Change 1 Article Choose an article Title and introductory text 1 Introduction 2 Overview of Act 3 “User-to-user service” and “search service” 4 “Regulated service”, “Part 3 service” etc 5 Disapplication of Act to certain parts of services 6 Overview of Part 3 7 Providers of user-to-user services: duties of care 8 Scope of duties of care 9 Illegal content risk assessment duties 10 Safety duties about illegal content 11 Children’s risk assessment duties 12 Safety duties protecting children 13 Safety duties protecting children: interpretation 14 Assessment duties: user empowerment 15 User empowerment duties 16 User empowerment duties: interpretation 17 Duties to protect content of democratic importance 19 Duties to protect journalistic content 20 Duty about content reporting 20A Reporting of intimate image content 21 Duties about complaints procedures 22 Duties about freedom of expression and privacy 23 Record-keeping and review duties 24 Providers of search services: duties of care 25 Scope of duties of care 26 Illegal content risk assessment duties 27 Safety duties about illegal content 28 Children’s risk assessment duties 29 Safety duties protecting children 30 Safety duties protecting children: interpretation 31 Duty about content reporting 31A Reporting of intimate image content 32 Duties about complaints procedures 33 Duties about freedom of expression and privacy 34 Record-keeping and review duties 35 Children’s access assessments 36 Duties about children’s access assessments 37 Meaning of “likely to be accessed by children” 38 Duties about fraudulent advertising: Category 1 services 39 Duties about fraudulent advertising: Category 2A services 40 Fraud etc offences 41 Codes of practice about duties 42 Codes of practice: principles, objectives, content 43 Procedure for issuing codes of practice 44 Secretary of State’s powers of direction 45 Procedure for issuing codes of practice following direction under section 44 46 Publication of codes of practice 47 Review of codes of practice 48 Minor amendments of codes of practice 49 Relationship between duties and codes of practice 50 Effects of codes of practice 51 Duties and the first codes of practice 52 OFCOM’s guidance about certain duties in Part 3 53 OFCOM’s guidance: content that is harmful to children and user empowerment 54 OFCOM’s guidance about protecting women and girls 55 “Regulated user-generated content”, “user-generated content”, “news publisher content” 56 “Recognised news publisher” 57 “Search content”, “search results” etc 58 Restricting users’ access to content 59 “Illegal content” etc 60 “Content that is harmful to children” 61 “Primary priority content that is harmful to children” 62 “Priority content that is harmful to children” 63 Content harmful to children: OFCOM’s review and report 64 User identity verification 65 OFCOM’s guidance about user identity verification 66 Requirement to report CSEA content to the NCA 67 Regulations about reports to the NCA 68 NCA: information sharing 69 Offence in relation to CSEA reporting 70 Interpretation of this Chapter 71 Duty not to act against users except in accordance with terms of service 72 Further duties about terms of service 73 OFCOM’s guidance about duties set out in sections 71 and 72 74 Interpretation of this Chapter 76 OFCOM’s guidance about duties set out in section 75 77 Transparency reports about certain Part 3 services 78 OFCOM’s guidance about transparency reports 79 “Provider pornographic content” and “regulated provider pornographic content” 80 Scope of duties about regulated provider pornographic content 81 Duties about regulated provider pornographic content 82 OFCOM’s guidance about duties set out in section 81 83 Duty to notify OFCOM 84 Duty to pay fees 85 Regulations by OFCOM about qualifying worldwide revenue etc 86 Threshold figure 87 Secretary of State’s guidance about fees 88 OFCOM’s fees statements 89 Recovery of OFCOM’s initial costs 90 Meaning of “charging year” and “initial charging year” 91 General duties of OFCOM under section 3 of the Communications Act 92 Duties in relation to strategic priorities 93 Duty to carry out impact assessments 94 Meaning of threshold conditions etc 95 Register of categories of certain Part 3 services 96 Duty to maintain register 97 List of emerging Category 1 services 98 OFCOM’s register of risks, and risk profiles, of Part 3 services 99 OFCOM’s guidance about risk assessments 100 Power to require information 101 Information in connection with an investigation into the death of a child 102 Information notices 103 Requirement to name a senior manager 104 Reports by skilled persons 105 Investigations 106 