to children on regulated user-to-user services, regulated search services, and combined services. OFCOM is required to produce and publish a report on the outcome of each review, including advice on whether changes to sections 61 and 62 are appropriate. The reports must be published no more than three years apart, with the first report published within three years of the Act's passage. A copy of each report must be sent to the Secretary of State.

    Exemplar quote from bill: ...streatment. (13) In subsection (6) “person” is not limited to a real person. (14) In subsection (7) “animal” is not limited to a real animal. 63 Content harmful to children: OFCOM’s review and report ...(1) OFCOM must carry out reviews of— (a) the incidence on regulated user-to-user services of content that is harmful to children, (b) the incidence on regulated search services and combined services of search content that is harmful to children, and (c) the severity of harm that children in the United Kingdom suffer, or may suffer, as a result of those kinds of content. (2) OFCOM must produce and publish a report on the outcome of each review. (3) The report must include advice as to whether, in OFCOM’s opinion, it is appropriate to make changes to sections 61 and 62, specifying the changes that OFCOM recommend. (4) The reports must be published not more than three years apart. (5) The first report must be published before the end of the period of three years beginning with the day on which this Act is passed. (6) OFCOM must send a copy of each report to the Secretary of State.... 5 10 15 20 25 30 35 40 Online Safety Bill Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care Chapter 7 — Interpretation of Part 3 62 64 Review: offenc...
    • ‼️ Education

      (Variously affected)

    • ‼️ Human Rights

      The change is aimed at protecting children from harmful content online, which is a significant human rights issue.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 4 — Other duties of providers of regulated user-to-user services and regulated search services, Chapter 3 — Terms of service: transparency, accountability and freedom of expression, Section 73

    The bill proposes that providers of regulated user-to-user services must include clear and accessible provisions in their terms of service informing users about their right to bring a claim for breach of contract if their content is taken down or access is restricted in breach of the terms of service, or if they are suspended or banned from using the service in breach of the terms of service.

    Exemplar quote from bill: ...e” includes an offence under the law of a country outside the United Kingdom. (8) See also section 18 (duties to protect news publisher content). 73 Further duties about terms of service All services ...(1) A provider of a regulated user-to-user service must include clear and accessible provisions in the terms of service informing users about their right to bring a claim for breach of contract if— (a) regulated user-generated content which they generate, upload or share is taken down, or access to it is restricted, in breach of the terms of service, or (b) they are suspended or banned from using the service in breach of the terms of service.... Category 1 services (2) The duties set out in subsections (3) to (7) apply in relation to a Category 1 service, and references in subsections (3) to (9) to “provider” and “service” are to be read acc...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 3 of the Communications Act

    The amendment to Section 3 of the Communications Act introduces a new duty for OFCOM to ensure the adequate protection of citizens from harm presented by content on regulated services. It also specifies factors that OFCOM must consider in performing this duty, including the risk of harm to citizens, the need for higher protection for children, and the need for clarity for providers on how to comply with their duties.

    Exemplar quote from bill: ...blished for the purposes of this Part. PART 7 OFCOM'S POWERS AND DUTIES IN RELATION TO REGULATED SERVICES CHAPTER 1 GENERAL DUTIES 92 General duties of OFCOM under section 3 of the Communications Act ...(1) Section 3 of the Communications Act (general duties of OFCOM) is amended in accordance with subsections (2) to (8).... (2) In subsection (2), after paragraph (f) insert— “(g) the adequate protection of citizens from harm presented by content on regulated services, through the appropriate use by providers of such serv...
    • ‼️ Human Rights

      The amendment enhances the protection of citizens, especially children, from harmful online content, which is a significant step towards safeguarding human rights in the digital space.

    • ‼️ Education

      The requirement for clarity on compliance could lead to increased education and awareness among providers of regulated services about their responsibilities under the Online Safety Act.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Confirmation decisions: offences

    The bill introduces a new offence for failing to comply with a requirement imposed by a confirmation decision, particularly in relation to a failure to comply with a children’s online safety duty.

    Exemplar quote from bill: ...tion 133. 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 7 — OFCOM's powers and duties in relation to regulated services Chapter 6 — Enforcement powers 123 139 Confirmation decisions: offences (1) ...A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by the decision which— (a) is of a kind described in section 134(1), and (b) is imposed (whether or not exclusively) in relation to a failure to comply with a children’s online safety duty.... (2) A “children’s online safety duty” means a duty set out in— (a) section 12(3)(a), (b) section 12(3)(b), (c) section 82(2), or (d) section 82(4). (3) A person to whom a confirmation decision is giv...
    • ‼️ Justice System

      This change could potentially increase the number of prosecutions related to online safety, particularly in relation to children's safety.

    • ‼️ Human Rights

      This change could potentially increase the protection of children's rights online.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Penalty for failure to comply with confirmation decision

    The bill introduces a new penalty for failing to comply with a confirmation decision, which can be imposed by OFCOM.

    Exemplar quote from bill: ... are satisfied that the person has failed to comply with one or more of those requirements, and (d) OFCOM have not imposed a daily rate penalty under section 138(1)(b) in respect of that failure. (2) ...OFCOM may give the person a penalty notice under this section in respect of the failure to comply with the confirmation decision, requiring the person to pay to OFCOM a penalty of a single amount in sterling determined by OFCOM.... (3) But OFCOM may give such a notice to the person only after— (a) notifying the person that they propose to give a penalty notice under this section, specifying the reasons for doing so and indicati...
    • ‼️ Justice System

      This change could potentially increase the number of penalties imposed for non-compliance with online safety regulations.

    • ‼️ Economic Impact

      This change could potentially increase the financial burden on entities that fail to comply with online safety regulations.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Penalty for failure to comply with notice under section 122(1)

    The bill introduces a new penalty for failing to comply with a notice under section 122(1), which can be imposed by OFCOM.

    Exemplar quote from bill: ...vice to the provider of that service (notices to deal with terrorism content and CSEA content), and (b) OFCOM are satisfied that the provider has failed, or is failing, to comply with the notice. (2) ...OFCOM may give the provider a notice under this subsection stating that they propose to impose a penalty on the provider in respect of that failure.... (3) The provider may make representations to OFCOM (with any supporting evidence) about the matters contained in the notice. (4) Subsection (5) applies if— (a) the period allowed for representations ...
    • ‼️ Justice System

      This change could potentially increase the number of penalties imposed for non-compliance with online safety regulations.

    • ‼️ Economic Impact

      This change could potentially increase the financial burden on entities that fail to comply with online safety regulations.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Non-payment of fee

    The bill introduces a new penalty for non-payment of a fee, which can be imposed by OFCOM.

    Exemplar quote from bill: ...rs contained in the notice. (4) Subsection (5) applies if— (a) the period allowed for representations has expired, and (b) OFCOM are still satisfied as to the failure mentioned in subsection (1). (5) ...OFCOM may give the provider a penalty notice under this subsection requiring the provider to pay to OFCOM a penalty of an amount in sterling determined by OFCOM.... (6) The penalty may consist of any of the following, depending on what was specified in the notice about the proposed penalty— (a) a single amount; (b) an amount calculated by reference to a daily ra...
    • ‼️ Justice System

      This change could potentially increase the number of penalties imposed for non-payment of fees related to online safety regulations.

    • ‼️ Economic Impact

      This change could potentially increase the financial burden on entities that fail to pay fees related to online safety regulations.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 165 of the Online Safety Bill

    This change allows OFCOM to produce and publish reports about online safety matters. However, in publishing these reports, OFCOM must exclude confidential matters that relate specifically to the affairs of a particular body or individual and could seriously and prejudicially affect their interests.

    Exemplar quote from bill: ...d reports 146 (3) In subsection (1)(b) “inquiry” means an inquiry held, or to be held, under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2). 165 OFCOM’s reports ...(1) OFCOM may from time to time produce and publish reports about online safety matters. (2) In publishing a report mentioned in subsection (5), OFCOM must have regard to the need to exclude from publication, so far as that is practicable, the matters which are confidential in accordance with subsections (3) and (4). (3) A matter is confidential under this subsection if— (a) it relates specifically to the affairs of a particular body, and (b) publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body. (4) A matter is confidential under this subsection if— (a) it relates to the private affairs of an individual, and (b) publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.... (5) The reports referred to in subsection (2) are— (a) a report under section 129 (report in connection with notices to deal with terrorism content and CSEA content), (b) a report under section 158 (...
    • ‼️ Digital Privacy

      This change could potentially impact digital privacy by ensuring that confidential matters are excluded from published reports.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 9 — Secretary of State's functions in relation to regulated services

    The bill introduces a requirement for a committee established by a direction to publish a report within 18 months of its establishment and to continue publishing periodic reports thereafter.

    Exemplar quote from bill: ... such number of other members appointed by OFCOM as OFCOM consider appropriate. 5 10 15 20 25 30 35 40 Online Safety Bill Part 9 — Secretary of State's functions in relation to regulated services 155 ...(4) A committee required to be established by a direction must, unless the direction specifies otherwise, publish a report within the period of 18 months after being established, and after that must publish periodic reports.... (5) The Secretary of State may vary or revoke a direction given under this section. 176 Directions in special circumstances (1) The Secretary of State may give a direction to OFCOM under subsection (...
    • ‼️ Government Transparency

      This change increases transparency by requiring committees to publish reports on their activities.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 9 — Secretary of State's functions in relation to regulated services

    The bill mandates the Secretary of State to review the operation of the regulatory framework provided in this Act and section 11 of the Communications Act as it relates to regulated services.

    Exemplar quote from bill: ...ions In section 390 of the Communications Act (annual report on the Secretary of State’s functions), in subsection (2), after paragraph (e) insert— “(f) the Online Safety Act 2023.” Review 179 Review ...(1) The Secretary of State must review the operation of— (a) the regulatory framework provided for in this Act, and (b) section 11 of the Communications Act, to the extent that that section relates to regulated services.... (2) The review— 5 10 15 20 25 30 35 Online Safety Bill Part 9 — Secretary of State's functions in relation to regulated services 157 (a) must not be carried out before the end of the period of two ye...
    • ‼️ Internet Governance

      This change could potentially impact internet governance by requiring a review of the regulatory framework for online safety.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 182: Threatening communications offence

    The bill introduces a new offence for sending threatening messages with the intent or recklessness to cause fear that the threat would be carried out.

    Exemplar quote from bill: ...roviding such a service. (5) An offence under section 180 cannot be committed in connection with the showing of a film made for cinema to members of the public. 182 Threatening communications offence ...(1) A person commits an offence if— (a) the person sends a message (see section 183), (b) the message conveys a threat of death or serious harm, and (c) at the time of sending it, the person— (i) intended an individual encountering the message to fear that the threat would be carried out, or (ii) was reckless as to whether an individual encountering the message would fear that the threat would be carried out.... (2) “Serious harm” means— (a) serious injury amounting to grievous bodily harm within the meaning of the Offences against the Person Act 1861, (b) rape, (c) assault by penetration within the meaning ...
    • ‼️ Human Rights

      This change aims to protect individuals from threatening communications, which could enhance personal security and mental well-being.

    • ‼️ Justice System

      This introduces a new offence into the justice system, which will require enforcement and prosecution.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 187

    The bill proposes that if an offence under certain sections of the Act is committed by a body corporate and it is proved that the offence has been committed with the consent or connivance of an officer of the body corporate, or is attributable to any neglect on the part of an officer of the body corporate, the officer (as well as the body corporate) commits the offence and is liable to be proceeded against and punished accordingly.

    Exemplar quote from bill: ...) In subsection (7) “sheriff court district” is to be construed in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act). 187 Liability of corporate officers (1) ...If an offence under section 180, 182, 184 or 185 is committed by a body corporate and it is proved that the offence— (a) has been committed with the consent or connivance of an officer of the body corporate, or (b) is attributable to any neglect on the part of an officer of the body corporate, the officer (as well as the body corporate) commits the offence and is liable to be proceeded against and punished accordingly.... (2) “Officer”, in relation to a body corporate, means— (a) a director, manager, associate, secretary or other similar officer, or (b) a person purporting to act in any such capacity. In paragraph (a)...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Corporate Accountability

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 4 Section 42

    The bill introduces a requirement for OFCOM to ensure that measures described in codes of practice are compatible with the pursuit of online safety objectives.

    Exemplar quote from bill: ...n to Part 3 services of various kinds and sizes must be proportionate to OFCOM’s assessment (under section 99) of the risk of harm presented by services of that kind or size. Online safety objectives ...3 OFCOM must ensure that measures described in codes of practice are compatible with pursuit of the online safety objectives.... 4 The online safety objectives for regulated user-to-user services are as follows— (a) a service should be designed and operated in such a way that— (i) the systems and processes for regulatory compl...
    • ‼️ Cybersecurity

      This change could potentially impact cybersecurity, as it requires OFCOM to ensure that measures described in codes of practice are compatible with the pursuit of online safety objectives.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Principles of the Online Safety Bill

    The bill introduces principles that emphasize the importance of protecting users' rights to freedom of expression and privacy.

    Exemplar quote from bill: ...t duties must be designed in the light of the principles mentioned in sub-paragraph (2) and (where appropriate) incorporate safeguards for the protection of the matters mentioned in those principles. ...(2) The principles are— (a) the importance of protecting the right of users and (in the case of search services or combined services) interested persons to freedom of expression within the law, and (b) the importance of protecting the privacy of users.... (3) In sub-paragraph (2)(b) the reference to protecting the privacy of users is to protecting users from a breach of any statutory provision or rule of law concerning privacy that is relevant to the ...
    • ‼️ Human Rights

      The principles emphasize the importance of protecting users' rights to freedom of expression and privacy, which are fundamental human rights.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Content of codes of practice: age assurance

    The bill introduces the concept of age assurance in the code of practice, which is recommended for compliance with certain duties. Additional principles are set out to guide the use of age assurance.

    Exemplar quote from bill: ...actice may relate only to the design or operation of a Part 3 service— (a) in the United Kingdom, or (b) as it affects United Kingdom users of the service. Content of codes of practice: age assurance ...12 (1) This paragraph is about the inclusion of age assurance in a code of practice as a measure recommended for the purpose of compliance with any of the duties set out in section 12(2) or (3) or 29(2) or (3), and sub-paragraph (2) sets out some further principles, in addition to those in paragraphs 1 and 2 (general principles) and 10(2) (freedom of expression and privacy), which are particularly relevant.... (2) In deciding whether to recommend the use of age assurance, or which kinds of age assurance to recommend, OFCOM must have regard to the following— (a) the principle that age assurance should be ef...
    • ‼️ Human Rights

      The inclusion of age assurance in the code of practice is aimed at protecting the rights of children online.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 7 — Priority offences

    The bill introduces new priority offences related to sexual exploitation and sexual images. These offences include causing or inciting prostitution for gain, controlling prostitution for gain, possession of extreme pornographic images, and disclosing or threatening to disclose private sexual photographs and films with intent to cause distress.

    Exemplar quote from bill: ... (human trafficking). 26 An offence under section 2 of the Human Trafficking and Exploitation (Criminal Justice and Support for Victims) Act (Northern Ireland) 2015 (c. 2 (N.I.)) (human trafficking). ...Sexual exploitation 27 An offence under any of the following provisions of the Sexual Offences Act 2003— (a) section 52 (causing or inciting prostitution for gain); (b) section 53 (controlling prostitution for gain). 28 An offence under any of the following provisions of the Sexual Offences (Northern Ireland) Order 2008 (S.I. 2008/1769 (N.I. 2))— (a) Article 62 (causing or inciting prostitution for gain); (b) Article 63 (controlling prostitution for gain). Sexual images 29 An offence under section 63 of the Criminal Justice and Immigration Act 2008 (possession of extreme pornographic images). 30 An offence under section 33 of the Criminal Justice and Courts Act 2015 (disclosing, or threatening to disclose, private sexual photographs and films with intent to cause distress). 31 An offence under section 2 of the Abusive Behaviour and Sexual Harm (Scotland) Act 2016 (asp 22) (disclosing, or threatening to disclose, an intimate photograph or film).... 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 7 — Priority offences 242 Proceeds of crime 32 An offence under any of the following provisions of the Proceeds of Crime Act 2002— (a) section 327 (...
    • ‼️ Human Rights

      This change could potentially increase protections for individuals who are victims of sexual exploitation or non-consensual sharing of intimate images.

    • ‼️ Justice System

      This change could potentially increase the number of prosecutions for these offences, as they are now prioritised.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Internet services provided by persons providing education or childcare

    The bill proposes a new definition for internet services provided by persons providing education or childcare. This includes services provided by the person with legal responsibility for education or childcare, or a person who is employed or engaged to provide education or childcare and is subject to safeguarding duties.

    Exemplar quote from bill: ... paragraph, “public function” means a function that is a function of a public nature for the purposes of the Human Rights Act 1998. Services provided by persons providing education or childcare 4 (1) ...An internet service, other than a user-to-user service or a search service— (a) of which the provider is— (i) the person with legal responsibility for education or childcare of a description listed in Part 2 of Schedule 1 (“the responsible person”), or where the responsible person is a body, a member of that body, or (ii) a person who is employed or engaged to provide education or childcare of a description listed in Part 2 of Schedule 1, and who is subject to safeguarding duties which relate to the provision of that education or childcare, and (b) which is provided for the purposes of that education or childcare.... (2) In sub-paragraph (1)(a)(ii), “safeguarding duties” means duties or requirements which are related to the safeguarding of children arising under enactments other than this Act, under guidance or r...
    • ‼️ Education

      (Variously affected)

    • ‼️ Child Protection

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 12 — OFCOM’s powers of entry, inspection and audit

    The bill introduces restrictions on the powers conferred by paragraph 2 and those exercisable under a warrant. These powers cannot be exercised in respect of domestic premises or in relation to information or documents for which a claim to legal professional privilege or confidentiality of communications could be maintained.

    Exemplar quote from bill: ...starting with the date of its return. (5) If during that period the occupier of premises to which the warrant relates asks to inspect it, the occupier must be allowed to do so. Restrictions on powers ...17 (1) This paragraph applies in relation to— (a) powers conferred by paragraph 2 (entry and inspection without warrant), and (b) powers exercisable under a warrant.... (2) Those powers are not exercisable in respect of domestic premises. (3) Those powers are not exercisable in relation to information or documents in respect of which a claim to legal professional pr...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Sexual Offences (Amendment) Act 1992, section 6

    The amendment clarifies the interpretation of the person against whom an offence of threatening to share intimate photographs or films has been committed. It specifies that this person is the one to whom the threat was made and, if different, the person shown in the intimate state in the photograph or film.

    Exemplar quote from bill: ...nd 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 chil...
    • ‼️ Human Rights

      This amendment provides clarity and protection for victims of threats to share intimate photographs or films, which can be a form of sexual harassment or abuse.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Anti-social Behaviour, Crime and Policing Act 2014, section 116

    The amendment expands the list of offences related to exposure and voyeurism in the Sexual Offences Act 2003 for which hotels believed to be used for child sexual exploitation must provide information about guests. The list now includes offences under sections 66A and 66B(2) and (3).

    Exemplar quote from bill: ...itals, 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 ...
    • ‼️ Human Rights

      The amendment provides more protection for children from sexual exploitation.

    • ‼️ Justice System

      The amendment also has implications for the justice system, as it expands the range of offences for which hotels must provide information about guests.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Modern Slavery Act 2015, Schedule 4

    The amendment adds offences under sections 66A, 66B(2), and 66B(3) of the Sexual Offences Act 2003 to the list of offences to which the defence in section 45 of the Modern Slavery Act 2015 does not apply.

    Exemplar quote from bill: ...c 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)”.... 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 14 — Amendments consequential on offences in Part 10 of this Act Part 3 — Amendments consequential on offences in sections 188 and 189 274 Sentencin...
    • ‼️ Human Rights

      The amendment provides more protection for victims of modern slavery from sexual harassment and abuse.

    • ‼️ Justice System

      The amendment also has implications for the justice system, as it expands the range of offences for which the defence in section 45 does not apply.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Sentencing Act 2020, Part 2 of Schedule 18

    The amendment adds offences under sections 66A, 66B(2), and 66B(3) of the Sexual Offences Act 2003 to the list of specified sexual offences for purposes of section 306 of the Sentencing Act 2020.

    Exemplar quote from bill: ... 30 35 40 Online Safety Bill Schedule 14 — Amendments consequential on offences in Part 10 of this Act Part 3 — Amendments consequential on offences in sections 188 and 189 274 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 A...
    • ‼️ Human Rights

      The amendment provides more protection for victims of sexual harassment and abuse.

