OpenLegislation

Section 77 Online facilitation of child sexual exploitation and abuseI1

United Kingdom Not yet in force

(1)

A person commits an offence if they carry out a relevant internet activity with the intention of facilitating child sexual exploitation and abuse.

(2)

Each of the following is a “relevant internet activity” for the purposes of this section—

(a)

providing an internet service;

(b)

maintaining or helping to maintain an internet service (or part of such a service) provided by another person;

(c)

administering, moderating or otherwise controlling access to content on an internet service;

(d)

facilitating the sharing of content on an internet service.

(3)

For the purposes of this section, a person carries out the relevant internet activity of providing an internet service if they are the provider of the service within the meaning of section 226 of the Online Safety Act 2023.

(4)

A person who commits an offence under this section is liable—

(a)

on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

(b)

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

(c)

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding six months or a fine not exceeding the statutory maximum (or both);

(d)

on conviction on indictment, to imprisonment for a term not exceeding 10 years or a fine (or both).

(5)

In this section—

  • “child sexual exploitation and abuse” means—

    1. (a)

      conduct that would constitute an offence specified in Schedule 10, or

    2. (b)

      conduct outside the United Kingdom that would constitute such an offence if it took place in the United Kingdom;

  • “content”, in relation to an internet service, has the meaning given by section 236(1) of the Online Safety Act 2023;

  • “internet service” has the meaning given by section 228 of that Act (and section 204(1) of that Act applies).

(6)

The Secretary of State may by regulations amend Schedule 10.

(7)

The Secretary of State must consult the Scottish Ministers before making regulations under subsection (6) which amend Part 2 of Schedule 10.

(8)

The Secretary of State must consult the Department of Justice in Northern Ireland before making regulations under subsection (6) which amend Part 3 of Schedule 10.

Annotations

Commencement

I1

S. 77 not in force at Royal Assent, see s. 255(1)