Power to require interviews 107 Powers of entry, inspection and audit 108 Amendment of Criminal Justice and Police Act 2001 109 Offences in connection with information notices 110 Senior managers’ liability: information offences 111 Offences in connection with notices under Schedule 12 112 Other information offences 113 Penalties for information offences 114 Co-operation and disclosure of information: overseas regulators 115 Disclosure of information 116 Intelligence service information 117 Provision of information to the Secretary of State 118 Amendment of Enterprise Act 2002 119 Information for users of regulated services 120 Admissibility of statements 121 Notices to deal with terrorism content or CSEA content (or both) 122 Requirement to obtain skilled person’s report 123 Warning notices 124 Matters relevant to a decision to give a notice under section 121(1) 125 Notices under section 121(1): supplementary 126 Review and further notice under section 121(1) 127 OFCOM’s guidance about functions under this Chapter 128 OFCOM’s annual report 129 Interpretation of this Chapter 130 Provisional notice of contravention 131 Requirements enforceable by OFCOM against providers of regulated services 132 Confirmation decisions 133 Confirmation decisions: requirements to take steps 134 Confirmation decisions: risk assessments 135 Confirmation decisions: children’s access assessments 136 Confirmation decisions: proactive technology 137 Confirmation decisions: penalties 138 Confirmation decisions: offences 139 Penalty for failure to comply with confirmation decision 140 Penalty for failure to comply with notice under section 121(1) 141 Non-payment of fee 142 Information to be included in notices under sections 140 and 141 143 Amount of penalties etc 144 Service restriction orders 145 Interim service restriction orders 146 Access restriction orders 147 Interim access restriction orders 148 Interaction with other action by OFCOM 149 Publication by OFCOM of details of enforcement action 150 Publication by providers of details of enforcement action 151 OFCOM’s guidance about enforcement action 152 Advisory committee on disinformation and misinformation 153 Functions of the Content Board 154 Research about users’ experiences of regulated services 154A Information for research about online safety matters 155 Consumer consultation 156 OFCOM’s statement about freedom of expression and privacy 157 OFCOM’s reports about use of age assurance 158 OFCOM’s reports about news publisher content and journalistic content 159 OFCOM’s transparency reports 161 OFCOM’s report about use of app stores by children 162 OFCOM’s report about researchers’ access to information 163 OFCOM’s report in connection with investigation into a death 164 OFCOM’s reports 165 Media literacy 166 Media literacy strategy and media literacy statement 167 Appeals against OFCOM decisions relating to the register under section 95 168 Appeals against OFCOM notices 169 Power to make super-complaints 170 Procedure for super-complaints 171 OFCOM’s guidance about super-complaints 172 Statement of strategic priorities 173 Consultation and parliamentary procedure 174 Directions about advisory committees 175 Directions in special circumstances 176 Secretary of State’s guidance 177 Annual report on the Secretary of State’s functions 178 Review 179 False communications offence 180 Exemptions from offence under section 179 181 Threatening communications offence 182 Interpretation of sections 179 to 181 183 Offences of sending or showing flashing images electronically 184 Offence of encouraging or assisting serious self-harm 185 Extra-territorial application and jurisdiction 186 Liability of corporate officers 187 Sending etc photograph or film of genitals 188 Sharing or threatening to share intimate photograph or film 189 Repeals in connection with offences under sections 179 and 181 190 Repeals in connection with offences under section 188 191 Consequential amendments 192 Providers’ judgements about the status of content 193 OFCOM’s guidance about illegal content judgements 194 Time for publishing first guidance under certain provisions of this Act 195 Providers that are not legal persons 196 Individuals providing regulated services: liability 197 Liability of parent entities etc 198 Former providers of regulated services 199 Information offences: supplementary 200 Offence of failure to comply with confirmation decision: supplementary 201 Defences 202 Liability of corporate officers for offences 203 Application of offences to providers that are not legal persons 204 Extra-territorial application 205 Offences: extra-territorial application and