    • ‼️ Justice System

      The amendment also has implications for the justice system, as it expands the range of offences for which sentences can be imposed.

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Publication of codes of practice

    The bill proposes that OFCOM must publish each code of practice or amendments to a code of practice within three days of issuance. If a code of practice is withdrawn, OFCOM must publish a notice to that effect.

    Exemplar quote from bill: ...ndments of a code of practice laid before Parliament under section 44(11) as it applies in relation to a draft of a code of practice laid under that provision. 46 Publication of codes of practice (1) ...OFCOM must publish each code of practice issued under section 43 or 45 within the period of three days beginning with the day on which it is issued.... (2) Where amendments of a code of practice are issued under either of those sections, OFCOM must publish the amended code of practice within the period of three days beginning with the day on which t...
    • ‼️ Political Power

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Elections Act 2022, Schedule 9

    The amendment adds the offence under section 66A of the Sexual Offences Act 2003 (sending etc photograph or film of genitals) to the list of offences for purposes of Part 5 of the Elections Act 2022.

    Exemplar quote from bill: ...tograph 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 191 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...
    • ‼️ Human Rights

      The amendment provides more protection for individuals from sexual harassment during elections.

    • ‼️ Justice System

      The amendment also has implications for the justice system, as it expands the range of offences related to elections.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Advisory committee on disinformation and misinformation

    The bill proposes the establishment of an advisory committee on disinformation and misinformation.

    Exemplar quote from bill: ... OFCOM of details of enforcement action 151 Publication by providers of details of enforcement action Guidance 152 OFCOM’s guidance about enforcement action CHAPTER 7 COMMITTEES, RESEARCH AND REPORTS ...153 Advisory committee on disinformation and misinformation... 154 Functions of the Content Board viii Online Safety Bill 155 Research about users’ experiences of regulated services 156 Consumer consultation 157 OFCOM’s statement about freedom of expression and ...
    • ‼️ Political Power

      The establishment of this committee could have significant implications for political discourse, potentially providing a mechanism to combat the spread of false information that can influence political outcomes.

    • ‼️ Freedom of Information

      This committee could also impact freedom of information, depending on how it defines and responds to disinformation and misinformation.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Introduction of the Online Safety Bill

    The Online Safety Bill introduces a new regulatory framework aimed at making the use of internet services safer for individuals in the UK. The bill imposes duties on service providers to identify, mitigate, and manage risks of harm from illegal content and activity, and content and activity harmful to children. It also confers new functions and powers on the regulator, OFCOM.

    Exemplar quote from bill: ...th the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:— PART 1 INTRODUCTION 1 Introduction (1) ...This Act provides for a new regulatory framework which has the general purpose of making the use of internet services regulated by this Act safer for individuals in the United Kingdom.... (2) To achieve that purpose, this Act (among other things)— (a) imposes duties which, in broad terms, require providers of services regulated by this Act to identify, mitigate and manage the risks of...
    • ‼️ Human Rights

      The bill aims to protect individuals, particularly children, from harmful content and activities on the internet, thereby enhancing their digital rights and safety.

    • ‼️ Education

      The bill could indirectly impact education by making the internet a safer place for children, potentially facilitating online learning.

    • ‼️ Digital Privacy

      The bill could impact digital privacy as service providers may need to monitor and manage content more closely to comply with the new regulations.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Duties of care for providers of regulated user-to-user services and regulated search services

    The bill imposes duties of care on providers of regulated user-to-user services and regulated search services. It also requires OFCOM to issue codes of practice relating to some of these duties.

    Exemplar quote from bill: ...h services: duties of care Chapter 1 — Introduction 5 PART 3 PROVIDERS OF REGULATED USER-TO-USER SERVICES AND REGULATED SEARCH SERVICES: DUTIES OF CARE CHAPTER 1 INTRODUCTION 6 Overview of Part 3 (1) ...This Part imposes duties of care on providers of regulated user-to-user services and regulated search services and requires OFCOM to issue codes of practice relating to some of those duties.... (2) Chapter 2 imposes duties of care on providers of regulated user-to-user services in relation to content and activity on their services. (3) Chapter 3 imposes duties of care on providers of regula...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Duties of care for providers of user-to-user services

    The bill outlines the duties of care that all providers of regulated user-to-user services must comply with. These duties include risk assessments for illegal content, content reporting, complaints procedures, freedom of expression and privacy, and record-keeping and review.

    Exemplar quote from bill: ...(2) to (6) apply to determine which of the duties set out in this Chapter (and, in the case of combined services, Chapter 3) must be complied with by providers of regulated user-to-user services. (2) ...All providers of regulated user-to-user services must comply with the following duties in relation to each such service which they provide— (a) the duties about illegal content risk assessments set out in section 9, (b) the duties about illegal content set out in section 10(2) to (8), (c) the duty about content reporting set out in section 20, (d) the duties about complaints procedures set out in section 21, (e) the duties about freedom of expression and privacy set out in section 22(2) and (3), and (f) the duties about record-keeping and review set out in section 23(2) to (6)....ocedures set out in section 21, (e) the duties about freedom of expression and privacy set out in section 22(2) and (3), and (f) the duties about record-keeping and review set out in section 23(2) to ...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    subsection (8)

    The bill introduces new duties for service providers, which apply across all areas of a service. These duties include regulatory compliance, risk management, design of functionalities, policies on terms of use and user access, content moderation, user support measures, and staff policies and practices.

    Exemplar quote from bill: ...p a child user is in are examples of measures which (if not required by subsection (4)) may be taken or used (among others) for the purpose of compliance with a duty set out in subsection (2) or (3). ...(8) The duties set out in subsections (2) and (3) apply across all areas of a service, including the way it is designed, operated and used as well as content present on the service, and (among other things) require the provider of a service to take or use measures in the following areas, if it is proportionate to do so— (a) regulatory compliance and risk management arrangements, (b) design of functionalities, algorithms and other features, (c) policies on terms of use, (d) policies on user access to the service or to particular content present on the service, including blocking users from accessing the service or particular content, (e) content moderation, including taking down content, (f) functionalities allowing for control over content that is encountered, especially by children, (g) user support measures, and (h) staff policies and practices.... (9) A duty to include provisions in the terms of service specifying— (a) how children of any age are to be prevented from encountering primary priority content that is harmful to children (with each ...
    • ‼️ Digital Privacy

      The proposed changes could potentially impact digital privacy, as they involve policies on user access and content moderation.

    • ‼️ Tech Company Regulation

      The changes directly affect tech company operations and responsibilities, introducing new duties for service providers.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 24: Providers of search services: duties of care

    The bill introduces new duties for all providers of regulated search services. These duties include conducting risk assessments for illegal content, reporting content, handling complaints, ensuring freedom of expression and privacy, and maintaining records.

    Exemplar quote from bill: ...Providers of search services: duties of care (1) Subsections (2) to (4) apply to determine which of the duties set out in this Chapter must be complied with by providers of regulated search services. ...(2) All providers of regulated search services must comply with the following duties in relation to each such service which they provide— (a) the duties about illegal content risk assessments set out in section 26, (b) the duties about illegal content set out in section 27(2) to (8), (c) the duty about content reporting set out in section 31, (d) the duties about complaints procedures set out in section 32, (e) the duties about freedom of expression and privacy set out in section 33, and (f) the duties about record-keeping and review set out in section 34(2) to (6).... 5 10 15 20 25 30 35 40 Online Safety Bill Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care Chapter 3 — Providers of search services: duties of care ...
    • ‼️ Digital Privacy

      The new duties could potentially enhance digital privacy by requiring providers to ensure freedom of expression and privacy.

    • ‼️ Tech Company Regulation

      The new duties impose additional regulatory requirements on tech companies providing search services.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care, Chapter 6 — Codes of practice and guidance

    The bill proposes that OFCOM, the UK's communications regulator, must prepare and issue codes of practice for providers of certain internet services. These codes of practice will outline recommended measures for compliance with duties related to illegal content, particularly terrorism content and child sexual exploitation and abuse (CSEA) content. Additionally, OFCOM must prepare a code of practice for providers of Category 1 and Category 2A services regarding compliance with duties about fraudulent advertising.

    Exemplar quote from bill: ...on (2), (3) or (4), or (in Scotland) being involved art and part in the commission of such an offence. CHAPTER 6 CODES OF PRACTICE AND GUIDANCE Codes of practice 41 Codes of practice about duties (1) ...OFCOM must prepare and issue a code of practice for providers of Part 3 services describing measures recommended for the purpose of compliance with duties set out in section 10 or 27 (illegal content) so far as relating to terrorism content or offences within Schedule 5 (terrorism offences).... (2) OFCOM must prepare and issue a code of practice for providers of Part 3 services describing measures recommended for the purpose of compliance with duties set out in section 10 or 27 (illegal con...
    • ‼️ Internet Governance

      The proposed changes will significantly impact the governance of internet services, particularly those that allow user-to-user interactions and search services. The codes of practice will provide clear guidelines for these service providers to ensure they are compliant with laws related to illegal content and fraudulent advertising.

    • ‼️ Cybersecurity

      The changes will also have implications for cybersecurity, as they aim to combat illegal content, including terrorism-related and child sexual exploitation content, on the internet.

    • ‼️ Human Rights

      The changes could potentially impact human rights, particularly the right to freedom of expression, as service providers may need to implement stricter content moderation policies to comply with the codes of practice.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Section 205: Extra-territorial application

    The bill extends the application of its provisions to services provided from outside the UK. It also empowers the authorities to require the production of documents held outside the UK and to require the attendance for interview of individuals who are outside the UK.

    Exemplar quote from bill: ... liability of an officer under subsection (5). (9) In this section “offence” means an offence under this Act, except under Part 10. Extra-territorial application 205 Extra-territorial application (1) ...References in this Act to an internet service, a user-to-user service or a search service include such a service provided from outside the United Kingdom (as well as such a service provided from within the United Kingdom).... (2) The power to require the production of documents by an information notice includes power to require the production of documents held outside the United Kingdom. (3) The power conferred by section...
    • ‼️ National Security

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢🟢 Flagged as ?positive?
    • Impact: 🔵 Minor
    • Type: amendment

    Paragraph (1)

    The bill proposes to replace gender-specific pronouns with neutral terms in paragraph (1).

    Exemplar quote from bill: ...rotection of Children (Northern Ireland) Order 1978 (S.I. 1978/1047 (N.I. 17)) (defence to offence relating to indecent photographs of children) is amended in accordance with subsections (8) and (9). ...(8) In paragraph (1)— (a) for “he”, in each place, substitute “the defendant”; (b) for “him”, in each place, substitute “the defendant”;... (c) omit “or” at the end of sub-paragraph (b); (d) at the end of sub-paragraph (c) insert “, or (d) the defendant— (i) was at the time of the offence charged a member of OFCOM, employed or engaged by...
    • ‼️ Gender and Sexuality

      The change promotes gender neutrality in legal language.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Definition of "Proactive technology"

    The bill introduces a definition for "Proactive technology", which includes content identification technology, user profiling technology, and behaviour identification technology.

    Exemplar quote from bill: ... users of a regulated service. (4) A measure which requires a user to self-declare their age (without more) is not to be regarded as age verification or age estimation. 232 “Proactive technology” (1) ...In this Act “proactive technology” means— (a) content identification technology, (b) user profiling technology, or (c) behaviour identification technology, but this is subject to subsections (3) and (7).... (2) “Content identification technology” means technology, such as algorithms, keyword matching, image matching or image classification, which analyses content to assess whether it is content of a par...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Cybersecurity

      (Variously affected)

    • ‼️ Artificial Intelligence

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Schedule 7 — Priority offences

    The Online Safety Bill introduces a list of priority offences that include various crimes related to sexual offences, inchoate offences, assisting suicide, threats to kill, public order offences, harassment, stalking, fear or provocation of violence, drugs and psychoactive substances, firearms and other weapons, assisting illegal immigration, and human trafficking.

    Exemplar quote from bill: ...); (d) section 11 (controlling a child providing sexual services or involved in pornography); (e) section 12 (arranging or facilitating provision by child of sexual services or child pornography). 12 ...An offence under any of the following provisions of the Sexual Offences (Scotland) Act 2009—... (a) section 21 (causing a young child to participate in a sexual activity); (b) section 23 (causing a young child to look at a sexual image); (c) section 24 (communicating indecently with a young chi...
    • ‼️ Justice System

      The inclusion of these offences as priority offences could potentially lead to more stringent enforcement and prosecution of these crimes, particularly in the online context.

    • ‼️ Human Rights

      The prioritization of these offences could potentially enhance the protection of victims' rights, particularly in cases of sexual offences, harassment, stalking, and human trafficking.

    • ‼️ National Security

      The prioritization of offences related to illegal immigration and firearms could potentially impact national security measures and policies.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Schedule 8 — Transparency reports by providers of Category 1 services, Category 2A services and Category 2B services

    The bill introduces new requirements for providers of Category 1, Category 2A, and Category 2B services to report on a range of matters related to user-to-user parts of their service. These matters include the incidence and dissemination of illegal and harmful content, the number of users encountering such content, the systems and processes for reporting and dealing with such content, and measures taken to comply with various duties.

    Exemplar quote from bill: ... 8 — Transparency reports by providers of Category 1 services, Category 2A services and Category 2B services Part 1 — Matters about which information may be required: user-to-user part of service 243 ...SCHEDULE 8 Section 78 TRANSPARENCY REPORTS BY PROVIDERS OF CATEGORY 1 SERVICES, CATEGORY 2A SERVICES AND CATEGORY 2B SERVICES PART 1 MATTERS ABOUT WHICH INFORMATION MAY BE REQUIRED: USER-TO-USER PART OF SERVICE 1 The incidence of illegal content, content that is harmful to children, relevant content and content to which section 15(2) applies on a service. 2 The dissemination of illegal content, content that is harmful to children, relevant content and content to which section 15(2) applies by means of a service. 3 The number of users who are assumed to have encountered illegal content, content that is harmful to children, relevant content or content to which section 15(2) applies by means of the service. 4 The formulation, development, scope and application of the terms of service. 5 The systems and processes for users to report content which they consider to be illegal content, content that is harmful to children or relevant content. 6 The systems and processes that a provider operates to deal with illegal content, content that is harmful to children and relevant content, including systems and processes for identifying such content and taking it down. 7 Functionalities designed to help users manage risks relating to content that is harmful to children and relevant content. 8 Features, including functionalities, that a provider considers may contribute to risks of harm to individuals using the service, and measures taken or in use by the provider to mitigate and manage those risks. 9 The design and operation of algorithms which affect the display, promotion, restriction or recommendation of illegal content, content that is harmful to children, relevant content or content to which section 15(2) applies. 10 Measures taken or in use by a provider to comply with any duty set out in Chapter 2 or 4 of Part 3 or section 38 (including in particular measures that are described in a code of practice under section 41). 11 Measures taken or in use by a provider to comply with the duty set out in section 65(1) (user identity verification). 12 Arrangements that a provider has in place for the reporting (in the United Kingdom or elsewhere) of content relating to child sexual exploitation and abuse, and measures taken or in use by a provider to comply with a requirement under section 67. 13 Measures taken or in use by a provider to comply with any duty set out in section 72 or 73 (terms of service). 14 Measures taken or in use by a provider to comply with any duty set out in section 76 (deceased child users).... 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 8 — Transparency reports by providers of Category 1 services, Category 2A services and Category 2B services Part 1 — Matters about which information...
    • ‼️ Human Rights

      This change could potentially increase transparency and accountability of service providers, thereby protecting users' rights.

    • ‼️ Digital Privacy

      This change could potentially impact users' privacy, depending on how the reporting is implemented and the data is handled.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Schedule 8 — Transparency reports by providers of Category 1 services, Category 2A services and Category 2B services

    The bill introduces a range of new requirements for providers of certain internet services. These include the need to have systems and processes in place to deal with illegal and harmful content, particularly content that is harmful to children. Providers are also required to design and operate algorithms in a way that minimises the risk of such content being encountered, and to take measures to comply with various duties set out in the bill. Providers must also cooperate with government and regulatory bodies, provide a higher standard of protection for children than for adults, and take measures to improve the media literacy of users.

    Exemplar quote from bill: ...r content that is harmful to children, or other content which they consider breaches any statements of policies and procedures which have been made publicly available by the provider of a service. 25 ...The systems and processes that a provider operates to deal with illegal search content and search content that is harmful to children, including systems and processes for identifying such content and minimising the risk of those kinds of content being encountered by means of the service.... 26 Functionalities designed to help users manage risks relating to search content that is harmful to children. 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 8 — Transparency reports by providers...
    • ‼️ Education

      The requirement for providers to take measures to improve the media literacy of users could have a significant impact on education, particularly in relation to online safety and digital literacy.

    • ‼️ Human Rights

      The provisions relating to the handling of illegal and harmful content could have implications for human rights, particularly in relation to freedom of expression and the right to privacy.

    • ‼️ Child Protection

      The bill places a strong emphasis on protecting children from harmful content, which could have significant implications for child protection.

    • 🟢 Flagged for scrutiny
    • Impact: 🟣🟣🟣🟣 Reshaping
    • Type: insertion

    Penalties imposed by OFCOM under Chapter 6 of Part 7

    The bill introduces new regulations regarding penalties imposed by OFCOM. It sets a maximum penalty amount of £18 million or 10% of a person's qualifying worldwide revenue, whichever is greater. It also stipulates that a penalty cannot be of a different kind, a greater amount, or payable over a longer period than that proposed in the earlier notice. In cases where two or more entities are jointly and severally liable for a penalty, modifications are made to these rules. The bill also outlines how penalties can be recovered in England and Wales, Scotland, and Northern Ireland.

    Exemplar quote from bill: ... and 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 13 — Penalties imposed by OFCOM under Chapter 6 of Part 7 266 (b) proportionate to the failure (or failures) in respect of which it is imposed. ...(5) See also section 392 of the Communications Act (which requires OFCOM to produce guidelines about their determination of the amount of penalties that they impose).... Limitation to type and amount of penalties previously proposed 3 (1) A confirmation decision or penalty notice may not impose a penalty of a different kind, of a greater amount or (in the case of a p...
    • ‼️ Economic Impact

      The new regulations could have significant economic implications for entities that violate the rules, especially those with high worldwide revenues. The maximum penalty amount being set at 10% of a person's qualifying worldwide revenue could result in substantial fines for large corporations.

    • ‼️ Justice System

      The bill provides clear guidelines on how penalties can be imposed and recovered, which could streamline the enforcement process and ensure consistency in the application of penalties.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Media literacy

    The bill introduces provisions related to media literacy, though the specific details are not provided in the excerpt.

    Exemplar quote from bill: ...use of app stores by children 163 OFCOM’s report about researchers’ access to information 164 OFCOM’s report in connection with investigation into a death 165 OFCOM’s reports CHAPTER 8 MEDIA LITERACY ...166 Media literacy... 167 Media literacy strategy and media literacy statement PART 8 APPEALS AND SUPER-COMPLAINTS CHAPTER 1 APPEALS 168 Appeals against OFCOM decisions relating to the register under section 96 169 Appeal...
    • ‼️ Education

      This could have significant implications for education, potentially leading to increased emphasis on teaching media literacy in schools.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Illegal content duties for user-to-user services

    The bill introduces a new requirement for providers of user-to-user services to conduct a risk assessment of illegal content. This assessment must be kept up to date, especially when OFCOM makes significant changes to a risk profile related to the service. Additionally, before making any significant changes to the service's design or operation, a new risk assessment must be conducted.

    Exemplar quote from bill: ...ties for user-to-user services 9 Illegal content risk assessment duties (1) This section sets out the duties about risk assessments which apply in relation to all regulated user-to-user services. (2) ...A duty to carry out a suitable and sufficient illegal content risk assessment at a time set out in, or as provided by, Schedule 3.... (3) A duty to take appropriate steps to keep an illegal content risk assessment up to date, including when OFCOM make any significant change to a risk profile that relates to services of the kind in ...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • ‼️ Cybersecurity

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Safety duties about illegal content

    The bill introduces new safety duties for providers of user-to-user services regarding illegal content. These duties include taking proportionate measures to prevent individuals from encountering priority illegal content, mitigating and managing the risk of the service being used for the commission or facilitation of a priority offence, and mitigating and managing the risks of harm to individuals. These duties are based on the findings of the most recent illegal content risk assessment.

