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Change 1
As published
98 OFCOM’s register of risks, and risk profiles, of Part 3 services
(1) OFCOM must carry out risk assessments to identify and assess the following risks of harm presented by Part 3 services of different kinds—
(a) the risks of harm to individuals in the United Kingdom presented by illegal content present on regulated user-to-user services and by the use of such services for the commission or facilitation of priority offences;
(b) the risk of harm to individuals in the United Kingdom presented by search content of regulated search services that is illegal content;
(c) the risk of harm to children in the United Kingdom, in different age groups, presented by content that is harmful to children.
(2) The risk assessments must, among other things, identify characteristics of different kinds of Part 3 services that are relevant to such risks of harm, and assess the impact of those kinds of characteristics on such risks.
(3) OFCOM—
(a) may combine assessment of any or all of the risks of harm mentioned in subsection (1), or may carry out separate assessments of those risks;
(b) in the case of the risk of harm mentioned in subsection (1)(c), may assess regulated user-to-user services and regulated search services separately or together.
(4) The findings of each risk assessment are to be reflected, as soon as reasonably practicable after completion, in a register of risks of Part 3 services prepared and published by OFCOM.
(5) As soon as reasonably practicable after completing their assessment of a risk of harm mentioned in a particular paragraph of subsection (1), OFCOM must prepare risk profiles for Part 3 services which relate to that risk of harm.
(6) For the purposes of the risk profiles, OFCOM may group Part 3 services together in whichever way they consider appropriate, taking into account—
(a) the characteristics of the services, and
(b) the risk levels and other matters identified in the relevant risk assessment.
(7) OFCOM must publish risk profiles prepared under this section.
(8) OFCOM must from time to time review and revise the risk assessments and risk profiles so as to keep them up to date.
(9) References in this section to Part 3 services—
(a) in the case of a risk assessment or risk profiles which relate only to regulated user-to-user services or to regulated search services, are to be read as references to the kind of service in question;
(b) in the case of a risk assessment or risk profiles which relate only to the risk of harm mentioned in subsection (1)(a), are to be read as references to regulated user-to-user services;
(c) in the case of a risk assessment or risk profiles which relate only to the risk of harm mentioned in subsection (1)(b), are to be read as references to regulated search services.
(10) References in this section to regulated search services include references to the search engine of combined services.
(11) In this section the “characteristics” of a service include its functionalities, user base, business model, governance and other systems and processes.
(12) In this section—
“content that is harmful to children” has the same meaning as in Part 3 (see section 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).
Your change, as a redline
98 OFCOM’s register of risks, and risk profiles, of Part 3 services
(1) OFCOM must carry out risk assessments to identify and assess the following risks of harm presented by Part 3 services of different kinds—
(a) the risks of harm to individuals in the United Kingdom presented by illegal content present on regulated user-to-user services and by the use of such services for the commission or facilitation of priority offences;
(b) the risk of harm to individuals in the United Kingdom presented by search content of regulated search services that is illegal content;
(c) the risk of harm to children in the United Kingdom, in different age groups, presented by content that is harmful to children.
(2) The risk assessments must, among other things, identify characteristics of different kinds of Part 3 services that are relevant to such risks of harm, and assess the impact of those kinds of characteristics on such risks.
(3) OFCOM—
(a) may combine assessment of any or all of the risks of harm mentioned in subsection (1), or may carry out separate assessments of those risks;
(b) in the case of the risk of harm mentioned in subsection (1)(c), may assess regulated user-to-user services and regulated search services separately or together.
(4) The findings of each risk assessment are to be reflected, as soon as reasonably practicable after completion, in a register of risks of Part 3 services prepared and published by OFCOM.
(5) As soon as reasonably practicable after completing their assessment of a risk of harm mentioned in a particular paragraph of subsection (1), OFCOM must prepare risk profiles for Part 3 services which relate to that risk of harm.
(6) For the purposes of the risk profiles, OFCOM may group Part 3 services together in whichever way they consider appropriate, taking into account—
(a) the characteristics of the services, and
(b) the risk levels and other matters identified in the relevant risk assessment.
(7) OFCOM must publish risk profiles prepared under this section.
(8) OFCOM must from time to time review and revise the risk assessments and risk profiles so as to keep them up to date.
(9) References in this section to Part 3 services—
(a) in the case of a risk assessment or risk profiles which relate only to regulated user-to-user services or to regulated search services, are to be read as references to the kind of service in question;
(b) in the case of a risk assessment or risk profiles which relate only to the risk of harm mentioned in subsection (1)(a), are to be read as references to regulated user-to-user services;
(c) in the case of a risk assessment or risk profiles which relate only to the risk of harm mentioned in subsection (1)(b), are to be read as references to regulated search services.
(10) References in this section to regulated search services include references to the search engine of combined services.
(11) In this section the “characteristics” of a service include its functionalities, user base, business model, governance and other systems and processes.
(12) In this section—
“content that is harmful to children” has the same meaning as in Part 3 (see section 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).
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