Section 201Defences

(1) Subsection (2) applies where a person relies on a defence under section 109 or 110.

(2) If evidence is adduced which is sufficient to raise an issue with respect to the defence, the court must assume that the defence is satisfied unless the prosecution proves beyond reasonable doubt that it is not.

Pending amendment (not yet in force)

legislation.gov.uk records the following amendment(s) to this Section that had not been brought into force on 19 September 2026 and are therefore not reflected in the text above:

s. 201: coming into force by S.I. 2025/371, reg. 2(1)(g), (2) (in respect of s. 69 and only so far as it relates to regulated user-to-user services)

Annotations

Commencement Information

I1 S. 201 not in force at Royal Assent, see s. 240(1)
I2 S. 201 in force at 10.1.2024 for specified purposes by S.I. 2023/1420, reg. 2(z25)
I3 S. 201 in force at 7.4.2026 for specified purposes by S.I. 2026/262, reg. 2(1)(g)(2)

https://osa.digiphile.law/article/article-201.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.