    Exemplar quote from bill: ...ety duties about illegal content (1) This section sets out the duties about illegal content which apply in relation to regulated user-to-user services (as indicated by the headings). All services (2) ...A duty, in relation to a service, to take or use proportionate measures relating to the design or operation of the service to— (a) prevent individuals from encountering priority illegal content by means of the service, (b) effectively mitigate and manage the risk of the service being used for the commission or facilitation of a priority offence, as identified in the most recent illegal content risk assessment of the service, and (c) effectively mitigate and manage the risks of harm to individuals, as identified in the most recent illegal content risk assessment of the service (see section 9(5)(g)).... (3) A duty to operate a service using proportionate systems and processes designed to— (a) minimise the length of time for which any priority illegal content is present; (b) where the provider is ale...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • ‼️ Cybersecurity

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Terms of service

    The bill introduces new duties for providers of user-to-user services regarding the terms of service. These duties include specifying how individuals are protected from illegal content, applying these provisions consistently, providing information about any proactive technology used for compliance, and ensuring that these provisions are clear and accessible.

    Exemplar quote from bill: ..., (e) content moderation, including taking down content, (f) functionalities allowing users to control the content they encounter, (g) user support measures, and (h) staff policies and practices. (5) ...A duty to include provisions in the terms of service specifying how individuals are to be protected from illegal content, addressing each paragraph of subsection (3), and (in relation to paragraph (a)) separately addressing terrorism content, CSEA content (see section 59 and Schedule 6) and other priority illegal content.... (6) A duty to apply the provisions of the terms of service referred to in subsection (5) consistently. (7) A duty to include provisions in the terms of service giving information about any proactive ...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • ‼️ Cybersecurity

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care

    The bill proposes new duties for providers of regulated user-to-user services and regulated search services. These duties include implementing features that reduce the likelihood of users encountering certain types of content or alerting users to such content. Providers must ensure these features are available to all adult users and are easy to access. Providers must also offer users the earliest possible opportunity to indicate whether they wish to retain or change the default settings for these features.

    Exemplar quote from bill: ...25 30 35 40 45 Online Safety Bill Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care Chapter 2 — Providers of user-to-user services: duties of care 15 ...(3) The features referred to in subsection (2) are those which, if used or applied by a user, result in the use by the service of systems or processes designed to effectively— (a) reduce the likelihood of the user encountering content to which subsection (2) applies present on the service, or (b) alert the user to content present on the service that is a particular kind of content to which subsection (2) applies.... (4) A duty to ensure that all features included in a service in compliance with the duty set out in subsection (2) (“control features”) are made available to all adult users and are easy to access. (...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care

    The bill proposes that providers of regulated user-to-user services and regulated search services have a duty to include clear and accessible provisions in their terms of service. These provisions must specify which control features are offered and how users can take advantage of them. Providers must also summarise the findings of the most recent assessment of their service in their terms of service.

    Exemplar quote from bill: ... mentioned in that subsection in relation to the feature; (b) no longer applies in relation to a user once the user has taken such a step in relation to every control feature included in the service. ...(7) A duty to include clear and accessible provisions in the terms of service specifying which control features are offered and how users may take advantage of them.... (8) A duty to summarise in the terms of service the findings of the most recent assessment of a service under section 14 (assessments related to the duty set out in subsection (2)). (9) A duty to inc...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care

    The bill proposes that providers of regulated user-to-user services and regulated search services have a duty to include features in their service that allow adult users to filter out non-verified users. These features must be designed to prevent non-verified users from interacting with content that the user generates, uploads, or shares on the service and to reduce the likelihood of the user encountering content that non-verified users generate, upload, or share on the service.

    Exemplar quote from bill: ...dvantage of them. (8) A duty to summarise in the terms of service the findings of the most recent assessment of a service under section 14 (assessments related to the duty set out in subsection (2)). ...(9) A duty to include in a service features which adult users may use or apply if they wish to filter out non-verified users.... (10) The features referred to in subsection (9) are those which, if used or applied by a user, result in the use by the service of systems or processes designed to effectively— (a) prevent non-verifi...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (3)

    This change introduces a new process for providers of regulated user-to-user services and regulated search services when they are considering taking action against a recognised news publisher. The provider must notify the news publisher, explain the reasons for the proposed action, consider any representations made by the news publisher, and then notify the news publisher of the decision and the reasons for it.

    Exemplar quote from bill: ...t out in subsection (3) before— (a) taking action in relation to content present on the service that is news publisher content, or (b) taking action against a user who is a recognised news publisher. ...(3) The steps referred to in subsection (2) are— (a) to give the recognised news publisher in question a notification which— (i) specifies the action that the provider is considering taking, (ii) gives reasons for that proposed action by reference to each relevant provision of the terms of service, (iii) where the proposed action relates to news publisher content that is also journalistic content, explains how the provider took the importance of the free expression of journalistic content into account when deciding on the proposed action, and (iv) specifies a reasonable period within which the recognised news publisher may make representations, (b) to consider any representations that are made, and (c) to notify the recognised news publisher of the decision and the reasons for it (addressing any representations made)....isher may make representations, (b) to consider any representations that are made, and (c) to notify the recognised news publisher of the decision and the reasons for it (addressing any representation...
    • ‼️ Freedom of Information

      This change could potentially enhance the freedom of information by ensuring that news publishers are given a fair opportunity to respond before any action is taken against them.

    • ‼️ Justice System

      This change introduces a new process that providers must follow, which could have implications for how disputes between providers and news publishers are resolved in the justice system.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (7), (8)

    The bill introduces a new requirement for service providers to include provisions in their terms of service that specify how journalistic content is identified, how the importance of free expression of journalistic content is considered when making decisions, and the policies and processes for handling complaints related to journalistic content. It also requires that these provisions are clear, accessible, and applied consistently.

    Exemplar quote from bill: ...icated and expedited complaints procedure available to a recognised news publisher in relation to a decision if the provider has taken the steps set out in section 18(3) in relation to that decision. ...(7) A duty to include provisions in the terms of service specifying— (a) by what methods content present on the service is to be identified as journalistic content; (b) how the importance of the free expression of journalistic content is to be taken into account when making decisions mentioned in subsection (2); (c) the policies and processes for handling complaints in relation to content which is, or is considered to be, journalistic content. (8) A duty to ensure that— (a) the provisions of the terms of service referred to in subsection (7) are clear and accessible, and (b) those provisions are applied consistently.... Interpretation (9) In determining what is proportionate for the purposes of subsection (2), the size and capacity of the provider of a service, in particular, is relevant. (10) For the purposes of th...
    • ‼️ Freedom of Information

      This change could potentially enhance the freedom of information by ensuring that journalistic content is clearly identified and protected on online platforms.

    • ‼️ Human Rights

      This change could potentially enhance human rights by ensuring that the importance of free expression of journalistic content is taken into account when making decisions.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (20), (21)

    The bill introduces new duties for providers of regulated user-to-user services to operate systems and processes that allow users and affected persons to easily report content they consider to be of a specified kind. It also introduces a duty to operate a complaints procedure that allows for relevant kinds of complaints to be made, provides for appropriate action to be taken in response to such complaints, and is easy to access, easy to use (including by children), and transparent.

    Exemplar quote from bill: ... (11) For the purposes of this section and section 85, the “provider” of a regulated service, in relation to a charging year, includes a person who is the provider of the service for part of that year...(20) Duty about content reporting (1) This section sets out the duty about content reporting which applies in relation to all regulated user-to-user services. (2) A duty to operate a service using systems and processes that allow users and affected persons to easily report content which they consider to be content of a kind specified below (with the duty extending to different kinds of content depending on the kind of service, as indicated by the headings). (21) Duties about complaints procedures (1) This section sets out the duties about complaints procedures which apply in relation to all regulated user-to-user services. (2) A duty to operate a complaints procedure in relation to a service that— (a) allows for relevant kinds of complaint to be made (as set out under the headings below), (b) provides for appropriate action to be taken by the provider of the service in response to complaints of a relevant kind, and (c) is easy to access, easy to use (including by children) and transparent....s mentioned in section 89(1). (5) Where a person is the provider of a regulated service for part of a charging year only, OFCOM may refund all or part of a fee paid to OFCOM under this section by that...
    • ‼️ Human Rights

      This change could potentially enhance human rights by ensuring that users and affected persons have an easy and transparent way to report content and make complaints.

    • ‼️ Justice System

      This change could potentially impact the justice system by providing a mechanism for users and affected persons to seek redress for content they consider to be inappropriate or illegal.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Services likely to be accessed by children

    The bill proposes a new set of complaint categories for services that are likely to be accessed by children. These complaints range from content considered harmful to children, non-compliance with children's online safety duties, content removal or restriction, user restriction due to harmful content, and inability to access content due to incorrect age assessment.

    Exemplar quote from bill: ... (for example, by affecting content not of a kind specified in the terms of service as a kind of content in relation to which the technology would operate). Services likely to be accessed by children ...(5) The following kinds of complaint are relevant for services that are likely to be accessed by children— (a) complaints by users and affected persons about content, present on a part of a service that it is possible for children to access, which they consider to be content that is harmful to children; (b) complaints by users and affected persons if they consider that the provider is not complying with a duty set out in section 12 (children’s online safety); (c) complaints by a user who has generated, uploaded or shared content on a service if that content is taken down, or access to it is restricted, on the basis that it is content that is harmful to children; (d) complaints by a user of a service if the provider has given a warning to the user, suspended or banned the user from using the service, or in any other way restricted the user’s ability to use the service, as a result of content generated, uploaded or shared by the user which the provider considers to be content that is harmful to children; (e) complaints by a user who is unable to access content because measures used to comply with a duty set out in section 12(2) or (3) have resulted in an incorrect assessment of the user’s age.... Category 1 services (6) The relevant kind of complaint for Category 1 services is complaints by users and affected persons if they consider that the provider is not complying with a duty set out in— ...
    • ‼️ Education

      This change could potentially improve the safety of online platforms for children, by providing clear avenues for complaints related to harmful content and non-compliance with safety measures.

    • ‼️ Human Rights

      This change could potentially infringe on the rights of users who are incorrectly assessed as underage, limiting their access to certain content.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 26: Illegal content risk assessment duties

    The bill introduces a new duty for providers of regulated search services to carry out and keep up-to-date a risk assessment for illegal content.

    Exemplar quote from bill: ...t duties for user-to-user services 9 Illegal content risk assessment duties (1) This section sets out the duties about risk assessments which apply in relation to all regulated user-to-user services. ...(2) A duty to carry out a suitable and sufficient illegal content risk assessment at a time set out in, or as provided by, Schedule 3. (3) A duty to take appropriate steps to keep an illegal content risk assessment up to date, including when OFCOM make any significant change to a risk profile that relates to services of the kind in question.... (4) Before making any significant change to any aspect of a service’s design or operation, a duty to carry out a further suitable and sufficient illegal content risk assessment relating to the impact...
    • ‼️ Cybersecurity

      The new duty could potentially enhance cybersecurity by requiring providers to assess and manage the risk of illegal content.

    • ‼️ Tech Company Regulation

      The new duty imposes additional regulatory requirements on tech companies providing search services.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 27: Safety duties about illegal content

    The bill introduces a new duty for providers of regulated search services to take proportionate measures to mitigate and manage the risks of harm to individuals from illegal content.

    Exemplar quote from bill: ...s). 27 Safety duties about illegal content (1) This section sets out the duties about illegal content which apply in relation to regulated search services (as indicated by the headings). All services ...(2) A duty, in relation to a service, to take or use proportionate measures relating to the design or operation of the service to effectively mitigate and manage the risks of harm to individuals, as identified in the most recent illegal content risk assessment of the service (see section 26(5)(c)).... (3) A duty to operate a service using proportionate systems and processes designed to minimise the risk of individuals encountering search content of the following kinds— (a) priority illegal content...
    • ‼️ Cybersecurity

      The new duty could potentially enhance cybersecurity by requiring providers to mitigate and manage the risk of harm from illegal content.

    • ‼️ Tech Company Regulation

      The new duty imposes additional regulatory requirements on tech companies providing search services.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Regulated search services

    The bill proposes new duties for providers of regulated search services. These duties encompass all areas of a service, including design, operation, and use, as well as search content. The provider is required to take measures in regulatory compliance, risk management, design of functionalities, user control over content, content prioritisation, user support, and staff policies and practices.

    Exemplar quote from bill: ...apter 3 — Providers of search services: duties of care 29 (b) other illegal content that the provider knows about (having been alerted to it by another person or become aware of it in any other way). ...(4) The duties set out in subsections (2) and (3) apply across all areas of a service, including the way the search engine is designed, operated and used as well as search content of the service, and (among other things) require the provider of a service to take or use measures in the following areas, if it is proportionate to do so— (a) regulatory compliance and risk management arrangements, (b) design of functionalities, algorithms and other features relating to the search engine, (c) functionalities allowing users to control the content they encounter in search results, (d) content prioritisation, (e) user support measures, and (f) staff policies and practices.... (5) A duty to include provisions in a publicly available statement specifying how individuals are to be protected from search content that is illegal content. (6) A duty to apply the provisions of th...
    • ‼️ Digital Privacy

      This change could potentially enhance user control over the content they encounter, which could improve digital privacy.

    • ‼️ Tech Company Regulation

      This change imposes new duties on tech companies providing search services, which could affect their operations and practices.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 — Providers of regulated user-to-user services and regulated search services: duties of care

    The bill proposes a new requirement for providers of regulated user-to-user services and regulated search services to disclose information about any proactive technology they use for compliance purposes. This information, which must be clear and accessible, should include the type of technology, when it is used, and how it works.

    Exemplar quote from bill: ...e statement specifying how individuals are to be protected from search content that is illegal content. (6) A duty to apply the provisions of the statement referred to in subsection (5) consistently. ...(7) A duty to include provisions in a publicly available statement giving information about any proactive technology used by a service for the purpose of compliance with a duty set out in subsection (2) or (3) (including the kind of technology, when it is used, and how it works).... (8) A duty to ensure that the provisions of the publicly available statement referred to in subsections (5) and (7) are clear and accessible. Additional duty for Category 2A services (9) A duty to su...
    • ‼️ Digital Privacy

      This change could increase transparency about the use of proactive technologies by service providers, potentially enhancing user understanding and trust.

    • ‼️ Tech Company Regulation

      This change imposes new disclosure requirements on tech companies, which could affect their operations and compliance processes.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Children's access assessments

    The bill introduces a new requirement for service providers to conduct a children's access assessment to determine if children can access the service and if the child user condition is met.

    Exemplar quote from bill: ...to be accessed by children” in the following three cases (with the result that the duties set out in sections 11 and 12, or (as the case may be) sections 28 and 29, apply in relation to the service). ...(2) The first case is where a children’s access assessment carried out by the provider of the service concludes that— (a) it is possible for children to access the service or a part of it, and (b) the child user condition is met in relation to— (i) the service, or (ii) a part of the service that it is possible for children to access....n to access the service or a part of it, and (b) the child user condition is met in relation to— (i) the service, or (ii) a part of the service that it is possible for children to access. This subsect...
    • ‼️ Education

      This change could potentially improve the safety of children online by ensuring that services are appropriately assessed for child access.

    • ‼️ Human Rights

      This change could potentially impact the rights of children to access certain online services, depending on the outcome of the assessment.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Subsection (9) to (15) of the Online Safety Bill

    The bill proposes that OFCOM must submit drafts of the first code of practice relating to various duties, including terrorism, CSEA, illegal content, children's online safety, content reporting, and complaints procedures, to the Secretary of State within 18 months of the Act being passed. If necessary, OFCOM can extend this period by up to 12 months, but they must publish a statement explaining why the extension is necessary and the length of the extension. However, an extension cannot be granted if a statement has previously been made for the same draft.

    Exemplar quote from bill: ...ce prepared under section 41 as they apply in relation to a draft of a code of practice prepared under that section. (8) This section is subject to section 48 (minor amendments of codes of practice). ...(9) Subsection (11) applies to— (a) a draft of the first code of practice prepared under section 41(1) (terrorism code of practice); (b) a draft of the first code of practice prepared under section 41(2) (CSEA code of practice); (c) a draft of the first code of practice prepared under section 41(3) relating to a duty set out in section 10 or 27 (illegal content); (d) a draft of the first code of practice prepared under section 41(3) relating to a duty set out in section 12 or 29 (children’s online safety); (e) a draft of the first code of practice prepared under section 41(3) relating to a duty set out in section 20 or 31 (content reporting); (f) a draft of the first code of practice prepared under section 41(3) relating to— (i) a duty set out in section 21 (complaints procedures) that concerns complaints of a kind mentioned in subsection (4) or (5) of that section, or (ii) a duty set out in section 32 (complaints procedures). (10) For the purposes of paragraphs (c) to (f) of subsection (9) a draft of a code of practice is a draft of the first code of practice relating to a duty if— (a) it describes measures recommended for the purpose of compliance with the duty, and (b) it is a draft of the first code of practice prepared under section 41(3) that describes measures for that purpose. (11) OFCOM must submit a draft to which this subsection applies to the Secretary of State under subsection (1) within the period of 18 months beginning with the day on which this Act is passed. (12) If OFCOM consider that it is necessary to extend the period mentioned in subsection (11) in relation to a draft mentioned in any of paragraphs (a) to (f) of subsection (9), OFCOM may extend the period in relation to that draft by up to 12 months by making and publishing a statement. But this is subject to subsection (15). (13) A statement under subsection (12) must set out— (a) the reasons why OFCOM consider that it is necessary to extend the period mentioned in subsection (11) in relation to the draft concerned, and (b) the period of extension. (14) A statement under subsection (12) may be published at the same time as (or incorporate) a statement under section 195(3) (extension of time to prepare certain guidance). (15) But a statement under subsection (12) may not be made in relation to a draft mentioned in a particular paragraph of subsection (9) if— (a) a statement has previously been made under subsection (12) (whether in relation to a draft mentioned in the same or a different paragraph of subsection (9)), or (b) a statement has previously been made under section 195(3)....e under subsection (12) (whether in relation to a draft mentioned in the same or a different paragraph of subsection (9)), or (b) a statement has previously been made under section 195(3). 44 Secretar...
    • ‼️ National Security

      (Variously affected)

    • ‼️ Public Health

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • ‼️ Education

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Procedure for issuing codes of practice

    The bill proposes a new procedure for issuing codes of practice. The procedure is divided into two types: the affirmative procedure and the negative procedure. The affirmative procedure requires approval from both Houses of Parliament before OFCOM can issue a code of practice. If the draft is not approved, OFCOM must prepare another draft. The negative procedure allows OFCOM to issue a code of practice if neither House of Parliament resolves not to approve the draft within a 40-day period.

    Exemplar quote from bill: ...ion. (14) In this section “terrorism or CSEA code of practice” means a code of practice under section 41(1) or (2). 45 Procedure for issuing codes of practice following direction under section 44 (1) ...This section sets out the procedure that applies where a draft of a code of practice is laid before Parliament under section 44(11).... (2) If the draft contains modifications made following a direction given under section 44(1), (2) or (3)(b), the affirmative procedure applies. (3) If the draft contains modifications made following ...
    • ‼️ Political Power

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Review of codes of practice

    The bill proposes that OFCOM must keep each code of practice under review. The Secretary of State may require OFCOM to review a terrorism or CSEA code of practice if it is considered necessary for reasons of national security or public safety.

    Exemplar quote from bill: ...riod of three days beginning with the day on which the amendments are issued. (3) Where a code of practice is withdrawn, OFCOM must publish a notice to that effect. 47 Review of codes of practice (1) ...OFCOM must keep under review each code of practice published under section 46.... (2) The Secretary of State may require OFCOM to review a terrorism or CSEA code of practice published under section 46 if the Secretary of State considers a review to be necessary for reasons of nati...
    • ‼️ Political Power

      (Variously affected)

    • ‼️ National Security

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    OFCOM's guidance for providers of Part 3 services

    The bill proposes that OFCOM must produce guidance to assist providers of Part 3 services in complying with their duties, except for record-keeping and review duties. This guidance also includes duties set out in section 36, which pertains to children's access assessments.

