Part 3Providers of regulated user-to-user services and regulated search services: duties of care
Chapter 1 – Introduction
- Section 6Overview of Part 3
(1) This Part imposes duties of care on providers of regulated user-to-user services and regulated search services and requires OFCOM to issue codes of practice relating to some…
Chapter 2 – Providers of user-to-user services: duties of care
- Section 7Providers of user-to-user services: duties of care
(1) Subsections (2) to (6) apply to determine which of the duties set out in this Chapter (and, in the case of combined services, Chapter 3 ) must…
- Section 8Scope of duties of care
(1) A duty set out in this Chapter which must be complied with in relation to a user-to-user service that includes regulated provider pornographic content does not extend…
- Section 9Illegal content risk assessment duties
(1) This section sets out the duties about risk assessments which apply in relation to all regulated user-to-user services. (2) A duty to carry out a suitable and…
- Section 10Safety duties about illegal content
(1) This section sets out the duties about illegal content which apply in relation to regulated user-to-user services (as indicated by the headings). All services (2) A duty,…
- Section 11Children’s risk assessment duties
(1) This section sets out the duties about risk assessments which apply in relation to regulated user-to-user services that are likely to be accessed by children (in addition…
- Section 12Safety duties protecting children
(1) This section sets out the duties to protect children’s online safety which apply in relation to regulated user-to-user services that are likely to be accessed by children…
- Section 13Safety duties protecting children: interpretation
(1) In determining what is proportionate for the purposes of section 12 , the following factors, in particular, are relevant— (a) all the findings of the most recent…
- Section 14Assessment duties: user empowerment
(1) This section sets out the duties about assessments related to adult user empowerment which apply in relation to Category 1 services (in addition to the duties about…
- Section 15User empowerment duties
(1) This section sets out the duties to empower adult users which apply in relation to Category 1 services. (2) A duty to include in a service, to…
- Section 16User empowerment duties: interpretation
(1) In determining what is proportionate for the purposes of section 15(2) , the following factors, in particular, are relevant— (a) all the findings of the most recent…
- Section 17Duties to protect content of democratic importance
(1) This section sets out the duties to protect content of democratic importance which apply in relation to Category 1 services. (2) A duty to operate a service…
- Section 18Duties to protect news publisher content
(1) This section sets out the duties to protect news publisher content which apply in relation to Category 1 services. (2) Subject to subsections (4) , (5) and…
- Section 19Duties to protect journalistic content
(1) This section sets out the duties to protect journalistic content which apply in relation to Category 1 services. The duties (2) A duty to operate a service…
- Section 20Duty about content reporting
(1) This section sets out the duty about content reporting which applies in relation to all regulated user-to-user services. (2) A duty to operate a service using systems…
- Section 20AReporting of intimate image content
(1) The duty in section 20(2) includes a duty to operate a service using systems and processes that allow users and affected persons to easily make an intimate…
- Section 21Duties about complaints procedures
(1) This section sets out the duties about complaints procedures which apply in relation to all regulated user-to-user services. (2) A duty to operate a complaints procedure in…
- Section 22Duties about freedom of expression and privacy
(1) This section sets out the duties about freedom of expression and privacy which apply in relation to regulated user-to-user services (as indicated by the headings). All services…
- Section 23Record-keeping and review duties
(1) This section sets out the record-keeping and review duties which apply in relation to regulated user-to-user services (as indicated by the headings). All services (2) A duty…
Chapter 3 – Providers of search services: duties of care
- Section 24Providers of search services: duties of care
(1) Subsections (2) to (4) apply to determine which of the duties set out in this Chapter must be complied with by providers of regulated search services. (2)…
- Section 25Scope of duties of care
(1) A duty set out in this Chapter which must be complied with in relation to a search service extends only to— (a) the search content of the…
- Section 26Illegal content risk assessment duties
(1) This section sets out the duties about risk assessments which apply in relation to all regulated search services. (2) A duty to carry out a suitable and…
- Section 27Safety duties about illegal content
(1) This section sets out the duties about illegal content which apply in relation to regulated search services (as indicated by the headings). All services (2) A duty,…
- Section 28Children’s risk assessment duties
(1) This section sets out the duties about risk assessments which apply in relation to regulated search services that are likely to be accessed by children (in addition…
- Section 29Safety duties protecting children
(1) This section sets out the duties to protect children’s online safety which apply in relation to regulated search services that are likely to be accessed by children…
- Section 30Safety duties protecting children: interpretation
(1) In determining what is proportionate for the purposes of section 29 , the following factors, in particular, are relevant— (a) all the findings of the most recent…
- Section 31Duty about content reporting
(1) This section sets out the duty about content reporting which applies in relation to all regulated search services. (2) A duty to operate a service using systems…
- Section 31AReporting of intimate image content
(1) The duty in section 31(2) includes a duty to operate a service using systems and processes that allow users and affected persons to easily make an intimate…
- Section 32Duties about complaints procedures
(1) This section sets out the duties about complaints procedures which apply in relation to all regulated search services. (2) A duty to operate a complaints procedure in…
- Section 33Duties about freedom of expression and privacy
(1) This section sets out the duties about freedom of expression and privacy which apply in relation to all regulated search services. (2) When deciding on, and implementing,…
- Section 34Record-keeping and review duties