jurisdiction 206 Payment of sums into the Consolidated Fund 207 Publication by OFCOM 208 Service of notices 209 Amendments of Part 4B of the Communications Act 210 Repeal of Part 4B of the Communications Act 211 Repeal of Part 4B of the Communications Act: transitional provision etc 212 Repeals: Digital Economy Act 2017 213 Offence under the Obscene Publications Act 1959: OFCOM defence 214 Offences regarding indecent photographs of children: OFCOM defence 214A Power to require providers of internet services to prevent or restrict access by children to internet services 215 Power to regulate app stores 216 Power to regulate app stores: supplementary 216A Power to amend Act in relation to illegal AI-generated content etc 217 Power to impose duty about alternative dispute resolution procedure 217A Power to impose duties about pornographic content 218 Power to amend section 40 219 Powers to amend sections 61 and 62 220 Powers to amend or repeal provisions relating to exempt content or services 221 Powers to amend Part 2 of Schedule 1 222 Powers to amend Schedules 5, 6 and 7 223 Power to make consequential provision 224 Regulations: general 225 Parliamentary procedure for regulations 226 “Provider” of internet service 227 “User”, “United Kingdom user” and “interested person” 228 “Internet service” 229 “Search engine” 230 “Age verification” and “age estimation” 231 “Proactive technology” 232 Content communicated “publicly” or “privately” 233 “Functionality” 234 “Harm” etc 235 “Online safety functions” and “online safety matters” 236 Interpretation: general 237 Index of defined terms 238 Financial provisions 239 Extent 240 Commencement and transitional provision 241 Short title SCHEDULE 1 Exempt user-to-user and search services SCHEDULE 3 Timing of providers’ assessments SCHEDULE 4 Codes of practice under section 41: principles, objectives, content SCHEDULE 5 Terrorism offences SCHEDULE 6 Child sexual exploitation and abuse offences SCHEDULE 7 Priority offences SCHEDULE 8 Transparency reports by providers of Category 1 services, Category 2A services and Category 2B services SCHEDULE 9 Certain internet services not subject to duties relating to regulated provider pornographic content SCHEDULE 10 Recovery of OFCOM’s initial costs SCHEDULE 11 Categories of regulated user-to-user services and regulated search services: regulations SCHEDULE 12 OFCOM’s powers of entry, inspection and audit SCHEDULE 13 Penalties imposed by OFCOM under Chapter 6 of Part 7 SCHEDULE 14 Amendments consequential on offences in Part 10 of this Act SCHEDULE 15 Liability of parent entities etc SCHEDULE 17 Video-sharing platform services: transitional provision etc
What to do with it
As published
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 determining a question arising in the proceedings if—
(a) the question relates to a time when the provision was in force, and
(b) the provision appears to the court or tribunal to be relevant to the question.
(4) OFCOM must take into account a provision of a code of practice in determining a question arising in connection with their exercise of any relevant function if—
(a) the question relates to a time when the provision was in force, and
(b) the provision appears to OFCOM to be relevant to the question.
(5) In this section—
“code of practice” means a code of practice published under section 46;
“relevant functions” means OFCOM’s functions under—
Chapter 4 of Part 7 (information),
Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content),
Chapter 6 of Part 7 (enforcement), and
Chapter 2 of Part 8 (super-complaints).
Your wording
Your change, as a redline
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 determining a question arising in the proceedings if—
(a) the question relates to a time when the provision was in force, and
(b) the provision appears to the court or tribunal to be relevant to the question.
(4) OFCOM must take into account a provision of a code of practice in determining a question arising in connection with their exercise of any relevant function if—
(a) the question relates to a time when the provision was in force, and
(b) the provision appears to OFCOM to be relevant to the question.
(5) In this section—
“code of practice” means a code of practice published under section 46;
“relevant functions” means OFCOM’s functions under—
Chapter 4 of Part 7 (information),
Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content),
Chapter 6 of Part 7 (enforcement), and
Chapter 2 of Part 8 (super-complaints).
A proposal here is not law. Support on Solon is evidence that people want the change; the official route says what it takes to make it law.