    Exemplar quote from bill: ...ment duty set out in section 15(2)). (2) OFCOM must produce guidance for providers of Category 1 services to assist them in complying with their duties set out in section 18 (news publisher content). ...(3) OFCOM must produce guidance for providers of Part 3 services to assist them in complying with— (a) their duties set out in section 23 or 34, except the duty set out in subsection (9) of those sections (record-keeping and review), and (b) their duties set out in section 36 (children’s access assessments).... (4) Before producing guidance under subsection (1) or (3) (including revised or replacement guidance), OFCOM must consult the Information Commissioner. (5) OFCOM must publish guidance under this sect...
    • ‼️ Education

      This change could potentially improve the safety of children online by ensuring that service providers are well-guided in their duties related to children's access assessments.

    • ‼️ Human Rights

      The provision of guidance to service providers could enhance the protection of user rights online, particularly those of children.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 72

    Providers of Category 1 services are required to use proportionate systems and processes to ensure they do not take down user-generated content, restrict access to such content, or suspend or ban users, except in accordance with their terms of service. However, providers are allowed to take such actions to comply with duties to protect individuals from illegal content or children from harmful content, or to avoid criminal or civil liability.

    Exemplar quote from bill: ... country outside the United Kingdom. CHAPTER 3 TERMS OF SERVICE: TRANSPARENCY, ACCOUNTABILITY AND FREEDOM OF EXPRESSION 72 Duty not to act against users except in accordance with terms of service (1) ...A provider of a Category 1 service must operate the service using proportionate systems and processes designed to ensure that the provider does not— (a) take down regulated user-generated content from the service, (b) restrict users’ access to regulated user-generated content, or (c) suspend or ban users from using the service, except in accordance with the terms of service.... (2) Nothing in subsection (1) is to be read as preventing a provider from taking down content from a service or restricting users’ access to it, or suspending or banning a user, if such an action is ...
    • ‼️ Freedom of Information

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 4 — Other duties of providers of regulated user-to-user services and regulated search services, Chapter 3 — Terms of service: transparency, accountability and freedom of expression, Section 67

    The bill proposes that providers of regulated user-to-user services and regulated search services can take down content or restrict user access if the user has committed an offence in generating, uploading, or sharing it on the service. Providers can also suspend or ban a user if they have committed an offence or facilitated fraudulent advertisements on the service.

    Exemplar quote from bill: ...Safety Bill Part 4 — Other duties of providers of regulated user-to-user services and regulated search services Chapter 3 — Terms of service: transparency, accountability and freedom of expression 67 ...(3) In addition, nothing in subsection (1) is to be read as preventing a provider from— (a) taking down content from a service or restricting users’ access to it on the basis that a user has committed an offence in generating, uploading or sharing it on the service, or (b) suspending or banning a user on the basis that— (i) the user has committed an offence in generating, uploading or sharing content on the service, or (ii) the user is responsible for, or has facilitated, the presence or attempted placement of a fraudulent advertisement on the service.... (4) The duty set out in subsection (1) does not apply in relation to— (a) consumer content (see section 75); (b) terms of service which deal with the treatment of consumer content. (5) If a person is...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Cybersecurity

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 4 — Other duties of providers of regulated user-to-user services and regulated search services, Chapter 3 — Terms of service: transparency, accountability and freedom of expression, Section 74

    The bill proposes that OFCOM must produce guidance for providers of Category 1 services to assist them in complying with their duties set out in sections 72 and 73(3) to (7).

    Exemplar quote from bill: ..., and references to users are to United Kingdom users of a service. (12) See also section 18 (duties to protect news publisher content). 74 OFCOM’s guidance about duties set out in sections 72 and 73 ...(1) OFCOM must produce guidance for providers of Category 1 services to assist them in complying with their duties set out in sections 72 and 73(3) to (7).... (2) OFCOM must publish the guidance (and any revised or replacement guidance). 75 Interpretation of this Chapter (1) This section applies for the purposes of this Chapter. (2) “Regulated user-generat...
    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 4 — Other duties of providers of regulated user-to-user services and regulated search services, Chapter 4 — Deceased Child Users, Section 76

    The bill proposes new regulations for providers of relevant services (defined as Category 1, 2A, and 2B services) regarding the handling of requests from parents of deceased children for information about the child's use of the service. The providers must clearly state their policy on this matter in their terms of service, have a dedicated helpline or similar means for parents to find out how to obtain information, specify the procedure for parents to request information, respond in a timely manner to such requests, and operate a complaints procedure for parents who believe the provider is not complying with these duties.

    Exemplar quote from bill: ... the meaning of “Category 1 service”, see section 96 (register of categories of services). CHAPTER 4 DECEASED CHILD USERS 76 Disclosure of information about use of service by deceased child users (1) ...A provider of a relevant service must make it clear in the terms of service what their policy is about dealing with requests from parents of a deceased child for information about the child’s use of the service.... (2) A provider of a relevant service must have a dedicated helpline or section of the service, or some similar means, by which parents can easily find out what they need to do to obtain information a...
    • ‼️ Human Rights

      This change could potentially enhance the rights of parents to access information about their deceased child's use of online services, providing them with a clearer process and more transparency from service providers.

    • ‼️ Digital Privacy

      This change could potentially impact the privacy of deceased children, as it allows for their online activity to be disclosed to their parents. However, the bill does not specify what kind of information can be disclosed, leaving it up to the service providers to decide.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 79 - OFCOM’s guidance about transparency reports

    The bill introduces a new requirement for OFCOM to produce guidance on how it will determine the information required in transparency reports. This includes the principles they will apply and the steps they will take to engage with service providers.

    Exemplar quote from bill: ...ecretary of State must consult OFCOM before making regulations under subsection (12). (14) In this section “notice” means a notice under subsection (1). 79 OFCOM’s guidance about transparency reports ...(1) OFCOM must produce guidance about— (a) how OFCOM will determine which information they will require transparency reports under section 78 to contain, including— (i) the principles that they will apply in relation to each of the factors mentioned in paragraph 37 of Schedule 8, and (ii) the steps that they will take to engage with providers of relevant services before requiring information in a notice under section 78(1);... 5 10 15 20 25 30 35 40 Online Safety Bill Part 4 — Other duties of providers of regulated user-to-user services and regulated search services Chapter 5 — Transparency reporting 73 (b) how information...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 80 - “Provider pornographic content” and “regulated provider pornographic content”

    The bill introduces definitions for "Provider pornographic content" and "regulated provider pornographic content", which refer to pornographic content published or displayed on an internet service by the provider or a person acting on their behalf. This includes content published or displayed through software, automated tools, or algorithms.

    Exemplar quote from bill: ... PROVIDERS OF REGULATED SERVICES: CERTAIN PORNOGRAPHIC CONTENT 80 “Provider pornographic content” and “regulated provider pornographic content” (1) This section applies for the purposes of this Part. ...(2) “Provider pornographic content”, in relation to an internet service, means pornographic content that is published or displayed on the service by the provider of the service or by a person acting on behalf of the provider, including pornographic content published or displayed on the service by means of— (a) software or an automated tool or algorithm applied by the provider or by a person acting on behalf of the provider, or... 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 5 — Duties of providers of regulated services: certain pornographic content 74 (b) an automated tool or algorithm made available on the service by th...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (4)

    The bill introduces a new duty for providers of regulated services to maintain a written record of the types of age verification or age estimation used, and how they are used. This record must also include how the provider has considered the importance of protecting UK users from breaches of privacy laws relevant to the use or operation of a regulated service.

    Exemplar quote from bill: ...e service. (3) The age verification or age estimation must be of such a kind, and used in such a way, that it is highly effective at correctly determining whether or not a particular user is a child. ...(4) In relation to the duty set out in subsection (2), a duty to make and keep a written record, in an easily understandable form, of— (a) the kinds of age verification or age estimation used, and how they are used, and (b) the way in which the provider, when deciding on the kinds of age verification or age estimation and how they should be used, has had regard to the importance of protecting United Kingdom users from a breach of any statutory provision or rule of law concerning privacy that is relevant to the use or operation of a regulated service (including, but not limited to, any such provision or rule concerning the processing of personal data).... (5) A duty to summarise the written record in a publicly available statement, so far as the record concerns compliance with the duty set out in subsection (2), 5 10 15 20 25 30 35 40 45 Online Safety...
    • ‼️ Digital Privacy

      This change emphasizes the importance of privacy protection in the context of age verification or age estimation, which could have implications for user privacy.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (5)

    The bill introduces a new duty for providers of regulated services to summarize the written record of age verification or age estimation methods in a publicly available statement. This summary should include details about which kinds of age verification or age estimation a provider is using and how they are used.

    Exemplar quote from bill: ... rule of law concerning privacy that is relevant to the use or operation of a regulated service (including, but not limited to, any such provision or rule concerning the processing of personal data). ...(5) A duty to summarise the written record in a publicly available statement, so far as the record concerns compliance with the duty set out in subsection (2), including details about which kinds of age verification or age estimation a provider is using and how they are used....c content 76 including details about which kinds of age verification or age estimation a provider is using and how they are used. 83 OFCOM’s guidance about duties set out in section 82 (1) OFCOM must ...
    • ‼️ Digital Privacy

      This change could increase transparency about the use of age verification or age estimation methods, which could have implications for user privacy.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    subsection (83)

    The bill mandates OFCOM to produce guidance for providers of internet services to assist them in complying with their duties set out in section 82.

    Exemplar quote from bill: ...ain pornographic content 76 including details about which kinds of age verification or age estimation a provider is using and how they are used. 83 OFCOM’s guidance about duties set out in section 82 ...(1) OFCOM must produce guidance for providers of internet services within section 81(2) to assist them in complying with their duties set out in section 82.... (2) The guidance must include— (a) examples of kinds and uses of age verification and age estimation that are, or are not, highly effective at correctly determining whether or not a particular user i...
    • ‼️ Digital Privacy

      This change could help ensure that providers of internet services comply with their duties related to age verification or age estimation, which could have implications for user privacy.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 86

    This change allows OFCOM to make regulations about how the qualifying worldwide revenue of a provider of a regulated service is to be determined, and defining the “qualifying period” in relation to a charging year. It also allows OFCOM to specify or describe evidence, documents or other information that providers must supply to OFCOM. Before making these regulations, OFCOM must consult the Secretary of State, the Treasury, and other persons as they consider appropriate. The regulations may include exemptions and exceptions as OFCOM deems appropriate.

    Exemplar quote from bill: ...der this section by that provider in respect of that year. (6) In this section, “fee-paying year” has the same meaning as in section 84. 86 Regulations by OFCOM about qualifying worldwide revenue etc ...(1) For the purposes of this Part, OFCOM may by regulations make provision— (a) about how the qualifying worldwide revenue of a provider of a regulated service is to be determined, and (b) defining the “qualifying period” in relation to a charging year.... 5 10 15 20 25 30 35 40 Online Safety Bill Part 6 — Duties of providers of regulated services: fees 79 (2) OFCOM may by regulations also make provision specifying or describing evidence, documents or ...
    • ‼️ Economic Impact

      This change could have significant economic implications for providers of regulated services, as it could affect how their fees are calculated and what information they need to provide to OFCOM.

    • ‼️ Tech Company Regulation

      This change could also impact tech companies, as they may need to adjust their practices to comply with the new regulations.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 7 — OFCOM's powers and duties in relation to regulated services, Chapter 2 — Register of categories of regulated user-to-user services and regulated search services

    The bill proposes the establishment of a register by OFCOM for regulated user-to-user services and regulated search services. This register will categorize services based on whether they meet certain threshold conditions. The register must be published.

    Exemplar quote from bill: ...ons or the conditions in section 98(2)) are accordingly to be read as references to OFCOM assessing the relevant part (or parts) of a service. 96 Register of categories of certain Part 3 services (1) ...As soon as reasonably practicable after the first regulations under Schedule 11 come into force, OFCOM must comply with subsections (2) to (4).... (2) OFCOM must establish a register of particular categories of Part 3 services with— (a) one part for regulated user-to-user services meeting the Category 1 threshold conditions, (b) one part for re...
    • ‼️ Internet Governance

      The establishment of a register by OFCOM for regulated services will provide a clear framework for the categorization and regulation of these services. This could potentially improve the governance of online services, ensuring that they meet certain standards and conditions.

    • ‼️ Tech Company Regulation

      This change could have significant implications for tech companies, as they will need to ensure that their services meet the threshold conditions to be included in the register. This could potentially increase the regulatory burden on these companies.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 7 — OFCOM's powers and duties in relation to regulated services, Chapter 2 — Register of categories of regulated user-to-user services and regulated search services

    The bill proposes that if regulations are amended or replaced, OFCOM must reassess regulated services to determine if they meet the new conditions and make necessary changes to the register.

    Exemplar quote from bill: ...7 — OFCOM's powers and duties in relation to regulated services Chapter 2 — Register of categories of regulated user-to-user services and regulated search services 87 97 Duty to maintain register (1) ...If regulations are made under paragraph 1(1) of Schedule 11 which amend or replace regulations previously made under that provision, OFCOM must, as soon as reasonably practicable after the date on which the amending or replacement regulations come into force— (a) assess each regulated user-to-user service which they consider is likely to meet the new Category 1 threshold conditions, to determine whether the service does, or does not, meet those conditions, and (b) make any necessary changes to the register.... (2) If regulations are made under paragraph 1(2) of Schedule 11 which amend or replace regulations previously made under that provision, OFCOM must, as soon as reasonably practicable after the date o...
    • ‼️ Internet Governance

      This change ensures that the register maintained by OFCOM remains up-to-date and reflective of any changes in regulations. This could potentially improve the governance of online services, ensuring that they meet the most current standards and conditions.

    • ‼️ Tech Company Regulation

      This change could have significant implications for tech companies, as they will need to ensure that their services meet any new or amended threshold conditions to remain included in the register. This could potentially increase the regulatory burden on these companies.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 7, 8, 10, 11 of the Online Safety Bill

    The bill proposes that OFCOM must assess a service and notify the provider of their decision if there has been a change to the service or to regulations that appears likely to be relevant. If a service no longer meets the threshold conditions, OFCOM must remove it from the register. The register must be re-published each time a change is made to it. There is a provision for appeals against a decision to include or not remove a service from the register.

    Exemplar quote from bill: ...ons. (6) A provider of a Part 3 service included in the register may at any time request OFCOM to remove entries relating to that service from the register, or from a particular part of the register. ...(7) If OFCOM are satisfied, on the basis of evidence submitted by a provider with such a request, that since the registration day there has been a change to the service or to regulations under paragraph 1 of Schedule 11 which appears likely to be relevant, OFCOM must— (a) assess the service, and (b) notify the provider of OFCOM’s decision.... (8) OFCOM must remove entries relating to a Part 3 service from the relevant part of the register if, following an assessment of the service, they consider that it no longer meets the threshold condi...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 100 - OFCOM’s guidance about risk assessments

    The bill proposes that OFCOM must produce guidance to assist providers of regulated user-to-user services, regulated search services, and Part 3 services in complying with their duties to carry out risk assessments related to illegal content and harm to children.

    Exemplar quote from bill: ...ction 60); “illegal content” has the same meaning as in Part 3 (see section 59); “priority offence” has the same meaning as in Part 3 (see section 59). 100 OFCOM’s guidance about risk assessments (1) ...As soon as reasonably practicable after OFCOM have published the first risk profiles relating to the illegality risks, OFCOM must produce guidance to assist providers of regulated user-to-user services in complying with their duties to carry out illegal content risk assessments under section 9.... (2) As soon as reasonably practicable after OFCOM have published the first risk profiles relating to the risk of harm from illegal content, OFCOM must produce guidance to assist providers of regulate...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Cybersecurity

      (Variously affected)

    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 6, 7, 8, 9, 10, 11, 12

    The bill introduces the concept of a "skilled person" who is appointed by the provider and approved by OFCOM to prepare a report on relevant matters. The provider of the service, any person who works for the provider, and other providers of internet services are required to assist the skilled person in preparing the report. The provider of the service is also liable for the payment of the skilled person's remuneration and expenses. The bill also outlines the process for recovering the amount due to the skilled person in England and Wales, Scotland, and Northern Ireland.

    Exemplar quote from bill: ...requiring the provider to appoint a skilled person to provide OFCOM with a report in such form as may be specified in the notice, and (b) specifying the relevant matters to be explored in the report. ...(6) References in this section to a skilled person are to a person— (a) appearing to OFCOM to have the skills necessary to prepare a report about the relevant matters, and (b) where the appointment is to be made by the provider, nominated or approved by OFCOM. (7) It is the duty of— (a) the provider of the service (“P”), (b) any person who works for (or used to work for) P, or is providing (or used to provide) services to P related to the relevant matters, and (c) other providers of internet services, to give the skilled person all such assistance as the skilled person may reasonably require to prepare the report. (8) The provider of the service is liable for the payment, directly to the skilled person, of the skilled person’s remuneration and expenses relating to the preparation of the report. (9) Subsections (10) to (12) apply in relation to an amount due to a skilled person under subsection (8). (10) In England and Wales, such an amount is recoverable— (a) if the county court so orders, as if it were payable under an order of that court; (b) if the High Court so orders, as if it were payable under an order of that court. (11) In Scotland, such an amount may be enforced in the same manner as an extract registered decree arbitral bearing a warrant for execution issued by the sheriff court of any sheriffdom in Scotland. (12) In Northern Ireland, such an amount is recoverable— (a) if a county court so orders, as if it were payable under an order of that court; (b) if the High Court so orders, as if it were payable under an order of that court.... (13) In this section “relevant requirement” means— (a) a duty or requirement set out in any of the following— 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 7 — OFCOM's powers and duties in relati...
    • ‼️ Economic Impact

      This change could potentially increase the financial burden on service providers as they are now liable for the payment of the skilled person's remuneration and expenses. This could also lead to an increase in the demand for individuals with the necessary skills to prepare such reports.

    • ‼️ Justice System

      The introduction of a "skilled person" could potentially improve the quality and accuracy of reports on relevant matters, leading to more informed decision-making by OFCOM and other relevant entities.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 115

    The bill allows OFCOM to cooperate with overseas regulators, including by disclosing online safety information. This cooperation can be for the purpose of facilitating the overseas regulator's functions or for criminal investigations or proceedings related to the overseas regulator's functions.

    Exemplar quote from bill: ...(c) on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale. Disclosure of information 115 Co-operation and disclosure of information: overseas regulators (1) ...OFCOM may co-operate with an overseas regulator, including by disclosing online safety information to that regulator, for the purposes of— (a) facilitating the exercise by the overseas regulator of any of that regulator’s online regulatory functions, or (b) criminal investigations or proceedings relating to a matter to which the overseas regulator’s online regulatory functions relate.... (2) The power conferred by subsection (1) applies only in relation to an overseas regulator for the time being specified in regulations made by the Secretary of State. 5 10 15 20 25 30 35 40 45 Onlin...
    • ‼️ International Relations

      (Variously affected)

    • ‼️ Cybersecurity

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 123 - Requirement to obtain skilled person’s report

    The bill introduces a requirement for OFCOM to obtain a report from a skilled person before giving a notice to a provider under section 122(1).

    Exemplar quote from bill: ...d services Chapter 5 — Regulated user-to-user services and regulated search services: notices to deal with terrorism content and CSEA content 108 123 Requirement to obtain skilled person’s report (1) ...OFCOM may give a notice under section 122(1) to a provider only after obtaining a report from a skilled person appointed by OFCOM under section 105(4).... (2) The purpose of the report is to assist OFCOM in deciding whether to give a notice under section 122(1), and to advise about the requirements that might be imposed by such a notice if it were to b...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 124 - Warning notices

    The bill introduces a requirement for OFCOM to give a warning notice to a provider before giving a notice under section 122(1).

    Exemplar quote from bill: ... to assist OFCOM in deciding whether to give a notice under section 122(1), and to advise about the requirements that might be imposed by such a notice if it were to be given. 124 Warning notices (1) ...OFCOM may give a notice under section 122(1) to a provider relating to a service or part of a service only after giving a warning notice to the provider that they intend to give such a notice relating to that service or that part of it.... (2) A warning notice under subsection (1) relating to the use of accredited technology (see section 122(2)(a) and (3)(a)) must— (a) contain a summary of the report obtained by OFCOM under section 123...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 125 - Matters relevant to a decision to give a notice under section 122(1)

    The bill introduces a list of matters that OFCOM must consider when deciding whether to give a notice under section 122(1).

