139B.— (1) If the Commission makes a proposal to the Minister that a category of online content should be specified for the purposes of section 139A(2)(b) or (3)(e), the Minister may make an order giving effect to the proposal.

(2) Section 139C sets out the procedure for proposals and orders under subsection (1).

(3) A proposal under subsection (1) that a category of online content should be specified for the purposes of section 139A(2)(b), and an order giving effect to such a proposal, may be made only if—

(a) it is a category of content by which a person does a thing contrary to an enactment specified in the proposal, and

(b) the thing done is an offence under that enactment.

(4) The Commission may make a proposal under subsection (1) only if satisfied—

(a) that giving effect to the proposal will enable the Commission to take action against significant risks posed by the content within the proposed category,

(b) that those risks are not sufficiently addressed by available means (including means available to other regulators, providers of relevant online services, or others), and

(c) that, having regard to the protection of children, to the protection of the public generally, and to all other relevant considerations, it is in the public interest to give effect to the proposal.

(5) In deciding whether to make a proposal under subsection (1), the Commission shall have regard in particular to—

(a) levels of availability of any online content on relevant online services,

(b) levels of risk of exposure to any online content when using relevant online services,

(c) levels of risk of harm, and in particular harm to children, from the availability of content or exposure to it,

(d) changes in the nature of online content and in levels of availability and risk referred to in paragraphs (a) to (c),

(e) the impact of automated decision-making in relation to content delivery and content moderation by relevant online services, and

(f) the rights of providers of designated online services and of users of those services.]