Online Safety Act 2023 (c. 50) – Section 113 – Penalties for information offences

Sections

Section 113Penalties for information offences

(1) A person who commits an offence under section 109(1), 110(2) or 111(1) is liable—

(a)
on summary 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 109(3), [^F1(4), (5) or (6A)], 110(4), [^F2(5), (6) or (6A)], 111(2) or (3) or 112(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 112(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 level 5 on the standard scale;
(c)
on summary conviction in Northern Ireland, to a fine not exceeding level 5 on the standard scale.

Amended text

This Section is shown as amended by Data (Use and Access) Act 2025 (see the annotations below), as incorporated in the text in force on 19 September 2026 as published on legislation.gov.uk.

Annotations

Textual Amendments

F1 Words in s. 113(2) substituted (30.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 124(7)(a), 142(1); S.I. 2025/982, reg. 2
F2 Words in s. 113(2) substituted (30.9.2025) by Data (Use and Access) Act 2025 (c. 18), ss. 124(7)(b), 142(1); S.I. 2025/982, reg. 2

Commencement Information

I1 S. 113 not in force at Royal Assent, see s. 240(1)
I2 S. 113 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z11)

https://osa.digiphile.law/article/article-113.html

Text as at 19 September 2026.

This is an unofficial convenience version of the Online Safety Act 2023. It is presented “as is” without guarantee of accuracy, completeness or reliability. See the source text for the official version. This site was last updated in September 2026.