    Exemplar quote from bill: ...e given to a provider until the period allowed by the warning notice for the provider to make representations has expired. 125 Matters relevant to a decision to give a notice under section 122(1) (1) ...This section specifies the matters which OFCOM must particularly consider in deciding whether it is necessary and proportionate to give a notice under section 122(1) relating to a Part 3 service to the provider of the service.... (2) In the case of a notice requiring the use of accredited technology, the matters are as follows— (a) the kind of service it is; (b) the functionalities of the service; (c) the user base of the ser...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 126 - Notices under section 122(1): supplementary

    The bill introduces supplementary provisions for notices under section 122(1).

    Exemplar quote from bill: ...n to which the specified technology is to operate); “specified technology” means the technology to be specified in the notice under section 122(1). 126 Notices under section 122(1): supplementary (1) ...In this section “a notice” means a notice under section 122(1) (including a further notice under that provision).... (2) If a provider is already using accredited technology in relation to the service in question, a notice may require the provider to use it more effectively (specifying the ways in which that must b...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 3 service providers

    The bill introduces a provision that allows OFCOM to require Part 3 service providers to use accredited technology. This requirement may necessitate changes to the design or operation of the service to ensure the effective use of the technology.

    Exemplar quote from bill: ...ested person (see section 228(7)) to challenge measures taken or in use by the provider that result in content relating to that interested person no longer appearing in search results of the service. ...(5) A notice given to a provider of a Part 3 service requiring the use of accredited technology is to be taken to require the provider to make such changes to the design or operation of the service as are necessary for the technology to be used effectively.... (6) A notice requiring the use of accredited technology must— (a) give OFCOM’s reasons for their decision to give the notice, (b) contain details of the requirements imposed by the notice, (c) contai...
    • ‼️ Tech Company Regulation

      This change could potentially impose new technological requirements on Part 3 service providers, which may affect their operations and potentially their business models.

    • ‼️ Cybersecurity

      The use of accredited technology could enhance the cybersecurity measures of Part 3 service providers, potentially improving the safety and security of their services.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Accredited technology

    The bill defines "accredited" technology as technology that meets minimum standards of accuracy in detecting terrorism or CSEA content. These standards are to be approved and published by the Secretary of State, following advice from OFCOM.

    Exemplar quote from bill: ...rt 3 service— (a) in the United Kingdom, or (b) as it affects United Kingdom users of the service. (11) OFCOM may vary or revoke a notice given to a provider by notifying the provider to that effect. ...(12) For the purposes of this Chapter, technology is “accredited” if it is accredited (by OFCOM or another person appointed by OFCOM) as meeting minimum standards of accuracy in the detection of terrorism content or CSEA content (as the case may be). (13) Those minimum standards of accuracy must be such standards as are for the time being approved and published by the Secretary of State, following advice from OFCOM.... 127 Review and further notice under section 122(1) (1) This section applies where OFCOM have given a provider of a Part 3 service a notice under section 122(1). 5 10 15 20 25 30 35 40 Online Safety B...
    • ‼️ Cybersecurity

      This change could potentially improve the detection of harmful content online, enhancing cybersecurity measures.

    • ‼️ Tech Company Regulation

      This change could impose new standards on technology used by Part 3 service providers, potentially affecting their operations and business models.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    OFCOM's powers

    The bill grants OFCOM the power to vary or revoke a notice given to a provider.

    Exemplar quote from bill: ...on (8)(b). (10) A notice may impose requirements only in relation to the design and operation of a Part 3 service— (a) in the United Kingdom, or (b) as it affects United Kingdom users of the service. ...(11) OFCOM may vary or revoke a notice given to a provider by notifying the provider to that effect.... (12) For the purposes of this Chapter, technology is “accredited” if it is accredited (by OFCOM or another person appointed by OFCOM) as meeting minimum standards of accuracy in the detection of terr...
    • ‼️ Tech Company Regulation

      This change could potentially affect the operations of Part 3 service providers, as it gives OFCOM the power to change or revoke requirements imposed on them.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Provisional notice of contravention

    The bill introduces the concept of a "provisional notice of contravention" that OFCOM can issue to a person or entity if they believe that person or entity has failed to comply with certain duties or requirements. The notice must specify the duty or requirement that has been breached, the steps that need to be taken to comply or remedy the failure, and may also propose a penalty.

    Exemplar quote from bill: ...nforceable requirement (see section 132) that applies in relation to the service. (2) OFCOM may also give a provisional notice of contravention to a person on either of the grounds in subsection (3). ...(3) The grounds are that— (a) the person has been given an information notice and OFCOM consider that there are reasonable grounds for believing that the person has failed, or is failing, to comply with either of the duties set out in section 103(7) (duties in relation to information notices), or (b) the person is required by a skilled person appointed under section 105 to give assistance to the skilled person, and OFCOM consider that there are reasonable grounds for believing that the person has failed, or is failing, to comply with the duty set out in subsection (7) of that section to give such assistance.... (4) A provisional notice of contravention given to a person must— (a) specify the duty or requirement with which (in OFCOM’s opinion) the person has failed, or is failing, to comply, and (b) give OFC...
    • ‼️ Justice System

      This change introduces a new enforcement mechanism that could have significant implications for the justice system, particularly in relation to online safety and data protection.

    • ‼️ Digital Privacy

      The introduction of a "provisional notice of contravention" could have implications for digital privacy, as it relates to compliance with data protection and online safety regulations.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Confirmation decision requirements

    The bill specifies that a confirmation decision can only impose requirements related to the design or operation of a regulated service in the UK or as it affects UK users of the service.

    Exemplar quote from bill: ...tified requirement. (2) But see section 137 in relation to OFCOM’s power to include in a confirmation decision requirements as described in subsection (1) relating to the use of proactive technology. ...(3) A confirmation decision may impose requirements as described in subsection (1) only in relation to the design or operation of a regulated service— (a) in the United Kingdom, or (b) as it affects United Kingdom users of the service.... (4) A confirmation decision that includes requirements as described in subsection (1) must— (a) specify the steps that are required, (b) give OFCOM’s reasons for their decision to impose those requir...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Confirmation decision requirements

    The bill outlines the requirements that a confirmation decision must include, such as specifying the steps required, giving OFCOM's reasons for the decision, specifying any CSEA requirements, and providing information about the consequences of non-compliance.

    Exemplar quote from bill: ...se requirements as described in subsection (1) only in relation to the design or operation of a regulated service— (a) in the United Kingdom, or (b) as it affects United Kingdom users of the service. ...(4) A confirmation decision that includes requirements as described in subsection (1) must— (a) specify the steps that are required, (b) give OFCOM’s reasons for their decision to impose those requirements, (c) specify which of those requirements (if any) have been designated as CSEA requirements (see subsections (6) and (7)), (d) specify each notified requirement to which the steps relate, (e) specify the period during which the failure to comply with a notified requirement has occurred, and whether the failure is continuing, (f) specify a reasonable period within which each of the steps specified in the decision must be taken or, if a step requires the use of a system or process, a reasonable period within which the system or process must begin to be used (but see subsection (5) in relation to information duties), (g) (if relevant) specify the period for which a system or process must be used, (h) contain details of the rights of appeal under section 169, and (i) contain information about the consequences of not complying with the requirements included in the decision (including information about the further kinds of enforcement action that it would be open to OFCOM to take).... (5) A confirmation decision that requires a person to take steps for the purpose of complying with an information duty may require the person to take those steps immediately. (6) If the condition in ...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Confirmation decisions: risk assessments

    The bill introduces a new provision that applies when OFCOM is satisfied that a provider of a Part 3 service has failed to comply with a risk assessment duty and has identified a risk of serious harm to individuals in the UK that is not effectively mitigated or managed.

    Exemplar quote from bill: ...nt” and “priority offence” have the same meaning as in Part 3 (see section 59); “information duty” means a duty set out in section 103(7); “notified requirement” has the meaning given by section 133. ...135 Confirmation decisions: risk assessments (1) This section applies if— (a) OFCOM are satisfied that a provider of a Part 3 service has failed to comply with a risk assessment duty, (b) based on evidence resulting from OFCOM’s investigation into that failure, OFCOM have identified a risk of serious harm to individuals in the United Kingdom arising from a particular aspect of the service (“the identified risk”), and (c) OFCOM consider that the identified risk is not effectively mitigated or managed.... (2) A confirmation decision given to the provider of the service— (a) if the identified risk relates to matters required to be covered by an illegal content risk assessment, may include a determinati...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Publication Notice

    The bill introduces a new provision that allows OFCOM to issue a "publication notice" to a person or entity. This notice requires the recipient to publish details of their failure to comply with a decision or notice from OFCOM, as well as OFCOM's response to this failure. Alternatively, the recipient may be required to notify users of the service about these details.

    Exemplar quote from bill: ...a penalty notice under section 140; (iii) a penalty notice under section 141(5); (iv) a penalty notice under section 142(6), and (b) the appeal period in relation to the decision or notice has ended. ...(2) OFCOM may give to the person a notice (a “publication notice”) requiring the person to— (a) publish details describing— (i) the failure (or failures) to which the decision or notice mentioned in subsection (1)(a) relates, and (ii) OFCOM’s response, or (b) otherwise notify users of the service to which the decision or notice mentioned in subsection (1)(a) relates of those details.... (3) A publication notice may require a person to publish details under subsection (2)(a) or give notification of details under subsection (2)(b) or both. (4) A publication notice must— (a) specify th...
    • ‼️ Freedom of Information

      This change increases transparency by requiring entities to publicly disclose their failures to comply with OFCOM decisions or notices, which could help users make more informed decisions about the services they use.

    • ‼️ Digital Economy

      This change could potentially impact the reputation and customer trust of digital service providers who fail to comply with OFCOM decisions or notices, affecting their market position.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 16 of the Communications Act (consumer consultation)

    The bill proposes that OFCOM must make arrangements to ascertain public opinion about providers of regulated services, the experiences of UK users of these services, and their experiences with complaint handling. OFCOM must also report annually on the research carried out under this provision.

    Exemplar quote from bill: ... in subsection (3A).” 155 Research about users’ experiences of regulated services (1) Section 14 of the Communications Act (consumer research) is amended as follows. (2) After subsection (6A) insert— ...“(6B) OFCOM must make arrangements for ascertaining— (a) the state of public opinion from time to time concerning providers of regulated services and their manner of operating their services; (b) the experiences of United Kingdom users of regulated services in relation to their use of such services; (c) the experiences of United Kingdom users of regulated user-touser services and regulated search services in relation to the handling of complaints made by them to providers of such services; and (d) the interests and experiences of United Kingdom users of regulated services in relation to matters that are incidental to or otherwise connected with their experiences of using such services. (6C) OFCOM’s report under paragraph 12 of the Schedule to the Office of Communications Act 2002 for each financial year must contain a statement by OFCOM about the research that has been carried out in that year under subsection (6B).”... (3) After subsection (8) insert— “(8A) In subsection (6B) the following terms have the same meaning as in the Online Safety Act 2023— “provider” (see section 227 of that Act); “regulated service”, “r...
    • ‼️ Human Rights

      This change could potentially enhance the rights of users by ensuring their experiences and opinions are taken into account in the regulation of online services.

    • ‼️ Digital Privacy

      The change could impact digital privacy by requiring OFCOM to gather information about users' experiences, potentially including sensitive or personal information.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 160 - OFCOM’s transparency reports

    The bill proposes that OFCOM must produce transparency reports based on the information contained in the transparency reports produced by providers of Part 3 services. These reports should include a summary of conclusions, measures considered as good industry practice, and any other relevant information.

    Exemplar quote from bill: ...recognised news publisher” has the meaning given by section 56. (10) For the meaning of “Category 1 service”, see section 96 (register of categories of services). 160 OFCOM’s transparency reports (1) ...OFCOM must produce transparency reports based on information contained in the transparency reports produced by providers of Part 3 services under section 78.... (2) OFCOM’s transparency reports must contain— (a) a summary of conclusions drawn from the transparency reports produced under section 78 regarding patterns or trends which OFCOM have identified in s...
    • ‼️ Freedom of Information

      (Variously affected)

    • ‼️ Digital Privacy

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 161 - OFCOM’s report about reporting and complaints procedures

    The bill proposes that OFCOM must produce a report assessing the measures taken by providers of Part 3 services to enable users and others to report certain types of content and make complaints.

    Exemplar quote from bill: ...after the publication of their first transparency report. (5) For further provision about reports under this section, see section 165. 161 OFCOM’s report about reporting and complaints procedures (1) ...OFCOM must produce a report assessing the measures taken or in use by providers of Part 3 services to enable users and others to— (a) report particular kinds of content present on such services, and (b) make complaints to providers of such services.... (2) OFCOM’s report must take into account the experiences of users and others in reporting content and making complaints to providers of Part 3 services, including— (a) how clear the procedures are f...
    • ‼️ Freedom of Information

      (Variously affected)

    • ‼️ Digital Privacy

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 162 - OFCOM’s report about use of app stores by children

    The bill proposes that OFCOM must produce a report about the use of app stores by children.

    Exemplar quote from bill: ...n, see section 165. (13) References in this section to “users and others” are to United Kingdom users and individuals in the United Kingdom. 162 OFCOM’s report about use of app stores by children (1) ...OFCOM must produce a report about the use of app stores by children.... (2) In particular, the report must— (a) assess what role app stores play in children encountering content that is harmful to children, search content that is harmful to children or regulated provider...
    • ‼️ Education

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 163 - OFCOM’s report about researchers’ access to information

    The bill proposes that OFCOM must produce a report describing how and to what extent independent researchers into online safety matters are currently able to obtain information from providers of regulated services, exploring the legal and other issues which currently constrain the sharing of information, and assessing the extent to which greater access to information might be achieved.

    Exemplar quote from bill: ...” has the same meaning as in Part 3 (see section 57). (6) In this section references to children are to children in the United Kingdom. 163 OFCOM’s report about researchers’ access to information (1) ...OFCOM must produce a report— (a) describing how, and to what extent, persons carrying out independent research into online safety matters are currently able to obtain information from providers of regulated services to inform their research, (b) exploring the legal and other issues which currently constrain the sharing of information for such purposes, and (c) assessing the extent to which greater access to information for such purposes might be achieved....constrain the sharing of information for such purposes, and (c) assessing the extent to which greater access to information for such purposes might be achieved. (2) For the purposes of this section a ...
    • ‼️ Freedom of Information

      (Variously affected)

    • ‼️ Education

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 164 of the Online Safety Bill

    This change allows OFCOM to produce a report for use by a coroner or procurator fiscal in connection with an investigation into a death. This applies when OFCOM receives a notice from a senior coroner, a request for information in connection with the investigation of a procurator fiscal, or a notice from a coroner in Northern Ireland.

    Exemplar quote from bill: ...d guidance). (10) OFCOM must include in each transparency report under section 160 an assessment of the effectiveness of the guidance. 164 OFCOM’s report in connection with investigation into a death ...(1) Subsection (2) applies if OFCOM receive— (a) a notice from a senior coroner under paragraph 1(2) of Schedule 5 to the Coroners and Justice Act 2009 in connection with an investigation into the death of a person; (b) a request for information in connection with the investigation of a procurator fiscal into, or an inquiry held or to be held in relation to, the death of a person; (c) a notice from a coroner under section 17A(2) of the Coroners Act (Northern Ireland) 1959 (c. 15 (N.I.)) in connection with— (i) an investigation to determine whether an inquest into the death of a person is necessary, or (ii) an inquest in relation to the death of a person. (2) OFCOM may produce a report for use by the coroner or procurator fiscal, dealing with any matters that they consider may be relevant.... 5 10 15 20 25 30 35 40 Online Safety Bill Part 7 — OFCOM's powers and duties in relation to regulated services Chapter 7 — Committees, research and reports 146 (3) In subsection (1)(b) “inquiry” mean...
    • ‼️ Justice System

      This change could potentially impact the justice system by providing additional information for investigations into deaths.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 11 of the Communications Act

    This change amends Section 11 of the Communications Act to impose duties on OFCOM in relation to material published by means of the electronic media, including regulated services. It also expands on these duties and imposes further duties on OFCOM in relation to regulated services only.

    Exemplar quote from bill: ...ss to information), and (h) a report produced under this section. (6) See also section 117(3) (restriction on publishing intelligence service information). CHAPTER 8 MEDIA LITERACY 166 Media literacy ...(1) Section 11 of the Communications Act is amended in accordance with subsections (2) to (5). (2) Before subsection (1) insert— “(A1) In this section— (a) subsection (1) imposes duties on OFCOM which apply in relation to material published by means of the electronic media (including by means of regulated services), and (b) subsections (1A) to (1E) expand on those duties, and impose further duties on OFCOM, in relation to regulated services only.”...ces), and (b) subsections (1A) to (1E) expand on those duties, and impose further duties on OFCOM, in relation to regulated services only.” (3) After subsection (1) insert— “(1A) OFCOM must take such ...
    • ‼️ Internet Governance

      This change could potentially impact internet governance by imposing additional duties on OFCOM in relation to regulated services.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 11 of the Communications Act

    The bill proposes the addition of a new section to the Communications Act, requiring OFCOM to prepare and publish a media literacy strategy within one year of the Online Safety Act 2023 being passed. The strategy must outline OFCOM's objectives and priorities for a period not exceeding three years. OFCOM must also include a media literacy statement in its annual report, summarising its activities and assessing progress towards the objectives set out in the media literacy strategy.

    Exemplar quote from bill: ...ions Act (consumer research), in subsection (6)(a), after “11(1)” insert “, (1A) and (1B)”. 167 Media literacy strategy and media literacy statement After section 11 of the Communications Act insert— ...“11A Regulated services: media literacy strategy and media literacy statement (1) OFCOM must prepare and publish a media literacy strategy within the period of one year beginning with the day on which the Online Safety Act 2023 is passed. (2) A media literacy strategy is a plan setting out how OFCOM propose to exercise their functions under section 11 in the period covered by the plan, which must be not more than three years. (3) In particular, a media literacy strategy must state OFCOM’s objectives and priorities for the period it covers. (4) Before the end of the period covered by a media literacy strategy, OFCOM must prepare and publish a media literacy strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one. (5) In preparing or revising a media literacy strategy, OFCOM must consult such persons as they consider appropriate. (6) OFCOM’s annual report must contain a media literacy statement. (7) A media literacy statement is a statement by OFCOM— (a) summarising what they have done in the financial year to which the report relates in the exercise of their functions under section 11, and (b) assessing what progress has been made towards achieving the objectives and priorities set out in their media literacy strategy in that year. (8) A media literacy statement must include a summary and an evaluation of the activities and initiatives pursued or commissioned by OFCOM in the exercise of their functions under section 11 in the financial year to which the report relates. (9) The first annual report that is required to contain a media literacy statement is the report for the financial year during which OFCOM’s first media literacy strategy is published, and that first statement is to relate to the period from publication day until the end of that financial year. (10) But if OFCOM’s first media literacy strategy is published during the second half of a financial year— (a) the first annual report that is required to contain a media literacy statement is the report for the next financial year, and (b) that first statement is to relate to the period from publication day until the end of that financial year. (11) References in this section to OFCOM’s functions under section 11 are to those functions so far as they relate to regulated services. (12) In this section— “annual report” means OFCOM’s annual report under paragraph 12 of the Schedule to the Office of Communications Act 2002; “financial year” means a year ending with 31 March.”...nnual report under paragraph 12 of the Schedule to the Office of Communications Act 2002; “financial year” means a year ending with 31 March.” 5 10 15 20 25 30 35 40 Online Safety Bill Part 8 — Appeal...
    • ‼️ Education

      The proposed change could have a significant impact on media literacy education, as it mandates OFCOM to develop a strategy and report on its progress annually. This could lead to more focused and effective efforts to improve media literacy.

    • ‼️ Digital Accessibility

      The media literacy strategy could potentially address issues of digital accessibility, depending on the specifics of the strategy developed by OFCOM.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Super-complaints

    The bill introduces the concept of "super-complaints", which can be made by an "eligible entity" to OFCOM about any feature or conduct of one or more regulated services that is causing significant harm or risk to users or the public, or significantly affecting their right to freedom of expression. The complaint is only admissible if it is of particular importance or affects a large number of users or the public. The criteria for an entity to be eligible to make such a complaint will be specified in regulations made by the Secretary of State.

    Exemplar quote from bill: ... the Tribunal considers appropriate. (6) In this section “penalty notice” means a penalty notice under section 140, 141(5) or 142(6). CHAPTER 2 SUPER-COMPLAINTS 170 Power to make super-complaints (1) ...An eligible entity may make a complaint to OFCOM that any feature of one or more regulated services, or any conduct of one or more providers of such services, or any combination of such features and such conduct is, appears to be, or presents a material risk of—... 5 10 15 20 25 30 35 40 Online Safety Bill Part 8 — Appeals and super-complaints Chapter 2 — Super-complaints 152 (a) causing significant harm to users of the services or members of the public, or a p...
    • ‼️ Human Rights

      The introduction of super-complaints could potentially enhance the protection of users' rights by providing a mechanism for significant issues to be raised and addressed.

