139E.— (1) The Commission may designate a relevant online service as a service to which online safety codes may be applied under Chapter 3.

(2) A designation under this section may be made in relation to a named service, or in relation to all services falling within a category of services described in the designation (and a service may be designated both as a named service and as falling within a category).

(3) Subject to section 139G the Commission, in deciding whether to designate a named service or a category of services, shall have regard in particular to—

(a) the nature and the scale of the service or of services within the category,

(b) provision made or that may be made by online safety codes that may be applied to the service or to services within the category,

(c) other provisions of or made under this Act that apply to designated online services,

(d) levels of availability of harmful online content on the service, or on services within the category,

(e) levels of risk of exposure to harmful online content when using the service, or services within the category,

(f) levels of risk of harm, and in particular harm to children, from the availability of harmful online content or exposure to it on the service, or on services within the category,

(g) the rights of the provider of the service, or providers of services within the category, and

(h) the rights of users of the service, or users of services within the category.]