What UK Online Safety Act 2023 Part 5 - Duties on Internet Services Publishing Pornographic Content requires
Part 5 of the UK Online Safety Act 2023 imposes a standalone regulatory regime on internet services that publish or display regulated provider pornographic content. Section 80 establishes scope: any in-scope service with a significant number of UK users or where UK users form one of the target markets must comply, regardless of whether the service is a user-to-user service or search service governed by Parts 3 and 4. Section 81 imposes the central duty - providers must ensure children are not normally able to encounter regulated provider pornographic content, using age verification or age estimation that is highly effective at correctly determining whether a particular user is a child, and must keep a written record of the kinds of age verification or estimation used and how. Section 82 requires OFCOM to publish guidance including examples of kinds and uses of age verification and age estimation that are highly effective; the guidance addresses ease of use and effectiveness for all users. Enforcement, civil penalties (up to GBP 18m or 10% of qualifying worldwide revenue), and service-restriction orders flow through Parts 7 and 10 of the Act.
Pillar: Adult Industry & Sexual Content Compliance · Authority: Office of Communications (Ofcom) · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2023/50/part/5
SHA-256 integrity: de0f6ddc47146b4a82ef571f8e75c5680b5a316ebb00704cb37a56426539bcb5
Primary Citations — 5 traced to source
- Online Safety Act 2023 Section 80 - This Part applies to providers of internet services that publish or display regulated provider pornographic content where the service has links with the United Kingdom meaning the service has a significant number of United Kingdom users or United Kingdom users form one of the target markets
- Online Safety Act 2023 Section 81 subsection (1) - The provider of an internet service to which this Part applies must operate the service using age verification or age estimation or both of such a kind that it is highly effective at correctly determining whether or not a particular user is a child and the use of which secures that children are not normally able to encounter regulated provider pornographic content
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