    • ‼️ Justice System

      This change could impact the justice system by potentially increasing the workload of OFCOM and the courts if super-complaints lead to legal action.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 186

    The bill proposes that certain sections of the Act apply to acts done outside the United Kingdom, but only if the act is done by a person who is either an individual habitually resident in the UK or a body incorporated or constituted under UK law. It also allows for proceedings for offences committed outside the UK to be taken within the UK.

    Exemplar quote from bill: ...tory maximum (or both); (d) on conviction on indictment, to imprisonment for a term not exceeding 5 years or a fine (or both). Further provision 186 Extra-territorial application and jurisdiction (1) ...Sections 180(1), 182(1) and 184(1) apply to an act done outside the United Kingdom, but only if the act is done by a person within subsection (2).... (2) A person is within this subsection if the person is— (a) an individual who is habitually resident in England and Wales or Northern Ireland, or (b) a body incorporated or constituted under the law...
    • ‼️ National Security

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 66D of the Online Safety Bill

    This change defines what it means to "share" something, and specifies that internet service providers are not considered to be sharing content when it is shared through their service.

    Exemplar quote from bill: ...ne Safety Bill Part 10 — Communications offences 169 66D Sharing or threatening to share intimate photograph or film: interpretation (1) This section applies for the purposes of sections 66B and 66C. ...(2) A person “shares” something if the person, by any means, gives or shows it to another person or makes it available to another person. (3) But a provider of an internet service by means of which a photograph or film is shared is not to be regarded as a person who shares it.... (4) “Photograph” and “film” have the same meaning as in section 66A (see subsections (3) to (5) of that section). (5) Except where a photograph or film falls within subsection (8), a photograph or fi...
    • ‼️ Tech Company Regulation

      This change could impact tech companies, as it clarifies that they are not considered to be sharing content when it is shared through their service. This could potentially limit their liability in cases where intimate images are shared without consent.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Providers' judgements about the status of content

    The bill introduces a new section that outlines the approach to be taken when a provider of a Part 3 service makes a judgement about the status of content as part of their compliance with relevant requirements, risk assessments, or other assessments.

    Exemplar quote from bill: ...dule 14 contains amendments consequential on section 191. PART 11 SUPPLEMENTARY AND GENERAL Providers' judgements about the status of content 193 Providers’ judgements about the status of content (1) ...This section sets out the approach to be taken where— (a) a system or process operated or used by a provider of a Part 3 service for the purpose of compliance with relevant requirements, (b) a risk assessment required to be carried out by Part 3, or (c) an assessment required to be carried out by section 14, involves a judgement by a provider about whether content is content of a particular kind.... 5 10 15 20 25 30 35 Online Safety Bill Part 11 — Supplementary and general 171 (2) Such judgements are to be made on the basis of all relevant information that is reasonably available to a provider. ...
    • ‼️ Digital Privacy

      This change could impact digital privacy, as it involves judgements made by service providers about the status of content, potentially including personal or sensitive information.

    • ‼️ Tech Company Regulation

      This change could affect how tech companies are regulated, as it sets out the approach to be taken when they make judgements about the status of content.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    OFCOM’s guidance about illegal content judgements

    The bill requires OFCOM to produce guidance for providers of Part 3 services about illegal content judgements, as dealt with in the newly inserted section 193.

    Exemplar quote from bill: ...); “relevant requirements” means— (a) duties and requirements under this Act, and (b) requirements of a notice given by OFCOM under this Act. 194 OFCOM’s guidance about illegal content judgements (1) ...OFCOM must produce guidance for providers of Part 3 services about the matters dealt with in section 193 so far as relating to illegal content judgements.... (2) “Illegal content judgements” means— (a) judgements of a kind mentioned in subsection (4) of that section, and 5 10 15 20 25 30 35 40 45 Online Safety Bill Part 11 — Supplementary and general 172 ...
    • ‼️ Tech Company Regulation

      This change could impact how tech companies are regulated, as it requires OFCOM to provide them with guidance about illegal content judgements.

    • ‼️ Internet Governance

      This change could affect internet governance, as it involves guidance about judgements on illegal content.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Liability of providers etc

    The bill introduces a new section that defines a "relevant entity" as an entity that provides a regulated service and is not a legal person under the law under which it is formed. This section also outlines the liability of such entities.

    Exemplar quote from bill: ...as previously been made under section 43(12). 5 10 15 20 25 30 35 40 Online Safety Bill Part 11 — Supplementary and general 173 Liability of providers etc 196 Providers that are not legal persons (1) ...In this section a “relevant entity” means an entity that— (a) is the provider of a regulated service, and (b) is not a legal person under the law under which it is formed.... (2) If a penalty notice is given to a relevant entity (in the name of the entity), the penalty must be paid out of the entity’s funds. (3) If a notice is given by OFCOM to a relevant entity (in the n...
    • ‼️ Tech Company Regulation

      This change could impact how tech companies are regulated, as it defines a "relevant entity" and outlines their liability.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 204: Application of offences to providers that are not legal persons

    The bill introduces a provision for prosecuting entities that are not legal persons but provide regulated services. These entities can be prosecuted in their own name, and any fines imposed must be paid from the entity's funds. If an offence is committed by such an entity with the consent or due to the neglect of an officer of the entity, the officer can also be prosecuted and punished.

    Exemplar quote from bill: ...as previously been made under section 43(12). 5 10 15 20 25 30 35 40 Online Safety Bill Part 11 — Supplementary and general 173 Liability of providers etc 196 Providers that are not legal persons (1) ...In this section a “relevant entity” means an entity that— (a) is the provider of a regulated service, and (b) is not a legal person under the law under which it is formed.... (2) If a penalty notice is given to a relevant entity (in the name of the entity), the penalty must be paid out of the entity’s funds. (3) If a notice is given by OFCOM to a relevant entity (in the n...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Obscene Publications Act 1959 and Protection of Children Act 1978

    The bill proposes amendments to the Obscene Publications Act 1959 and the Protection of Children Act 1978 to provide a defence for OFCOM members, employees, or those assisting OFCOM in the exercise of their online safety functions.

    Exemplar quote from bill: ...Part 4B of the Communications Act 211 Repeal of Part 4B of the Communications Act 212 Repeal of Part 4B of the Communications Act: transitional provision etc 213 Repeals: Digital Economy Act 2017 214 ...Offence under the Obscene Publications Act 1959: OFCOM defence... Offences regarding indecent photographs of children: OFCOM defence...e Power to amend Act to regulate app stores 216 Power to regulate app stores 217 Power to regulate app stores: supplementary Power to amend Act: alternative dispute resolution 218 Power to impose duty...
    • ‼️ Justice System

      (Variously affected)

    • ‼️ Internet Governance

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Paragraph (1)

    The bill proposes to add a new clause to paragraph (1) that provides a defense for OFCOM members, employees, or assistants who create photographs or pseudo-photographs for the purposes of OFCOM's online safety functions.

    Exemplar quote from bill: ... for “he”, in each place, substitute “the defendant”; (b) for “him”, in each place, substitute “the defendant”; (c) omit “or” at the end of paragraph (b); (d) at the end of paragraph (c) insert “, or ...(d) the defendant— (i) was at the time of the offence charged a member of OFCOM, employed or engaged by OFCOM, or assisting OFCOM in the exercise of any of their online safety functions (within the meaning of section 236 of the Online Safety Act 2023), and (ii) made the photograph or pseudo-photograph for the purposes of OFCOM’s exercise of any of those functions.”... (3) After subsection (2) insert— “(3) In this section “OFCOM” means the Office of Communications.” Scotland (4) Section 52 of the Civic Government (Scotland) Act 1982 (indecent photographs of childre...
    • ‼️ Justice System

      This change could potentially affect legal processes related to online safety offences.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Power to amend Act: alternative dispute resolution

    The bill proposes to give the Secretary of State the power to amend the Act to impose a duty on providers of Category 1 services to engage in an alternative dispute resolution procedure.

    Exemplar quote from bill: ...ulations may make different provision with regard to app stores of different kinds. (10) In this section “specified” means specified in regulations. Power to amend Act: alternative dispute resolution ...218 Power to impose duty about alternative dispute resolution procedure (1) The Secretary of State may by regulations amend this Act for or in connection with the imposition on providers of Category 1 services of an ADR duty.... (2) An “ADR duty”— (a) is a duty requiring providers of Category 1 services to arrange for and engage in an alternative dispute resolution procedure in specified circumstances for the resolution of d...
    • ‼️ Justice System

      This change could potentially affect legal processes related to disputes with providers of Category 1 services.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 7

    The Secretary of State can add an offence to Schedule 7 based on the prevalence of the offence on regulated user-to-user services and the risk and severity of harm it presents to individuals in the UK.

    Exemplar quote from bill: ...regulations amend Schedule 7 (priority offences). But an offence may be added to that Schedule only on the grounds in subsection (4) or (5), and subsection (6) limits the power to add an offence. (4) ...The first ground for adding an offence to Schedule 7 is that the Secretary of State considers it appropriate to do so because of— (a) the prevalence on regulated user-to-user services of regulated usergenerated content that amounts to that offence, or the prevalence on regulated search services and combined services of search content that amounts to that offence, (b) the risk of harm to individuals in the United Kingdom presented by regulated user-generated content or search content that amounts to that offence, and (c) the severity of that harm....nt or search content that amounts to that offence, and (c) the severity of that harm. (5) The second ground for adding an offence to Schedule 7 is that the Secretary of State considers it appropriate ...
    • ‼️ Human Rights

      This change could potentially increase protections for individuals in the UK from harmful online content.

    • ‼️ Justice System

      This change gives the Secretary of State the power to add offences to Schedule 7, potentially affecting how certain online offences are prosecuted.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 11 — Supplementary and general

    This change introduces a new provision that allows for the annulment of certain regulations made under various sections of the Act, if a resolution is passed in either House of Parliament.

    Exemplar quote from bill: ... House of Parliament. (9) Any other statutory instrument containing regulations under paragraph 1(1) of Schedule 11 is subject to annulment in pursuance of a resolution of either House of Parliament. ...(10) A statutory instrument containing— (a) regulations under section 68(1), (b) regulations under section 86(2), (c) regulations under section 87, (d) regulations under section 171(1), (e) regulations under section 224 that do not amend or repeal provision made by the Communications Act, (f) regulations under paragraph 8(1) of Schedule 3, or (g) regulations under paragraph 1(2) or (3) of Schedule 11, is subject to annulment in pursuance of a resolution of either House of Parliament...., is subject to annulment in pursuance of a resolution of either House of Parliament. (11) As soon as a draft of a statutory instrument containing regulations under section 86(1) or paragraph 5(9) of ...
    • ‼️ Political Power

      This change could potentially shift political power by giving Parliament the ability to annul certain regulations made under the Act.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 12 — Interpretation and final provisions

    This change introduces a new definition for the term "provider" of an internet service, specifically for user-to-user services. The provider is defined as the entity that has control over who can use the user-to-user part of the service.

    Exemplar quote from bill: ...(17) In subsections (15) and (16), “the relevant Department” has the same meaning as in section 222(7) (see subsection (8) of that section). PART 12 INTERPRETATION AND FINAL PROVISIONS Interpretation ...227 “Provider” of internet service (1) This section applies to determine who is the “provider” of an internet service for the purposes of this Act. User-to-user services (other than combined services) (2) The provider of a user-to-user service is to be treated as being the entity that has control over who can use the user-to-user part of the service (and that entity alone).... 5 10 15 20 25 30 35 40 Online Safety Bill Part 12 — Interpretation and final provisions 196 (3) If no entity has control over who can use the user-to-user part of a user-to-user service, but an indiv...
    • ‼️ Tech Company Regulation

      This change could potentially impact tech companies by clarifying who is considered the "provider" of a user-to-user service, which could affect their responsibilities and liabilities under the Act.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 12 — Interpretation and final provisions

    This change introduces new definitions for the terms "user", "United Kingdom user", and "interested person". A "United Kingdom user" is defined as an individual in the UK or an entity incorporated or formed under UK law.

    Exemplar quote from bill: ...subsections (8) and (9), a person who makes available on a service an automated tool or algorithm by means of which content is generated is to be regarded as having control over content so generated. ...228 “User”, “United Kingdom user” and “interested person” (1) For the purposes of this Act a user is a “United Kingdom user” of a service if— (a) where the user is an individual, the individual is in the United Kingdom; (b) where the user is an entity, the entity is incorporated or formed under the law of any part of the United Kingdom.... (2) For the purposes of references in this Act to a user of a service it does not matter whether a person is registered to use a service. (3) References in this Act to a user of a service do not incl...
    • ‼️ Digital Identity

      This change could potentially impact digital identity by defining who is considered a "user" and a "United Kingdom user" under the Act, which could affect their rights and responsibilities.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Definition of "Age verification" and "age estimation"

    The bill introduces definitions for "Age verification" and "Age estimation", both in the context of users of a regulated service.

    Exemplar quote from bill: ... if the search engine is controlled by a person who does not control other parts of the service. 231 “Age verification” and “age estimation” (1) This section applies for the purposes of this Act. (2) ...“Age verification” means any measure designed to verify the exact age of users of a regulated service. “Age estimation” means any measure designed to estimate the age or age-range of users of a regulated service....ce. (4) A measure which requires a user to self-declare their age (without more) is not to be regarded as age verification or age estimation. 232 “Proactive technology” (1) In this Act “proactive tech...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Definition of "Content communicated “publicly” or “privately”"

    The bill provides factors that OFCOM must consider when deciding whether content is communicated "publicly" or "privately" on a user-to-user service.

    Exemplar quote from bill: ...erpretation and final provisions 200 “user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section). 233 Content communicated “publicly” or “privately” (1) ...This section specifies factors which OFCOM must, in particular, consider when deciding whether content is communicated “publicly” or “privately” by means of a user-to-user service... for the purposes of— (a) section 122 (notice to deal with terrorism content), (b) section 137 (requirement to use proactive technology), or (c) paragraph 13(4) of Schedule 4 (recommendation of proact...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Definition of functionalities of an internet service

    The bill provides a detailed definition of the functionalities of an internet service. These include creating a user profile, searching for content or users, sharing content, sending direct messages, expressing views on content, sharing location information, following or subscribing to content or users, creating lists of content or users, tagging content, uploading content, changing settings, and accessing other internet services.

    Exemplar quote from bill: ...cludes any feature that enables interactions of any description between users of the service by means of the service, and includes any feature enabling a user to do anything listed in subsection (2). ...(2) The things are— (a) creating a user profile, including an anonymous or pseudonymous profile; (b) searching within the service for user-generated content or other users of the service; (c) forwarding content to, or sharing content with, other users of the service; (d) sharing content on other internet services; (e) sending direct messages to or speaking to other users of the service, or interacting with them in another way (for example by playing a game); (f) expressing a view on content, including, for example, by— (i) applying a “like” or “dislike” button or other button of that nature, (ii) applying an emoji or symbol of any kind, (iii) engaging in yes/no voting, or (iv) rating or scoring content in any way (including giving star or numerical ratings); (g) sharing current or historic location information with other users of the service, recording a user’s movements, or identifying which other users of the service are nearby; (h) following or subscribing to particular kinds of content or particular users of the service; (i) creating lists, collections, archives or directories of content or users of the service; (j) tagging or labelling content present on the service; (k) uploading content relating to goods or services; (l) applying or changing settings on the service which affect the presentation of user-generated content on the service; (m) accessing other internet services through content present on the service (for example through hyperlinks)....ther internet services through content present on the service (for example through hyperlinks). (3) In this Act “functionality”, in relation to a search service, includes (in particular)— (a) a featur...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Financial provisions

    The bill introduces a provision for the Secretary of State to incur any expenditure under this Act, and any increase in sums payable under any other Act due to this Act, to be paid out of money provided by Parliament.

    Exemplar quote from bill: ...(3) and (4) user-to-user part (of a service) section 237 Term Provision 5 10 15 20 25 30 Online Safety Bill Part 12 — Interpretation and final provisions 209 Final provisions 239 Financial provisions ...There is to be paid out of money provided by Parliament— (a) any expenditure incurred under or by virtue of this Act by the Secretary of State, and (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided.... 240 Extent (1) Subject to the following provisions of this section, this Act extends to England and Wales, Scotland and Northern Ireland. (2) The following provisions extend to England and Wales and ...
    • ‼️ Economic Impact

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 1 — Exempt user-to-user and search services

    The bill proposes that user-to-user services or search services provided by a public authority in the exercise of public functions only are exempt from the regulations of the Online Safety Bill.

    Exemplar quote from bill: ... met. 5 10 15 20 25 30 35 40 45 Online Safety Bill Schedule 1 — Exempt user-to-user and search services Part 1 — Descriptions of services which are exempt 215 Services provided by public bodies 9 (1) ...A user-to-user service or a search service is exempt if— (a) both of the following conditions are met in relation to the service— (i) the provider of the service is a public authority within the meaning of section 6 of the Human Rights Act 1998, and (ii) the service is provided in the exercise of public functions only,... (b) the provider of the service is Parliament, either House of Parliament, the Scottish Parliament, Senedd Cymru, the Northern Ireland Assembly or a person acting on behalf of any of those institutio...
    • ‼️ Public Health

      (Variously affected)

    • ‼️ Education

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 1 — Exempt user-to-user and search services

    The bill proposes that user-to-user services or search services provided by a person with legal responsibility for education or childcare, or a person employed or engaged to provide education or childcare, are exempt from the regulations of the Online Safety Bill if the service is provided for the purposes of that education or childcare.

    Exemplar quote from bill: ...paragraph, “public function” means a function that is a function of a public nature for the purposes of the Human Rights Act 1998. Services provided by persons providing education or childcare 10 (1) ...A user-to-user service or a search service is exempt if— (a) the provider of the service is— (i) the person with legal responsibility for education or childcare of a description listed in Part 2 of this Schedule (“the responsible person”), or where the responsible person is a body, a member of that body, or (ii) a person who is employed or engaged to provide education or childcare of a description listed in Part 2 of this Schedule, and who is subject to safeguarding duties which relate to the provision of that education or childcare, and (b) the service is provided for the purposes of that education or childcare.... (2) In sub-paragraph (1)(a)(ii), “safeguarding duties” means duties or requirements which are related to the safeguarding of children arising under enactments other than this Act, under guidance or r...
    • ‼️ Education

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 2 — User-to-user services and search services that include regulated provider pornographic content

    The bill introduces new regulations for user-to-user services and search services that publish or display regulated provider pornographic content and have links with the United Kingdom. The regulations apply to services that meet certain internal business service conditions and do not enable user-generated content.

    Exemplar quote from bill: ...ices and search services that include regulated provider pornographic content 221 SCHEDULE 2 Section 4 USER-TO-USER SERVICES AND SEARCH SERVICES THAT INCLUDE REGULATED PROVIDER PORNOGRAPHIC CONTENT 1 ...A user-to-user service described in any of paragraphs 1 to 5 of Schedule 1— (a) on which regulated provider pornographic content is published or displayed, and (b) that has links with the United Kingdom.... 2 (1) A user-to-user service within sub-paragraph (2) or (3). (2) A user-to-user service is within this sub-paragraph if— (a) the internal business service conditions are met in relation to a part of...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 3 — Timing of providers’ assessments

    The bill sets a timeline for providers to complete their first illegal content risk assessment and Children's Access Assessment (CAA). These assessments must be completed within three months of the publication of the relevant guidance or the service becoming a Part 3 service.

    Exemplar quote from bill: ...by this Act 1 (1) This paragraph applies in relation to a Part 3 service which is in operation immediately before the day on which the first illegal content risk assessment guidance is published. (2) ...The first illegal content risk assessment of the service must be completed within the period of three months beginning with the day on which that guidance is published.... (3) The first CAA of the service must be completed within the period of three months beginning with the day on which the first CAA guidance is published. New Part 3 services which start up, and exist...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 15(2) assessments

    The bill introduces a requirement for a section 15(2) assessment of the service to be completed within three months of the relevant day if guidance is available. If the guidance has not been published on the relevant day, the assessment must be completed within three months of the publication of the first section 15(2) guidance.

