OpenLegislation

The Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2025

Draft. This instrument was laid in draft and may differ from the one made. Look for the made version under its title.

Draft 2025, ISBN 9780348275698

Original text. legislation.gov.uk does not revise statutory instruments, so later amendments are not shown here. Changes made to it are listed under each provision when known.

Draft Regulations laid before Parliament under section 225(1)(k) of the Online Safety Act 2023 (c. 50), for approval by resolution of each House of Parliament.

ELECTRONIC COMMUNICATIONS

Made

Coming into force in accordance with regulation 1(2)

The Secretary of State makes these Regulations in exercise of the powers conferred by section 222(3) of the Online Safety Act 2023f1.

The Secretary of State considers it appropriate to add to Schedule 7f2 to that Act the offences set out in regulation 2(2) and 2(3) on the ground set out in section 222(4) of that Act.

In accordance with section 225(1)(k) of that Act, a draft of these Regulations has been laid before, and approved by a resolution of, each House of Parliament.

Annotations to the whole text

Footnotes

f1

2023 c. 50.

f2

Schedule 7 was amended by regulation 2 of S.I. 2024/1188.

Contents

  1. 1Citation, commencement and extent
  2. 2Amendment of Schedule 7 to the Online Safety Act 2023
  3. 3Revocation
  4. Signature
  5. Explanatory note

1Citation, commencement and extent

(1)

These Regulations may be cited as the Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2025.

(2)

These Regulations come into force on the 21st day after the day on which they are made.

(3)

These Regulations extend to England and Wales, Scotland and Northern Ireland.

2Amendment of Schedule 7 to the Online Safety Act 2023

(1)

Schedule 7 to the Online Safety Act 2023 (priority offences) is amended in accordance with paragraphs (2) and (3).

(2)

After paragraph 2 insert—

“Encouraging or assisting serious self-harm

2A

An offence under section 184 of this Act (encouraging or assisting serious self-harm).”.

(3)

For paragraph 28A substitute—

“28A

An offence under any of the following provisions of the Sexual Offences Act 2003f1—

(a)

section 66A (sending etc photograph or film of genitals)f2;

(b)

section 66B (sharing or threatening to share intimate photograph or film)f3.”.

3Revocation

The Online Safety Act 2023 (Priority Offences) (Amendment) Regulations 2024f1 are revoked.

Signature

Name

Parliamentary Under-Secretary

Date

Department for Science, Innovation and Technology

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the priority offences set out in Schedule 7 to the Online Safety Act 2023 (c. 50) (“the Act”). Criminal offences listed in Schedule 7 to the Act are made ‘priority offences’ by section 59(7)(c) of the Act. Part 3 of the Act imposes duties on providers of certain internet services in relation to priority offences and content which amounts to these offences.

These Regulations amend Schedule 7 to the Act by adding offences under section 184 of the Act (encouraging or assisting serious self-harm) into the Schedule. These Regulations also revoke and replace paragraph 28A of Schedule 7, adding the offence under section 66A of the Sexual Offences Act 2003 (c. 42) (sending etc photograph or film of genitals) and retaining the offence under section 66B of that Act (sharing or threatening to share intimate photograph or film), which was originally added to Schedule 7 by S.I. 2024/1188.

The Secretary of State considers it appropriate to add these offences to Schedule 7 because of the prevalence of content on regulated user-to-user services or regulated search services that amounts to the new offences, the risk of harm to individuals in the United Kingdom presented by such content and the severity of that harm.

A full Impact Assessment has not been prepared for this instrument because the impacts are expected to be minimal and fall below the de minimis threshold.