# Online Safety Act 2023, Section 50: Effects of codes of practice

Extent: E+W+S+N.I.

(1) A failure by a provider of a Part 3 service to act in accordance with a provision of a code of practice does not of itself make the provider liable to legal proceedings in a court or tribunal.
(2) A code of practice is admissible in evidence in legal proceedings.
(3) In any proceedings in a court or tribunal, the court or tribunal must take into account a provision of a code of practice in determining a question arising in the proceedings if—
(a) the question relates to a time when the provision was in force, and
(b) the provision appears to the court or tribunal to be relevant to the question.
(4) OFCOM must take into account a provision of a code of practice in determining a question arising in connection with their exercise of any relevant function if—
(a) the question relates to a time when the provision was in force, and
(b) the provision appears to OFCOM to be relevant to the question.
(5) In this section—
“code of practice” means a code of practice published under section 46;
“relevant functions” means OFCOM’s functions under—
(a)Chapter 4 of Part 7 (information),
(b)Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content),
(c)Chapter 6 of Part 7 (enforcement), and
(d)Chapter 2 of Part 8 (super-complaints).

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Source: https://www.legislation.gov.uk/ukpga/2023/50/section/50 (the official version)
Page: https://openlegislation.uk/online-safety-act-2023/section-50
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.

