Online Safety Act 2023 (c. 50) – Section 205 – Offences: extra-territorial application and jurisdiction

Sections

Section 205Offences: extra-territorial application and jurisdiction

(1) Sections 69, 109 and 112 apply to acts done by a person in the United Kingdom or elsewhere (information offences).

(2) Section 110 applies to acts done by an individual in the United Kingdom or elsewhere (offences by senior managers of providers of regulated services).

(3) Section 138 applies to acts done by a person in the United Kingdom or elsewhere (offence of failure to comply with confirmation decision).

(4) Sections 202(2) and 203(5), so far as relating to an offence under a section specified in subsection (1) or (3) of this section, apply to acts done by an individual in the United Kingdom or elsewhere (liability of directors etc of providers of regulated services).

(5) In the case of an offence under section 69, 109, 110, 112 or 138 which is committed outside the United Kingdom—

(a)
proceedings for the offence may be taken at any place in the United Kingdom, and
(b)
the offence may for all incidental purposes be treated as having been committed at any such place.

(6) In the application of subsection (5) to Scotland, any such proceedings against a person may be taken—

(a)
in any sheriff court district in which the person is apprehended or is in custody, or
(b)
in such sheriff court district as the Lord Advocate may determine.

(7) In this section—

“act” includes a failure to act;
“sheriff court district” is to be construed in accordance with the Criminal Procedure (Scotland) Act 1995 (see section 307(1) of that Act).

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. 205: 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. 205 not in force at Royal Assent, see s. 240(1)
I2 S. 205 in force at 10.1.2024 for specified purposes by S.I. 2023/1420, reg. 2(z25)
I3 S. 205 in force at 7.4.2026 for specified purposes by S.I. 2026/262, reg. 2(1)(i)(2)

https://osa.digiphile.law/article/article-205.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.