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Make provision about the promotion of online safety; to require internet |
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service providers and mobile phone operators to provide a service that |
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excludes pornographic images; and to require electronic device manufacturers |
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to provide a means of filtering content. |
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Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and |
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consent of the Lords Spiritual and Temporal, and Commons, in this present |
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Parliament assembled, and by the authority of the same, as follows:— |
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1 | Duty to provide a service that excludes pornographic images |
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(1) | Internet service providers must provide to subscribers an internet access |
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service which excludes pornographic images unless all the conditions of |
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subsection (3) have been fulfilled. |
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(2) | Where mobile telephone network operators provide a telephone service to |
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subscribers which includes an internet access service, they must ensure this |
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service excludes pornographic images unless all the conditions of subsection |
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(a) | the subscriber opts-in to subscribe to a service that includes |
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(b) | the subscriber is aged 18 or over; and |
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(c) | the provider of the service has an age verification policy which has been |
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used to confirm that the subscriber is aged 18 or over. |
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“opts-in” means a subscriber notifies the service provider of his or her |
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consent to subscribe to a service that includes pornographic images. |
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2 | Duty to provide a means of filtering online content |
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Manufacturers of electronic devices must provide customers with a means of |
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filtering content from an internet access service at the time the device is |
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3 | Duty to provide information about online safety |
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Internet service providers and mobile telephone network operators must |
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provide prominent, easily accessible and clear information about online safety |
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to customers at the time the internet service is purchased and shall make such |
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information available for the duration of the service. |
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OFCOM must prepare a report for the Secretary of State about the operation of |
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(a) | every three years from the date of Royal Assent; and |
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(b) | at the direction of the Secretary of State. |
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“age verification policy” is a policy which sets out the steps to be taken to |
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establish the age of the subscriber; |
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“electronic device” means a device that is capable of connecting to an |
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internet access service and downloading content; |
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“image” and “pornographic” have the same meaning as in section 63 of |
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the Criminal Justice and Immigration Act 2008; |
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“internet access service” and “internet service provider” have the same |
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meaning as in section 124N of the Communications Act 2003; |
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“OFCOM” has the same meaning as in Chapter 1 of Part 1 of the |
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“online safety” means the safe and responsible use of the internet by |
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children and young people on an electronic device; |
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“subscriber” means a person who receives the service under an agreement |
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between the person and the provider of the service; and |
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“telephone service” means a service providing calls (including voice, |
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voicemail and conference and data calls), supplementary services |
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(including call forwarding and call transfer) and messaging and |
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multimedia services (including short message services, enhanced |
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media services and multimedia services). |
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6 | Short title, commencement and extent |
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(1) | This Act may be cited as the Online Safety Act 2012. |
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(2) | This Act shall come into force six months after it has received Royal Assent. |
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(3) | This Act extends to England and Wales, Scotland and Northern Ireland. |
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To Make provision about the promotion of online safety; to require internet |
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service providers and mobile phone operators to provide a service that |
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excludes pornographic images; and to require electronic device manufacturers |
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to provide a means of filtering content. |
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| | | | | | | | | | | | | | | | | | | | | | | | | | | Ordered to be Printed, 10th May 2012 |
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© Parliamentary copyright House of Lords 2012
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This publication may be reproduced under the terms of the Parliamentary Click-Use Licence, available online |
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through The National Archives website at www.nationalarchives.gov.uk/information-management/our-services/ |
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parliamentary-licence-information.htm
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Enquiries to The National Archives, Kew, Richmond, Surrey, TW9 4DU;
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email: psi@nationalarchives.gsi.gov.uk
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