What UK Online Safety Act 2023 Section 81 - Duties about Regulated Provider Pornographic Content (Part 5 Services, Highly Effective Age Verification or Age Estimation, Written Records, Public Statement, 17 January 2025 Commencement) requires
Section 81 of the Online Safety Act 2023 (c. 50) sets out the substantive duties about regulated provider pornographic content for internet services within section 80(2) (Part 5 services - providers of internet services that publish regulated provider pornographic content). Under section 81(1), the duties apply to providers of internet services within section 80(2). Under section 81(2), the provider must use age verification or age estimation (or both) to ensure that children are not normally able to encounter regulated provider pornographic content. Under section 81(3), the age verification or age estimation must be highly effective at correctly determining whether or not a particular user is a child - the operative legal standard is 'highly effective' as further elaborated by the Ofcom Highly Effective Age Assurance Guidance 2025. Under section 81(4), the provider must keep written records of the kinds of age verification or age estimation used and how they are implemented, and must have regard to matters concerning privacy that are relevant to the use or operation of a regulated service. Under section 81(5), the provider must publish a publicly available statement summarising compliance, including which kinds of age verification or age estimation are being used and how they are used. Section 81 came into force on 17 January 2025 (the same commencement as the Ofcom HEAA Guidance Part 5 compliance deadline). Sections 80-83 form the Part 5 regime that operates independently of (and in parallel with) the Part 3 regulated services regime. Enforcement is by Ofcom under sections 130, 96, 143 and Schedule 13 with civil penalties up to GBP 18 million or 10% qualifying worldwide revenue; section 192 criminal liability for failure to comply with information notices applies; section 238 senior manager criminal liability applies.
Pillar: Adult Industry & Sexual Content Compliance · Authority: Parliament of the United Kingdom · Version: 1.0.0 · Last updated:
Primary source: https://www.legislation.gov.uk/ukpga/2023/50/section/81
SHA-256 integrity: 74dceda1fd1904b0e67efca448a276063dc128044bd26f462a6d2db3f47ef032
Primary Citations — 8 traced to source
- Online Safety Act 2023 (c. 50) section 81 (Duties about regulated provider pornographic content): subsection (1) - 'This section sets out the duties about regulated provider pornographic content which apply in relation to internet services within section 80(2).' Published at legislation.gov.uk/ukpga/2023/50/section/81.
- Online Safety Act 2023 section 81(2): 'A provider of an internet service to which this section applies must use age verification or age estimation (or both) to ensure that children are not normally able to encounter regulated provider pornographic content on the service.'
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