Section 100 Taking down intimate image contentI1I2

The Online Safety Act 2023 is amended as follows.

In section 10 (regulated user-to-user services: safety duties about illegal content) after subsection (3) insert—

“(3A)

A duty to operate a service using proportionate systems and processes designed to take down—

(a)

content in relation to which an intimate image content report is made to the provider (see section 20A(2)), and

(b)

any other content identified by the provider as the same, or substantially the same, as that content,

as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3B) applies).

(3B)

This subsection applies if the provider considers that—

(a)

the content is not intimate image content, or

(b)

the person making the report is not—

(i)

the subject of the content, or

(ii)

a person acting on that person’s behalf.”

After section 20 (duty about content reporting) insert—

“Reporting of intimate image content

20A

(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 image content report to the provider.

(2)

An “intimate image content report” is a report which—

(a)

declares that content present on the service is intimate image content,

(b)

declares that the report is made by—

(i)

the subject of the content, or

(ii)

a person acting on that person’s behalf,

(c)

declares that the report—

(i)

is made in good faith, and

(ii)

to the best of the knowledge and belief of the person making the report, is true,

(d)

provides sufficient information about the content for the provider to identify it,

(e)

provides contact details for the person making the report, and

(f)

complies with any other requirements specified in regulations made by the Secretary of State.

(3)

The Secretary of State may by regulations make provision about how the requirements in subsection (2)(a) to (e) are to be met.”

In section 21 (duties about complaints procedures) after subsection (2) insert—

“(2A)

The duty in subsection (2) includes a duty to operate an expedited complaints procedure in relation to complaints within subsection (4)(a), (b)(i) or (b)(ii) that—

(a)

are made by users or affected persons who have made an intimate image content report (see section 20A(2)), and

(b)

are about the content to which the report relates.”

In section 27 (regulated search services: safety duties about illegal content) after subsection (3) insert—

“(3A)

A duty to operate a service using proportionate systems and processes designed to ensure that individuals are no longer able to encounter—

(a)

search content in relation to which an intimate image content report is made to the provider (see section 31A(2)), and

(b)

any other search content identified by the provider as the same, or substantially the same, as that content,

as soon as reasonably practicable, and no later than 48 hours, after the provider receives the report (unless subsection (3B) applies).

(3B)

This subsection applies if the provider considers that—

(a)

the search content is not intimate image content, or

(b)

the person making the report is not—

(i)

the subject of the content, or

(ii)

a person acting on that person’s behalf.”

After section 31 (duty about content reporting) insert—

“Reporting of intimate image content

31A

(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 image content report to the provider.

(2)

An “intimate image content report” is a report which—

(a)

declares that search content is intimate image content,

(b)

declares that the report is made by—

(i)

the subject of the content, or

(ii)

a person acting on that person’s behalf,

(c)

declares that the report—

(i)

is made in good faith, and

(ii)

to the best of the knowledge and belief of the person making the report, is true,

(d)

provides sufficient information about the search content for the provider to identify it,

(e)

provides contact details for the person making the report, and

(f)

complies with any other requirements specified in regulations made by the Secretary of State.

(3)

The Secretary of State may by regulations make provision about how the requirements in subsection (2)(a) to (e) are to be met.”

In section 32 (duties about complaints procedures) after subsection (2) insert—

“(2A)

The duty in subsection (2) includes a duty to operate an expedited complaints procedure in relation to complaints within subsection (4)(a), (b)(i) or (b)(ii) that—

(a)

are made by users or affected persons who have made an intimate image content report (see section 31A(2)), and

(b)

are about the search content to which the report relates.”

In section 59 (meaning of “illegal content” etc) after subsection (10) insert—

“(10A)

“Intimate image content” means content that amounts to an offence under section 66B(1), (2) or (3) of the Sexual Offences Act 2003 (sharing intimate image of a person without consent).”

In section 133 (confirmation decisions: requirements to take steps)—

In section 138 (offence of failing to comply with requirements imposed by confirmation decision) after subsection (3) insert—

“(3A)

A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with an intimate image content requirement imposed by the decision (see section 133(7A) and (7B)).”