Section 110 Online pornography (age and consent verification): power to make regulationsI1

United Kingdom

(1)

The Secretary of State may by regulations make provision for or in connection with the imposition on providers of specified internet services of duties relating to—

(a)

verifying the age of individuals appearing in pornographic content published or displayed on those internet services (“age verification duties”);

(b)

verifying whether individuals appearing in pornographic content published or displayed on those internet services consent to the content being published or displayed (“consent verification duties”).

(2)

Age verification duties and consent verification duties may include duties relating to the systems and processes used to operate specified internet services.

(3)

Consent verification duties may include duties relating to cases where consent previously given is withdrawn.

(4)

The regulations may confer functions on—

(a)

a body established by the regulations, or

(b)

another body specified in the regulations,

(“the regulator”).

(5)

The regulations may make provision—

(a)

establishing or modifying the constitutional arrangements of the regulator;

(b)

establishing or modifying the funding arrangements of the regulator.

(6)

The functions which may be conferred on the regulator include—

(a)

powers to, by notice, require providers of specified internet services to provide information to the regulator;

(b)

powers, in relation to requirements imposed by or under the regulations, corresponding or similar to those conferred on OFCOM by or under Chapter 6 of Part 7 of the Online Safety Act 2023 in relation to enforceable requirements, including provisions conferring power to impose monetary penalties.

(7)

The provision which may be made under subsection (6)(a) includes provision corresponding or similar to that made in relation to requirements to provide information to OFCOM by—

(a)

section 109 of the Online Safety Act 2023 (offences in connection with information notices), and

(b)

section 113 of that Act so far as relating to section 109 (penalties for information offences).

(8)

If the regulations make provision under subsection (6)(b) corresponding or similar to provision in relation to which an appeal lies under section 168 of the Online Safety Act 2023, they must make corresponding or similar provision for an appeal.

(9)

The regulations may make provision for appeals against other decisions of the regulator.

(10)

The regulations may make provision requiring providers of specified internet services to pay fees to the regulator.

(11)

The provision which may be made under subsection (10) includes provision corresponding or similar to that made in relation to the payment of fees to OFCOM by or under Part 6 of the Online Safety Act 2023.

(12)

The regulations may make provision requiring the regulator to issue guidance to providers of specified internet services to assist them to comply with age verification duties and consent verification duties.

(13)

References in this section to an internet service include an internet service provided from outside the United Kingdom—

(a)

which has a significant number of United Kingdom users, or

(b)

one of the target markets of which (or the only target market of which) is United Kingdom users.

(14)

In this section the following terms have the same meaning as in the Online Safety Act 2023—

“internet service” (see section 228 of that Act);
“pornographic content” (see section 236 of that Act);
“provider”, in relation to an internet service of any kind (see section 226 of that Act);
“United Kingdom user” (see section 227 of that Act).

(15)

In this section “specified” means specified, or of a description specified, in the regulations.

Annotations

Commencement

I1: S. 110 in force at 29.6.2026, see s. 255(3)(c)