Part 11Supplementary and general

Providers' judgements about the status of content

• Section 192Providers’ judgements about the status of content

  (1) This section sets out the approach to be taken where— (a) a system or process operated or used by a provider of a Part 3 service for…

• Section 193OFCOM’s guidance about illegal content judgements

  (1) OFCOM must produce guidance for providers of Part 3 services about the matters dealt with in section 192 so far as relating to illegal content judgements. (2)…

Time-limits for first guidance

• Section 194Time for publishing first guidance under certain provisions of this Act

  (1) OFCOM must publish guidance to which this section applies within the period of 18 months beginning with the day on which this Act is passed. (2) This…

Liability of providers etc

• Section 195Providers that are not legal persons

  (1) In this section a “relevant entity” means an entity that— (a) is the provider of a regulated service, and (b) is not a legal person under the…

• Section 196Individuals providing regulated services: liability

  (1) This section applies in relation to two or more individuals who together are the provider of a regulated service (see section 226(3) , (5) , (7) ,…

• Section 197Liability of parent entities etc

  Schedule 15 contains provision about— (a) the giving of joint provisional notices of contravention to parent entities etc, (b) the liability of parent entities for failures by subsidiary…

• Section 198Former providers of regulated services

  (1) A power conferred by Chapter 6 of Part 7 (enforcement powers) to give a notice to a provider of a regulated service is to be read as…

Offences

• Section 199Information offences: supplementary

  (1) Proceedings against a person for an offence under section 109(1) or paragraph 18(1)(b) of Schedule 12 may be brought only if— (a) OFCOM have given the person…

• Section 200Offence of failure to comply with confirmation decision: supplementary

  (1) Where a penalty has been imposed on a person by a penalty notice under section 139 in respect of a failure constituting an offence under section 138…

• 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…

• Section 202Liability of corporate officers for offences

  (1) In this section a “relevant entity” means an entity that is— (a) the provider of a regulated service, and (b) a legal person under the law under…

• Section 203Application of offences to providers that are not legal persons

  (1) In this section a “relevant entity” means an entity that— (a) is the provider of a regulated service, and (b) is not a legal person under the…

Extra-territorial application

• Section 204Extra-territorial application

  (1) References in this Act to an internet service, a user-to-user service or a search service include such a service provided from outside the United Kingdom (as well…

• 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…

Payment of sums into Consolidated Fund

• Section 206Payment of sums into the Consolidated Fund

  (1) Section 400 of the Communications Act (destination of penalties etc) is amended as follows. (2) In subsection (1) , after paragraph (i) insert— “(j) an amount paid…

Publication by OFCOM

• Section 207Publication by OFCOM

  Anything required by this Act to be published by OFCOM must be published in such manner as OFCOM consider appropriate for bringing it to the attention of the…

Service of notices

• Section 208Service of notices

  (1) This section applies in relation to a notice that may or must be given by OFCOM to a person under any provision of this Act. (2) OFCOM…

Repeals and amendments

• Section 209Amendments of Part 4B of the Communications Act

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• Section 210Repeal of Part 4B of the Communications Act

  (1) In the Communications Act , omit Part 4B (video-sharing platform services). (2) In the Audiovisual Media Services Regulations 2020 ( S.I. 2020/1062 ), omit Part 4 (which…

• Section 211Repeal of Part 4B of the Communications Act: transitional provision etc

  (1) Schedule 17 contains transitional, transitory and saving provision— (a) about the application of this Act and Part 4B of the Communications Act during a period before the…

• Section 212Repeals: Digital Economy Act 2017

  (1) The Digital Economy Act 2017 is amended as follows. (2) Omit— (a) Part 3 (online pornography), and (b) section 119(10) and (11) (power to extend that Part…

• Section 213Offence under the Obscene Publications Act 1959: OFCOM defence

  (1) Section 2 of the Obscene Publications Act 1959 (prohibition of publication of obscene matter) is amended in accordance with subsections (2) and (3). (2) After subsection (5)…

• Section 214Offences regarding indecent photographs of children: OFCOM defence

  England and Wales (1) Section 1B of the Protection of Children Act 1978 (defence to offence relating to indecent photographs of children) is amended in accordance with subsections…

Power to require providers of internet services to prevent or restrict access by children to internet services

• Section 214APower to require providers of internet services to prevent or restrict access by children to internet services

  (1) The Secretary of State may, for the purpose of protecting relevant children from a risk of harm (including harm presented by content), make provision by regulations requiring…

Power to amend Act to regulate app stores

• Section 215Power to regulate app stores

  (1) Subject to the following provisions of this section and section 216 , the Secretary of State may by regulations amend any provision of this Act to make…

• Section 216Power to regulate app stores: supplementary

  (1) In this section (except in subsection (4) (c)) “regulations” means regulations under section 215(1) . (2) Provision may be made by regulations only for or in connection…

Power to amend Act: illegal AI-generated content etc

• Section 216APower to amend Act in relation to illegal AI-generated content etc

  (1) Subject to subsection (14) (b), the Secretary of State may by regulations amend any provision of this Act for or in connection with the purposes of minimising…

Power to amend Act: alternative dispute resolution

• Section 217Power to impose duty about alternative dispute resolution procedure

  (1) The Secretary of State may by regulations amend this Act for or in connection with the imposition on providers of Category 1 services of an ADR duty.…

Power to amend Act: pornographic content

• Section 217APower to impose duties about pornographic content

  (1) The Secretary of State may by regulations amend this Act for or in connection with the imposition, on providers of regulated services or regulated services of a…

Other powers to amend Act

• Section 218Power to amend section 40

  (1) The Secretary of State may by regulations amend section 40 (fraud etc offences). But the power to add an offence to that section is limited by subsections…

• Section 219Powers to amend sections 61 and 62

  (1) The Secretary of State may by regulations amend— (a) section 61 (primary priority content that is harmful to children); (b) section 62 (priority content that is harmful…

• Section 220Powers to amend or repeal provisions relating to exempt content or services

  (1) The Secretary of State may by regulations— (a) amend section 55(5) , or (b) repeal section 55(2) (d) and (5) , and make a consequential amendment of…

• Section 221Powers to amend Part 2 of Schedule 1

  England (1) The Secretary of State may by regulations amend the part of the list in Part 2 of Schedule 1 which relates to England— (a) if there…

• Section 222Powers to amend Schedules 5, 6 and 7

  (1) The Secretary of State may by regulations amend— (a) Schedule 5 (terrorism offences); (b) Part 1 of Schedule 6 (child sexual exploitation and abuse offences). (2) The…

Regulations

• Section 223Power to make consequential provision

  (1) The Secretary of State may by regulations make provision that is consequential on this Act or regulations under this Act. (2) The regulations may— (a) amend or…

• Section 224Regulations: general

  (1) Regulations under this Act may make different provision for different purposes and may, in particular— (a) make different provision with regard to— (i) user-to-user services, (ii) search…

• Section 225Parliamentary procedure for regulations

  (1) A statutory instrument containing (whether alone or with other provision)— (a) regulations under section 77(12) , (b) regulations under section 85(1) , (c) regulations under section 114(2)…