(1) This section sets out the record-keeping and review duties which apply in relation to regulated search services (as indicated by the headings). All services (2) A duty…
Chapter 4 – Children's access assessments
- Section 35Children’s access assessments
(1) In this Part, a “children’s access assessment” means an assessment of a Part 3 service — (a) to determine whether it is possible for children to access…
- Section 36Duties about children’s access assessments
(1) A provider of a Part 3 service must carry out the first children’s access assessment at a time set out in, or as provided by, Schedule 3…
- Section 37Meaning of “likely to be accessed by children”
(1) For the purposes of this Part, a Part 3 service is to be treated as “likely to be accessed by children” in the following three cases (with…
Chapter 5 – Duties about fraudulent advertising
- Section 38Duties about fraudulent advertising: Category 1 services
(1) A provider of a Category 1 service must operate the service using proportionate systems and processes designed to— (a) prevent individuals from encountering content consisting of fraudulent…
- Section 39Duties about fraudulent advertising: Category 2A services
(1) A provider of a Category 2A service must operate the service using proportionate systems and processes designed to— (a) prevent individuals from encountering content consisting of fraudulent…
- Section 40Fraud etc offences
(1) This section specifies offences for the purposes of this Chapter (see sections 38(3) (b) and 39(3) (b)). (2) An offence under any of the following provisions of…
Chapter 6 – Codes of practice and guidance
- Section 41Codes of practice about duties
(1) OFCOM must prepare and issue a code of practice for providers of Part 3 services describing measures recommended for the purpose of compliance with duties set out…
- Section 42Codes of practice: principles, objectives, content
Schedule 4 contains— (a) provision about the principles OFCOM must consider when preparing codes of practice under section 41 , (b) the online safety objectives (and a power…
- Section 43Procedure for issuing codes of practice
(1) Where OFCOM have prepared a draft of a code of practice under section 41 , they must submit the draft to the Secretary of State. (2) Unless…
- Section 44Secretary of State’s powers of direction
(1) The Secretary of State may direct OFCOM to modify a draft of a code of practice submitted under section 43(1) if the Secretary of State believes that…
- Section 45Procedure for issuing codes of practice following direction under section 44
(1) This section sets out the procedure that applies where a draft of a code of practice is laid before Parliament under section 44(12) . (2) If the…
- Section 46Publication of codes of practice
(1) OFCOM must publish each code of practice issued under section 43 or 45 within the period of three days beginning with the day on which it is…
- Section 47Review of codes of practice
(1) OFCOM must keep under review each code of practice published under section 46 . (2) The Secretary of State may require OFCOM to review a terrorism or…
- Section 48Minor amendments of codes of practice
(1) This section applies if— (a) OFCOM propose to amend a code of practice under section 41 , and (b) OFCOM consider that the minor nature of the…
- Section 49Relationship between duties and codes of practice
Duties set out in Chapters 2 and 3 (1) A provider of a Part 3 service is to be treated as complying with a relevant duty if the…
- Section 50Effects of codes of practice
(1) A failure by a provider of a Part 3 service to act in accordance with a provision of a code of practice does not of itself make…
- Section 51Duties and the first codes of practice
(1) A duty mentioned in subsection (3) applies to providers of Part 3 services from the day on which a code of practice prepared under section 41(3) that…
- Section 52OFCOM’s guidance about certain duties in Part 3
(1) OFCOM must produce guidance for providers of Category 1 services to assist them in complying with their duties set out in section 14 (assessments related to the…
- Section 53OFCOM’s guidance: content that is harmful to children and user empowerment
(1) OFCOM must produce guidance for providers of Part 3 services which contains examples of content or kinds of content that OFCOM consider to be, or consider not…
- Section 54OFCOM’s guidance about protecting women and girls
(1) OFCOM must produce guidance for providers of Part 3 services which focuses on content and activity— (a) in relation to which such providers have duties set out…
Chapter 7 – Interpretation of Part 3
- Section 55“Regulated user-generated content”, “user-generated content”, “news publisher content”
(1) This section applies for the purposes of this Part. (2) “Regulated user-generated content”, in relation to a regulated user-to-user service, means user-generated content, except— (a) emails, (b)…
- Section 56“Recognised news publisher”
(1) In this Part, “recognised news publisher” means any of the following entities— (a) the British Broadcasting Corporation, (b) Sianel Pedwar Cymru, (c) the holder of a licence…
- Section 57“Search content”, “search results” etc
(1) This section applies for the purposes of this Part. (2) “Search content” means content that may be encountered in or via search results of a search service,…
- Section 58Restricting users’ access to content
(1) This section applies for the purposes of this Part. (2) References to restricting users’ access to content, and related references, include any case where a provider takes…
- Section 59“Illegal content” etc
(1) This section applies for the purposes of this Part. (2) “Illegal content” means content that amounts to a relevant offence. (3) Content consisting of certain words, images,…
- Section 60“Content that is harmful to children”
(1) This section and sections 61 and 62 apply for the purposes of this Part. (2) “Content that is harmful to children” means— (a) primary priority content that…
- Section 61“Primary priority content that is harmful to children”
(1) “Primary priority content that is harmful to children” means content of any of the following kinds. (2) Pornographic content, other than content within subsection (6) . (3)…
- Section 62“Priority content that is harmful to children”
(1) “Priority content that is harmful to children” means content of any of the following kinds. (2) Content which is abusive and which targets any of the following…
- Section 63Content harmful to children: OFCOM’s review and report
(1) OFCOM must carry out reviews of— (a) the incidence on regulated user-to-user services of content that is harmful to children, (b) the incidence on regulated search services…
https://osa.digiphile.law/part/part-3.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.