    Exemplar quote from bill: ...was not a Category 1 service). 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 3 — Timing of providers’ assessments Part 2 — Timing of children’s risk assessments and section 15(2) assessments 224 ...(2) If, on the relevant day, section 15(2) guidance is available, a section 15(2) assessment of the service must be completed within the period of three months beginning with that day.... (3) Sub-paragraph (4) applies if— (a) on the relevant day, the first section 15(2) guidance has not yet been published, and (b) immediately before the publication of that guidance, the service is sti...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Pre-existing Part 4B services

    The bill introduces a definition for "pre-existing Part 4B service", which refers to an internet service that is a video-sharing platform service and was being provided before Schedule 17 comes into force, or a dissociable section of an internet service that meets the same conditions.

    Exemplar quote from bill: ...ice must be completed within the period of three months beginning with the day on which the first section 15(2) guidance is published. PART 3 PRE-EXISTING PART 4B SERVICES Interpretation of this Part ...7 (1) In this Part, “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 Schedule 17 (video-sharing platform services: transitional provision etc) 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 Schedule 17 comes into force....(2) In sub-paragraph (1), any reference to a service provided before Schedule 17 comes into force includes a reference to a service provided in breach of the requirement in section 368V of the Communi...
    • ‼️ Tech Company Regulation

      (Variously affected)

    • ‼️ Digital Economy

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Assessment start day for pre-existing Part 4B services

    The bill introduces a definition for "assessment start day" for pre-existing Part 4B services, which is either the date specified in regulations made by the Secretary of State or the date when the service ceases to be a video-sharing platform service, if this happens before the date specified in the regulations.

    Exemplar quote from bill: ...ragraph (1), any reference to a service provided before Schedule 17 comes into force includes a reference to a service provided in breach of the requirement in section 368V of the Communications Act. ...8 (1) In this Part, “assessment start day”, in relation to a pre-existing Part 4B service, means— (a) the date specified in regulations made by the Secretary of State for the purposes of this Part of this Schedule, or (b) if the pre-existing Part 4B service ceases to be a video-sharing platform service before the date specified in the regulations, the date when that service ceases to be a video-sharing platform service.... (2) But in respect of any period during which this Schedule is fully in force and no regulations under sub-paragraph (1) have yet been made, the definition in sub-paragraph (1) has effect as if— (a) ...
    • ‼️ Tech Company Regulation

      (Variously affected)

    • ‼️ Digital Economy

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Part 4B part

    The bill introduces a requirement for illegal content risk assessments and children's access assessments (CAA) of the Part 4B part. These assessments must be completed within three months of the assessment start day or the day the first CAA guidance is published.

    Exemplar quote from bill: ...aragraph 19, and (c) paragraph 5 applies as set out in paragraph 20. (4) But paragraphs 16 to 20 do not apply if the service ceases to be a regulated user-to-user service on the assessment start day. ...Illegal content risk assessments and children’s access assessments of Part 4B part 16 (1) Sub-paragraphs (2) and (3) apply in relation to the Part 4B part if, on the assessment start day, illegal content risk assessment guidance is available but the first CAA guidance has not yet been published. (2) The first illegal content risk assessment of the Part 4B part must be completed within the period of three months beginning with the assessment start day. (3) The first CAA of the Part 4B part must be completed within the period of three months beginning with the day on which the first CAA guidance is published.... 17 If, on the assessment start day, illegal content risk assessment guidance and CAA guidance are both available, both of the following must be completed within the period of three months beginning w...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • ‼️ Child Protection

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Section 15(2) assessments of Part 4B part

    The bill introduces a requirement for Section 15(2) assessments of the Part 4B part. These assessments must be completed within three months of the assessment start day if the Section 15(2) guidance is available.

    Exemplar quote from bill: ...able, both of the following must be completed within the period of three months beginning with that day— (a) an illegal content risk assessment of the Part 4B part, and (b) a CAA of the Part 4B part. ...Section 15(2) assessments of Part 4B part 18 (1) If section 15(2) guidance is available on the assessment start day, a section 15(2) assessment of the Part 4B part must be completed within the period of three months beginning with that day.... 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 3 — Timing of providers’ assessments Part 3 — Pre-existing Part 4B services 227 (2) If, on the assessment start day, the first section 15(2) guidanc...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Application of Part 1 and paragraph 6

    The bill introduces a provision for the application of Part 1 and paragraph 6 in relation to illegal content risk assessments, CAAs, and Section 15(2) assessments of the regulated service if these assessments are due to be carried out in relation to the Part 4B part of the service.

    Exemplar quote from bill: ...t yet been published, a section 15(2) assessment of the Part 4B part must be completed within the period of three months beginning with the day on which the first section 15(2) guidance is published. ...Application of Part 1 and paragraph 6 19 (1) This paragraph applies in relation to— (a) an illegal content risk assessment or a CAA of the regulated service if an assessment of that kind is due to be carried out in relation to the Part 4B part of the service in accordance with paragraph 16 or 17; (b) a section 15(2) assessment of the regulated service if a section 15(2) assessment is due to be carried out in relation to the Part 4B part of the service in accordance with paragraph 18.... References in the rest of this paragraph to an illegal content risk assessment, a CAA or a section 15(2) assessment are to an assessment of that kind to which this paragraph applies. (2) For the purp...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Human Rights

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 4 Section 42

    The bill introduces a requirement for OFCOM to consider the appropriateness of provisions of the code of practice to different kinds and sizes of Part 3 services and to providers of differing sizes and capacities when preparing a draft of a code of practice or amendments of a code of practice.

    Exemplar quote from bill: ...at kind (as the case may be) which relate to Part 3 services of a particular kind or size. SCHEDULE 4 Section 42 CODES OF PRACTICE UNDER SECTION 41: PRINCIPLES, OBJECTIVES, CONTENT General principles ...1 In preparing a draft of a code of practice or amendments of a code of practice, OFCOM must— (a) consider the appropriateness of provisions of the code of practice to different kinds and sizes of Part 3 services and to providers of differing sizes and capacities, and (b) have regard to the principles mentioned in paragraph 2.... 2 The principles are as follows— (a) providers of Part 3 services must be able to understand which provisions of the code of practice apply in relation to a particular service they provide; (b) the m...
    • ‼️ Tech Company Regulation

      This change could potentially impact tech companies of different sizes and capacities, as it requires OFCOM to consider their specific circumstances when drafting or amending codes of practice.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 4 — Codes of practice under section 41: principles, objectives, content

    The bill proposes the insertion of a provision that allows for the creation of different codes of practice for different types of services and providers, as deemed appropriate by OFCOM.

    Exemplar quote from bill: ...s a kind of age verification or age estimation technology. 5 10 15 20 25 30 35 40 45 Online Safety Bill Schedule 4 — Codes of practice under section 41: principles, objectives, content 235 General 14 ...A code of practice may make different provision for different purposes and may, in particular— (a) make different provision with regard to— (i) user-to-user services, and (ii) search services; (b) make different provision with regard to user-to-user services of different kinds or search services of different kinds; and (c) otherwise differentiate between Part 3 services, and between providers of such services, in such manner as OFCOM consider appropriate.... 15 A code of practice may apply in relation to a person who provides a Part 3 service from outside the United Kingdom. Interpretation 16 In this Schedule— “code of practice” means a code of practice ...
    • ‼️ Internet Governance

      This change allows for more nuanced regulation of different types of online services, potentially improving the effectiveness of governance in the digital space.

    • ‼️ Tech Company Regulation

      This change could impact tech companies differently depending on the type of service they provide, potentially leading to more tailored and appropriate regulations.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 5 — Terrorism offences

    The bill proposes the insertion of a list of offences under the Terrorism Act 2000 that are relevant to the Online Safety Bill.

    Exemplar quote from bill: ...results” has the meaning given by section 57(3); “user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section). SCHEDULE 5 Section 59 TERRORISM OFFENCES 1 ...An offence under any of the following provisions of the Terrorism Act 2000— (a) section 11 (membership of a proscribed organisation); (b) section 12(1) (inviting support for a proscribed organisation); (c) section 12(1A) (expressing an opinion or belief supportive of a proscribed organisation); (d) section 12(2) (arranging a meeting supportive of a proscribed organisation); (e) section 13(1A) (publishing image of uniform of proscribed organisation); (f) section 15 (terrorist fund-raising); (g) section 16(1) (use of money or property for terrorist purposes); (h) section 16(2) (possession of money or property for terrorist purposes); (i) section 17 (involvement in terrorist funding arrangements); (j) section 18 (laundering of terrorist property); (k) section 54(1) (providing weapons training); (l) section 54(3) (inviting another to receive weapons training); (m) section 56 (directing a terrorist organisation); (n) section 58 (collection of information likely to be of use to a terrorist); (o) section 58A (publishing information about members of the armed forces etc); (p) sections 59 to 61 (inciting terrorism outside the United Kingdom)....ces 236 (p) sections 59 to 61 (inciting terrorism outside the United Kingdom). 2 An offence under section 113 of the Anti-terrorism, Crime and Security Act 2001 (use of noxious substances or things). ...
    • ‼️ National Security

      This change could potentially enhance national security by clarifying the types of terrorist activities that are considered offences in the context of online safety.

    • ‼️ Internet Governance

      This change could impact how the internet is governed in relation to terrorism, potentially leading to stricter regulations and enforcement.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Internet services provided by public bodies

    The bill proposes a new definition for internet services provided by public bodies. This includes services provided by public authorities, Parliament, foreign sovereign powers, and entities formed under the law of a country outside the UK that exercise public functions.

    Exemplar quote from bill: ...h (2)(b), “the rest of the service” means all parts of the internet service other than the part in relation to which the conditions in paragraph 1(2) are met. Services provided by public bodies 3 (1) ...An internet service, other than a user-to-user service or a search service, which is provided by a public body.... 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 9 — Certain internet services not subject to duties relating to regulated provider pornographic content 248 (2) An internet service is “provided by ...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Public Health

      (Variously affected)

    • ‼️ Education

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 10 — Recovery of OFCOM’s initial costs

    The Secretary of State is given the power to end the process of OFCOM charging additional fees to providers of regulated services.

    Exemplar quote from bill: ...n paragraph 3 comes to an end if a statement by OFCOM under that paragraph records that— (a) the recoverable amount is nil, or (b) all of the recoverable amount is likely to be paid or recovered. (2) ...Or the Secretary of State may bring that process to an end by making a determination that OFCOM are not to embark on another round of charging providers of regulated services additional fees.... (3) The earliest time when such a determination may be made is after the publication of OFCOM’s first statement under paragraph 3. (4) A determination under sub-paragraph (2)— (a) must be made as soo...
    • ‼️ Economic Impact

      This change could potentially relieve providers of regulated services from the burden of additional fees, depending on the Secretary of State's decision.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    OFCOM's role in research and advice

    OFCOM is tasked with carrying out research into various aspects of regulated user-to-user services, including how easily user-generated content is disseminated, the number of users and functionalities of such services, and other relevant characteristics or factors. This research is to be carried out within six months of the Act being passed and is to be used in specifying the Category 1 threshold conditions.

    Exemplar quote from bill: ...der paragraph 1 2 (1) This paragraph describes the procedure that must be followed in relation to the making of the first regulations under each of sub-paragraphs (1), (2) and (3) of paragraph 1. (2) ...In the case of regulations under paragraph 1(1), within the period of six months beginning with the day on which this Act is passed, OFCOM must carry out research into— (a) how easily, quickly and widely regulated user-generated content is disseminated by means of regulated user-to-user services, (b) the number of users and functionalities of the user-to-user part of such services, and (c) such other characteristics of that part of such services or factors relating to that part of such services as OFCOM consider to be relevant to specifying the Category 1 threshold conditions....t of such services or factors relating to that part of such services as OFCOM consider to be relevant to specifying the Category 1 threshold conditions. (3) In the case of regulations under paragraph ...
    • ‼️ Internet Governance

      This change could lead to more informed and effective governance of the internet, particularly in relation to user-to-user services.

    • ‼️ Tech Company Regulation

      The research carried out by OFCOM could potentially lead to increased regulation of tech companies providing user-to-user services.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 11 — Categories of regulated user-to-user services and regulated search services: regulations

    The bill proposes that if OFCOM advises the Secretary of State to make new regulations and the Secretary of State does not do so, the Secretary of State must publish a statement explaining the decision. This statement must be published no later than the time at which the regulations to which the statement relates are made and in a manner that the Secretary of State deems appropriate for those who may be affected by it.

    Exemplar quote from bill: ...aining the departures from that advice; (b) if OFCOM’s advice was as mentioned in sub-paragraph (6)(b), the Secretary of State must publish a statement explaining the reasons for the new regulations. ...(9) Where OFCOM’s advice is as mentioned in sub-paragraph (6)(a) and the Secretary of State does not make new regulations, the Secretary of State must, as soon as reasonably practicable, publish a statement explaining that decision.... 5 10 15 20 25 30 35 40 45 Online Safety Bill Schedule 11 — Categories of regulated user-to-user services and regulated search services: regulations 257 (10) A statement mentioned in sub-paragraph (8)...
    • ‼️ Government Transparency

      This change promotes government transparency by requiring the Secretary of State to explain decisions not to make new regulations based on OFCOM's advice. This could help the public understand the reasoning behind such decisions.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Football Spectators Act 1989

    The amendment adds offences under section 180 (false communications) or 182 (threatening communications) of the Online Safety Act 2023 to the list of relevant offences in the Football Spectators Act 1989.

    Exemplar quote from bill: ...and 184 269 SCHEDULE 14 Section 192 AMENDMENTS CONSEQUENTIAL ON OFFENCES IN PART 10 OF THIS ACT PART 1 AMENDMENTS CONSEQUENTIAL ON OFFENCES IN SECTIONS 180, 182 AND 184 Football Spectators Act 1989 1 ...In Schedule 1 to the Football Spectators Act 1989 (football banning orders: relevant offences), after paragraph 1(y) insert— “(z) any offence under section 180 (false communications) or 182 (threatening communications) of the Online Safety Act 2023...— (i) which does not fall within paragraph (d), (e), (m), (n), (r) or (s), (ii) as respects which the court has stated that the offence is aggravated by hostility of any of the types mentioned in sect...
    • ‼️ Justice System

      This amendment could potentially increase the scope of offences that could lead to football banning orders, thereby potentially impacting the justice system.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Sexual Offences Act 2003

    The amendment adds offences under section 180 (false communications) and 182 (threatening communications) of the Online Safety Act 2023 to the list of offences in the Sexual Offences Act 2003.

    Exemplar quote from bill: ...ence related to a football match, to a football organisation or to a person whom the accused knew or believed to have a prescribed connection with a football organisation.” Sexual Offences Act 2003 2 ...In Schedule 5 to the Sexual Offences Act 2003, in the list of offences for England and Wales, after paragraph 63C insert— “63D An offence under section 180 of the Online Safety Act 2023 (false communications). 63E An offence under section 182 of that Act (threatening communications)....” 3 In Schedule 5 to the Sexual Offences Act 2003, in the list of offences for Northern Ireland, after paragraph 171H insert— “171I An offence under section 180 of the Online Safety Act 2023 (false co...
    • ‼️ Justice System

      This amendment could potentially increase the scope of offences under the Sexual Offences Act 2003, thereby potentially impacting the justice system.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Regulatory Enforcement and Sanctions Act 2008

    The amendment adds sections 180 and 182 of the Online Safety Act 2023 to the list of relevant enactments in the Regulatory Enforcement and Sanctions Act 2008.

    Exemplar quote from bill: ...ce under section 180 of the Online Safety Act 2023 (false communications). 171J An offence under section 182 of that Act (threatening communications).” Regulatory Enforcement and Sanctions Act 2008 4 ...In Schedule 3 to the Regulatory Enforcement and Sanctions Act 2008 (relevant enactments for the purposes of relevant functions to which Parts 1 and 2 of that Act apply), at the appropriate place insert— “Online Safety Act 2023, sections 180 and 182”.... 14 — Amendments consequential on offences in Part 10 of this Act Part 1 — Amendments consequential on offences in sections 180, 182 and 184 270 “Online Safety Act 2023, sections 180 and 182”. Electio...
    • ‼️ Justice System

      This amendment could potentially increase the scope of regulatory enforcement and sanctions, thereby potentially impacting the justice system.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Elections Act 2022

    The amendment adds offences under sections 180 (false communications), 182 (threatening communications), and 184 (sending or showing flashing images) of the Online Safety Act 2023 to the list of offences in the Elections Act 2022.

    Exemplar quote from bill: ...ts consequential on offences in Part 10 of this Act Part 1 — Amendments consequential on offences in sections 180, 182 and 184 270 “Online Safety Act 2023, sections 180 and 182”. Elections Act 2022 5 ...In Schedule 9 to the Elections Act 2022 (offences for purposes of Part 5), in Part 2, after paragraph 52 insert— “Online Safety Act 2023 52A An offence under any of the following provisions of the Online Safety Act 2023— (a) section 180 (false communications); (b) section 182 (threatening communications); (c) section 184 (sending or showing flashing images)....” PART 2 AMENDMENTS CONSEQUENTIAL ON OFFENCE IN SECTION 185 Children and Young Persons Act 1933 6 In Schedule 1 to the Children and Young Persons Act 1933 (offences against children and young persons ...
    • ‼️ Justice System

      This amendment could potentially increase the scope of offences under the Elections Act 2022, thereby potentially impacting the justice system.

    • ‼️ Political Power

      This amendment could potentially impact political power by increasing the scope of offences related to elections.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Part 4B of the Communications Act (video-sharing platform services)

    The bill proposes amendments to Part 4B of the Communications Act, which pertains to video-sharing platform services.

    Exemplar quote from bill: ... be read with any necessary modifications if applied to an entity formed under the law of a country outside the United Kingdom. SCHEDULE 16 Section 210 AMENDMENTS OF PART 4B OF THE COMMUNICATIONS ACT ...1 Part 4B of the Communications Act (video-sharing platform services) is amended in accordance with this Schedule.... 2 In section 368U (maintenance of list of providers)— (a) omit subsection (2); (b) for subsection (3) substitute— “(3) OFCOM must publish the up to date list on a publicly accessible part of their we...
    • ‼️ Digital Economy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Section 368Z12 of the Communications Act

    The bill proposes to replace section 368Z12 of the Communications Act, which deals with cooperation with member states and the European Commission. The new provision allows OFCOM to cooperate with EEA states subject to the Audiovisual Media Services Directive and their national regulatory authorities. The purpose of this cooperation is to facilitate OFCOM's functions under this part or to facilitate the functions of the national regulatory authorities of the EEA states in relation to video-sharing platform services under the Directive.

    Exemplar quote from bill: ...ivity”. 6 In section 368Z10(3)(a) (power to demand information), for the words from “falls under” to the end substitute “has the required connection with the United Kingdom under section 368S(2)(d)”. ...7 For section 368Z12 (co-operation with member States and the European Commission) substitute— “368Z12Co-operation with EEA States OFCOM may co-operate with EEA states which are subject to the Audiovisual Media Services Directive, and with the national regulatory authorities of such EEA states, for the following purposes— (a) facilitating the carrying out by OFCOM of any of their functions under this Part; or (b) facilitating the carrying out by the national regulatory authorities of the EEA states of any of their functions in relation to video-sharing platform services under that Directive as it has effect in EU law as amended from time to time.”... 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 17 — Video-sharing platform services: transitional provision etc Part 1 — Interpretation 280 SCHEDULE 17 Section 212 VIDEO-SHARING PLATFORM SERVICES...
    • ‼️ Digital Economy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 17 Section 212

    The bill introduces Schedule 17 Section 212, which provides transitional provisions for video-sharing platform services.

    Exemplar quote from bill: ... it has effect in EU law as amended from time to time.” 5 10 15 20 25 30 35 40 Online Safety Bill Schedule 17 — Video-sharing platform services: transitional provision etc Part 1 — Interpretation 280 ...SCHEDULE 17 Section 212 VIDEO-SHARING PLATFORM SERVICES: TRANSITIONAL PROVISION ETC... 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(...
    • ‼️ Digital Economy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Minor amendments of codes of practice

    The bill proposes a new procedure for minor amendments to codes of practice. If OFCOM proposes to amend a code of practice and considers the amendments minor, consultation is deemed unnecessary and the amendments do not need to be laid before Parliament. If the Secretary of State agrees with OFCOM, the consultation requirements and section 43 do not apply to the amendments.

