136 Confirmation decisions: proactive technology
Online Safety Act 2023 (2023 c 50) | Legislation

136  Confirmation decisions: proactive technology

(1)     This section sets out what powers OFCOM have to include in a confirmation decision a requirement to take steps to use a kind, or one of the kinds, of proactive technology specified in the decision (a “proactive technology requirement”).

(2)     A proactive technology requirement may be imposed in a confirmation decision if—

(a)     the decision is given to the provider of an internet service within section 80(2), and

(b)     the decision is imposed for the purpose of complying with, or remedying the failure to comply with, the duty set out in section 81(2) (provider pornographic content).

(3)     The following provisions of this section set out constraints on OFCOM's power to include a proactive technology requirement in a confirmation decision in any case not within subsection (2).

(4)     A proactive technology requirement may be imposed in a confirmation decision only if the decision is given to the provider of a Part 3 service.

(5)     A proactive technology requirement may be imposed in a confirmation decision only for the purpose of complying with, or remedying the failure to comply with,

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