Online Safety Act 2023

39 Duties about fraudulent advertising: Category 2A services U.K.

(1) A provider of a Category 2A service must operate the service using proportionate systems and processes designed to—

(a) prevent individuals from encountering content consisting of fraudulent advertisements in or via search results of the service;

(b) if any such content may be encountered in or via search results of the service, minimise the length of time that that is the case;

(c) where the provider is alerted by a person to the fact that such content may be so encountered, or becomes aware of that fact in any other way, swiftly ensure that individuals are no longer able to encounter such content in or via search results of the service.

(2) A provider of a Category 2A service must include clear and accessible provisions in a publicly available statement giving information about any proactive technology used by the service for the purpose of compliance with the duty set out in subsection (1) (including the kind of technology, when it is used, and how it works).

(3) In relation to a Category 2A service, an advertisement is a “fraudulent advertisement” if—

(a) it is a paid-for advertisement (see section 236), and

(b) it amounts to an offence specified in section 40 (construed in accordance with section 59: see subsections (3), (11) and (12) of that section).

(4) The references to encountering fraudulent advertisements “in or via search results” of a search service—

(a) are references to encountering fraudulent advertisements—

(i) in search results of the service, or

(ii) as a result of interacting with a paid-for advertisement in search results of the service (for example, by clicking on it);

(b) do not include references to encountering fraudulent advertisements as a result of any subsequent interactions with an internet service other than the search service.

(5) If a person is the provider of more than one Category 2A service, the duties set out in this section apply in relation to each such service.

(6) In determining what is proportionate for the purposes of this section, the following factors, in particular, are relevant—

(a) the nature, and severity, of potential harm to individuals presented by different kinds of fraudulent advertisement, and

(b) the degree of control a provider has in relation to the placement of advertisements on the service.

(7) The duties set out in this section extend only to the design, operation and use of a Category 2A service in the United Kingdom.

(8) For the meaning of “Category 2A service”, see section 95 (register of categories of services).

Commencement Information

I1 S. 39 not in force at Royal Assent, see s. 240(1)

I2 S. 39 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(l)