    Exemplar quote from bill: ...nited Kingdom (and see also section 117(3)). (7) In this section “terrorism or CSEA code of practice” means a code of practice under section 41(1) or (2). 48 Minor amendments of codes of practice (1) ...This section applies if— (a) OFCOM propose to amend a code of practice under section 41, and (b) OFCOM consider that the minor nature of the proposal means that— (i) consultation is unnecessary, and (ii) the proposed amendments should not be required to be laid before Parliament.... (2) OFCOM must notify the Secretary of State of the proposed amendments. (3) If the Secretary of State agrees with OFCOM that it is appropriate— (a) the consultation requirements set out in section 4...
    • ‼️ Political Power

      (Variously affected)

    • ‼️ Justice System

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Communications Act

    The Communications Act is being amended to include United Kingdom users of regulated services in the list of entities for which information and advice should be published.

    Exemplar quote from bill: ...Enterprise Act 2002 (enactments relevant to provisions about disclosure of information), at the appropriate place insert— “Online Safety Act 2023.” 120 Information for users of regulated services (1) ...Section 26 of the Communications Act (publication of information and advice for consumers etc) is amended as follows. In subsection (2), after paragraph (d) insert— “(da) United Kingdom users of regulated services;”....s;”. (3) After subsection (6) insert— “(7) In this section the following terms have the same meaning as in the Online Safety Act 2023— “regulated service” (see section 4 of that Act); “United Kingdom ...
    • ‼️ Digital Accessibility

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Section 181: Exemptions from offence under section 180

    The bill provides exemptions for recognised news publishers and holders of a Broadcasting Act licence from the offence of sending false messages.

    Exemplar quote from bill: ...te on which it did so; and a certificate to that effect and purporting to be so signed is to be treated as being so signed unless the contrary is proved. 181 Exemptions from offence under section 180 ...(1) A recognised news publisher cannot commit an offence under section 180. (2) An offence under section 180 cannot be committed by the holder of a licence under the Broadcasting Act 1990 or 1996 in connection with anything done under the authority of the licence.... (3) An offence under section 180 cannot be committed by the holder of a multiplex licence in connection with anything done under the authority of the licence. (4) An offence under section 180 cannot ...
    • ‼️ Freedom of Information

      This change protects news publishers and broadcasters from being prosecuted for the false communications offence, which could help to maintain freedom of the press.

    • ‼️ Justice System

      This introduces exemptions to the new offence, which will need to be considered in enforcement and prosecution.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Time-limits for first guidance

    The bill sets a time limit of 18 months from the day the Act is passed for OFCOM to publish its first guidance under certain provisions of the Act.

    Exemplar quote from bill: ...ropriate. (4) OFCOM must publish the guidance (and any revised or replacement guidance). Time-limits for first guidance 195 Time for publishing first guidance under certain provisions of this Act (1) ...OFCOM must publish guidance to which this section applies within the period of 18 months beginning with the day on which this Act is passed.... (2) This section applies to— (a) the first guidance under section 52(3)(a) (record-keeping and review); (b) the first guidance under section 52(3)(b) (children’s access assessments); (c) the first gu...
    • ‼️ Tech Company Regulation

      This change could impact how tech companies are regulated, as it sets a time limit for OFCOM to provide them with guidance under certain provisions of the Act.

    • ‼️ Internet Governance

      This change could affect internet governance, as it involves a time limit for the publication of guidance about certain provisions of the Act.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 207: Payment of sums into the Consolidated Fund

    The bill amends Section 400 of the Communications Act to require that amounts received by OFCOM in respect of penalties or additional fees under the Online Safety Act 2023 be paid into the Consolidated Fund of the UK.

    Exemplar quote from bill: ... be construed in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act). Payment of sums into Consolidated Fund 207 Payment of sums into the Consolidated Fund (1) ...Section 400 of the Communications Act (destination of penalties etc) is amended as follows.... (2) In subsection (1), after paragraph (i) insert— “(j) an amount paid to OFCOM in respect of a penalty imposed by them under Chapter 6 of Part 7 of the Online Safety Act 2023; (k) an amount paid to ...
    • ‼️ Economic Impact

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Section 209: Service of notices

    The bill introduces a provision for how OFCOM may serve notices under the Act. Notices can be delivered by hand, left at the person's proper address, sent by post to that address, or sent by email to the person's email address.

    Exemplar quote from bill: ...shed in such manner as OFCOM consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by it. Service of notices 209 Service of notices (1) ...This section applies in relation to a notice that may or must be given by OFCOM to a person under any provision of this Act.... (2) OFCOM may give a notice to a person by— (a) delivering it by hand to the person, (b) leaving it at the person’s proper address, (c) sending it by post to the person at that address, or (d) sendin...
    • ‼️ Tech Company Regulation

      (Variously affected)

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Regulations under subsection (3)

    The Secretary of State is required to consult with the Scottish Ministers or the Department of Justice in Northern Ireland before making regulations that add, amend, or remove an offence that only extends to Scotland or Northern Ireland, respectively.

    Exemplar quote from bill: ...y are), or (iii) the performance of a service by a person not qualified to perform it; or (b) it is an offence under the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277). (7) ...The Secretary of State must consult the Scottish Ministers before making regulations under subsection (3) which— (a) add an offence that extends only to Scotland, or (b) amend or remove an entry specifying an offence that extends only to Scotland.... (8) The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (3) which— (a) add an offence that extends only to Northern Ireland, o...
    • ‼️ Political Power

      This change ensures that the devolved administrations in Scotland and Northern Ireland have a say in regulations that specifically affect their jurisdictions.

    • ‼️ Justice System

      This change could potentially affect how certain online offences are prosecuted in Scotland and Northern Ireland.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Procedure for amending or replacing regulations

    The bill stipulates that existing regulations cannot be amended or replaced without further research by OFCOM into the relevant matters.

    Exemplar quote from bill: ... paragraph 1 until OFCOM have carried out research and provided advice to the Secretary of State as required by this paragraph. Procedure for amending or replacing regulations under paragraph 1 3 (1) ...Regulations in force under paragraph 1(1) may not be amended or replaced by further regulations under that provision except following further research carried out by OFCOM into the matters mentioned in paragraph 2(2).... (2) Regulations in force under paragraph 1(2) may not be amended or replaced by further regulations under that provision except following further research carried out by OFCOM into the matters mentio...
    • ‼️ Internet Governance

      This change could ensure that changes to internet governance are based on thorough research, potentially leading to more effective and appropriate regulations.

    • ‼️ Tech Company Regulation

      The requirement for further research by OFCOM could potentially lead to more informed regulation of tech companies.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Schedule 11 — Categories of regulated user-to-user services and regulated search services: regulations

    The bill proposes that the requirements in sub-paragraphs (1) to (3) do not apply to regulations made solely for the purpose of correcting existing regulations under paragraph 1.

    Exemplar quote from bill: ...statement mentioned in sub-paragraph (8) or (9) must be published in such manner as the Secretary of State considers appropriate for bringing it to the attention of persons who may be affected by it. ...(12) Sub-paragraphs (1) to (3) do not apply to regulations made only for the purpose of correcting existing regulations under paragraph 1.... Publication of OFCOM’s advice under paragraphs 2 and 3 4 (1) In arranging for the publication of advice under paragraph 2(7)(a) or 3(7), OFCOM must have regard to the need to exclude from publication...
    • ‼️ Government Efficiency

      This change could streamline the process of correcting existing regulations, potentially improving government efficiency.

    • 🟢 Flagged for scrutiny
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Section 368U of the Communications Act

    The bill proposes changes to section 368U of the Communications Act, which deals with the maintenance of a list of providers. The proposed changes include the removal of subsection (2) and the replacement of subsection (3) with a new provision that mandates OFCOM to publish the updated list on a publicly accessible part of their website.

    Exemplar quote from bill: ...ted Kingdom. SCHEDULE 16 Section 210 AMENDMENTS OF PART 4B OF THE COMMUNICATIONS ACT 1 Part 4B of the Communications Act (video-sharing platform services) is amended in accordance with this Schedule. ...2 In section 368U (maintenance of list of providers)— (a) omit subsection (2); (b) for subsection (3) substitute— “(3) OFCOM must publish the up to date list on a publicly accessible part of their website.”... 3 In section 368V(4) (meaning of “significant differences”), for the words from “the determination of jurisdiction” to the end substitute “whether or not the person has the required connection with t...
    • ‼️ Digital Economy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Definition of "combined service" and "public search engine"

    The bill introduces the definition of a "combined service" as a regulated user-to-user service that includes a public search engine. It also defines a "public search engine" as a search engine that does not meet the conditions in paragraph 7(2) of Schedule 1 (internal business service conditions).

    Exemplar quote from bill: ...ice, user-generated content present on the service or (if the service includes a search engine) search content of the service; (ii) in the case of a search service, search content of the service. (7) ...A regulated user-to-user service that includes a public search engine is referred to in this Act as a “combined service”. “Public search engine” means a search engine other than one in relation to which the conditions in paragraph 7(2) of Schedule 1 (internal business service conditions) are met.... (8) In this section— “search content” has the same meaning as in Part 3 (see section 57); “user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section). 5...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Disapplication of Act to certain parts of services

    The bill specifies that the Act does not apply to certain parts of a Part 3 service if they meet the conditions in paragraph 7(2) of Schedule 1 (internal business service conditions).

    Exemplar quote from bill: ...ing as in Part 3 (see section 57); “user-generated content” has the meaning given by section 55 (see subsections (3) and (4) of that section). 5 Disapplication of Act to certain parts of services (1) ...This Act does not apply in relation to a part of a Part 3 service if the conditions in paragraph 7(2) of Schedule 1 (internal business service conditions) are met in relation to that part.... (2) This Act does not apply in relation to a part of a regulated search service if— (a) the only user-generated content enabled by that part of the service is content of any of the following kinds— (...
    • ‼️ Internet Governance

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: amendment

    Notice delivery to entities outside the United Kingdom

    The bill proposes a change in how notices are delivered to entities registered or conducting business outside the UK. The amendment allows OFCOM to deliver notices to any place in the UK where they believe it will come to the attention of any director or officer of the entity, if the entity has no office in the UK.

    Exemplar quote from bill: ... 1978 in its application to those paragraphs, is— (a) in the case of an entity, the address of the entity’s registered or principal office; (b) in any other case, the person’s last known address. (8) ...In the case of an entity registered or carrying on business outside the United Kingdom, or with offices outside the United Kingdom, the reference in subsection (7) to its principal office includes its principal office in the United Kingdom or, if the entity has no office in the United Kingdom, any place in the United Kingdom at which OFCOM believe, on reasonable grounds, that the notice will come to the attention of any director or other officer of that entity.... (9) In the case of a notice given to an individual under section 107 (interviews), the reference in subsection (7) to the person’s last known address is to the individual’s home address or, if the in...
    • ‼️ Internet Governance

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Schedule 7

    The bill specifies that certain offences, including those related to intellectual property rights, the safety or quality of goods, the performance of a service by an unqualified person, or offences under the Consumer Protection from Unfair Trading Regulations 2008, cannot be added to Schedule 7.

    Exemplar quote from bill: ...hat offence, (b) the risk of harm to individuals in the United Kingdom presented by the use of such services for the commission or facilitation of that offence, and (c) the severity of that harm. (6) ...An offence may not be added to Schedule 7 if— (a) the offence concerns— (i) the infringement of intellectual property rights, (ii) the safety or quality of goods (as opposed to what kind of goods they are), or (iii) the performance of a service by a person not qualified to perform it; or (b) it is an offence under the Consumer Protection from Unfair Trading Regulations 2008 (S.I. 2008/1277).... (7) The Secretary of State must consult the Scottish Ministers before making regulations under subsection (3) which— (a) add an offence that extends only to Scotland, or (b) amend or remove an entry ...
    • ‼️ Justice System

      This change could potentially limit the scope of offences that can be prosecuted under this Act.

    • ‼️ Intellectual Property

      This change explicitly excludes offences related to intellectual property rights from being added to Schedule 7.

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Extent of the Act

    The bill specifies the extent of the Act, stating that it extends to England, Wales, Scotland, and Northern Ireland, with certain provisions extending only to specific regions. It also allows for the Act to be extended to the Bailiwick of Guernsey or the Isle of Man by Order in Council.

    Exemplar quote from bill: ...penditure incurred under or by virtue of this Act by the Secretary of State, and (b) any increase attributable to this Act in the sums payable under any other Act out of money so provided. 240 Extent ...(1) Subject to the following provisions of this section, this Act extends to England and Wales, Scotland and Northern Ireland. (2) The following provisions extend to England and Wales and Northern Ireland— (a) sections 180 to 184; (b) section 190(1). (3) The following provisions extend to England and Wales only— (a) section 188; (b) section 189; (c) section 190(2); (d) section 191; (e) section 214; (f) section 215(1) to (3). (4) Section 215(4) to (6) extends to Scotland only. (5) The following provisions extend to Northern Ireland only— (a) section 190(3); (b) section 215(7) to (9). (6) An amendment or repeal made by Schedule 14 has the same extent within the United Kingdom as the provision amended or repealed. (7) His Majesty may by Order in Council provide for any of the provisions of this Act to extend, with or without modifications, to the Bailiwick of Guernsey or to the Isle of Man.... (8) Subsections (1) and (2) of section 225 apply to an Order in Council under subsection (7) as they apply to regulations under this Act. (9) The power conferred by section 411(6) of the Communicatio...
    • ‼️ Territorial Governance

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵🔵 High
    • Type: insertion

    Commencement and transitional provision

    The bill specifies the commencement and transitional provisions of the Act, stating that it comes into force on a day appointed by the Secretary of State, with the power to appoint different days for different purposes. Certain provisions are specified to come into force on the day the Act is passed.

    Exemplar quote from bill: ...be exercised so as to extend to the Bailiwick of Guernsey or the Isle of Man the amendments of Schedule 18 to that Act made by paragraph 20 of Schedule 14. 241 Commencement and transitional provision ...(1) Except as provided by subsection (4), this Act comes into force on such day as the Secretary of State may by regulations appoint. (2) The power to make regulations under subsection (1) includes power to appoint different days for different purposes. (3) Regulations under subsection (1) may not bring section 211 into force before the end of the period of six months beginning with the date specified in regulations under paragraph 8(1) of Schedule 3. (4) The following provisions come into force on the day on which this Act is passed— (a) Parts 1 and 2; (b) Chapter 1 of Part 3; (c) section 41, except subsection (4) of that section; (d) section 42 and Schedule 4; (e) sections 43 to 48; (f) section 52(3), (4) and (5); (g) section 53, except subsection (2) of that section; (h) Chapter 7 of Part 3 and Schedules 5, 6 and 7; (i) section 71; (j) section 75; (k) section 80; (l) section 81(4); (m) section 83; (n) sections 91 and 92; (o) section 94; (p) section 95 and Schedule 11; (q) Chapter 3 of Part 7; (r) section 130; (s) section 152; (t) section 155 so far as relating to a duty imposed on OFCOM under Schedule 11; (u) section 194, except subsection (2)(b) of that section; (v) section 195; (w) section 205(1); (x) section 208; (y) section 213; (z) section 215; (z1) section 220; (z2) sections 222 to 226; (z3) this Part....nal provisions 211 (z) section 215; (z1) section 220; (z2) sections 222 to 226; (z3) this Part. (5) The Secretary of State may by regulations make transitional, transitory or saving provision in conne...
    • ‼️ Bureaucratic Processes

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: amendment

    Enterprise Act 2002

    The Enterprise Act 2002 is being amended to include the Online Safety Act 2023 in its schedule of enactments relevant to provisions about disclosure of information.

    Exemplar quote from bill: ...onferred by section 176(5) of that Act (information in connection with circumstances presenting a threat), and (b) reasonably required by the Secretary of State.” 119 Amendment of Enterprise Act 2002 ...In Schedule 15 to the Enterprise Act 2002 (enactments relevant to provisions about disclosure of information), at the appropriate place insert— “Online Safety Act 2023.”... 120 Information for users of regulated services (1) Section 26 of the Communications Act (publication of information and advice for consumers etc) is amended as follows. (2) In subsection (2), after ...
    • ‼️ Freedom of Information

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Definition of "Electronic communications service"

    The bill introduces a definition for "Electronic communications service", referring to the definition provided in the Communications Act.

    Exemplar quote from bill: ...subsection (1) a service is “made available by means of the internet” even where it is made available by means of a combination of— (a) the internet, and (b) an electronic communications service. (3) ...“Electronic communications service” has the same meaning as in the Communications Act (see section 32(2) of that Act).... 230 “Search engine” (1) In this Act “search engine”— (a) includes a service or functionality which enables a person to search some websites or databases (as well as a service or functionality which e...
    • ‼️ Internet Governance

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Definition of "Search engine"

    The bill provides a definition for "Search engine", specifying what it includes and excludes.

    Exemplar quote from bill: ...ernet, and (b) an electronic communications service. (3) “Electronic communications service” has the same meaning as in the Communications Act (see section 32(2) of that Act). 230 “Search engine” (1) ...In this Act “search engine”— (a) includes a service or functionality which enables a person to search some websites or databases (as well as a service or functionality which enables a person to search (in principle) all websites or databases); (b) does not include a service which enables a person to search just one website or database.... (2) For the purposes of this Act, a search engine is not to be taken to be “included” in an internet service or a user-to-user service if the search engine is controlled by a person who does not cont...
    • ‼️ Internet Governance

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Definition of "Functionality"

    The bill introduces a definition for "Functionality" in relation to a user-to-user service.

    Exemplar quote from bill: ... to access particular content except by using particular technology or a particular kind of device (as long as that technology or device is generally available to the public). 234 “Functionality” (1) ...In this Act “functionality”, in relation to a user-to-user service, includes any feature that enables interactions of any description between users of the service by means of the service, and includes any feature enabling a user to do anything listed in subsection (2).... (2) The things are— (a) creating a user profile, including an anonymous or pseudonymous profile; (b) searching within the service for user-generated content or other users of the service; (c) forward...
    • ‼️ Internet Governance

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Section 237: Interpretation: general

    The bill provides definitions for various terms that are used throughout the Act. These definitions provide clarity on the interpretation of the Act and its provisions.

    Exemplar quote from bill: ...ection (3)(b) “inquiry” means an inquiry held, or to be held, under the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016 (asp 2). 237 Interpretation: general (1) In this Act— ...“adult” means a person aged 18 or over;... “audit notice” means a notice given under paragraph 4 of Schedule 12; “automated tool” includes bot; “capacity”: any reference to the capacity of a provider of a regulated service is to— (a) the fina...
    • ‼️ Digital Privacy

      (Variously affected)

    • ‼️ Tech Company Regulation

      (Variously affected)

    • ‼️ Encryption/Cryptography

      (Variously affected)

    • ⚫ Notable
    • Impact: 🔵🔵 Moderate
    • Type: insertion

    Application of Part 6 (fees) during the transitional period

    The bill proposes that the reference to the Act in sub-paragraph (2) does not include a reference to Part 6 (fees) during the transitional period. The application of Part 6 during this period is detailed in Part 3 of the Schedule.

    Exemplar quote from bill: ...78(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 preexisting 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 82 of this Act do not apply during the transitional period in relation to any ...
    • ‼️ Tech Company Regulation

      This provision provides clarity on the application of fees during the transitional period, which could have financial implications for tech companies.

    • ⚫ Notable
    • Impact: Unknown
    • Type: amendment

    Functions of the Content Board

    The bill amends Section 13 of the Communications Act, which outlines the functions of the Content Board. The exact nature of the amendments is not specified in the provided text.

    Exemplar quote from bill: ...search and reports 139 (5) The committee must publish a report within the period of 18 months after being established, and after that must publish periodic reports. 154 Functions of the Content Board ...(1) Section 13 of the Communications Act (functions of the Content Board) is amended as follows.... (2) At the beginning of subsection (2), insert “Subject to subsection (3A),”. (3) After subsection (3) insert— “(3A) OFCOM may, but need not, confer on the Content Board functions in relation to matt...
    • ‼️ Freedom of Information

      Depending on the nature of the amendments, this change could potentially affect the Content Board's role in overseeing the content of communications services, with implications for freedom of information.

That's everything!

Remember: This document is not guaranteed to reflect the content of the bill, and may be entirely inaccurate in its summaries. This is an experimental analysis. Read the bill itself on the official parliament bills website: https://bills.parliament.uk/bills/3137