Online Safety and Media Regulation Act 2022
Harmful online content: offence-specific categories
46. The Principal Act is amended by the insertion of the following Schedule after Schedule 2:
“SCHEDULE 3
Section 139A
Harmful Online Content: Offence-Specific Categories
Offences against the State Act 1939
1. Online content by which a person publishes or broadcasts information about an application under section 30(4) of the Offences against the State Act 1939 contrary to subsection (4BA)(d) of that section (application for further detention of a person arrested for certain offences).
2. Online content by which a person publishes or broadcasts matter likely to lead members of the public to identify a person as the complainant in relation to a charge of a sexual assault offence, contrary to section 7(1) of the Criminal Law (Rape) Act 1981.
3. Online content by which a person publishes or broadcasts matter likely to lead members of the public to identify a person as the person charged with a rape offence, contrary to section 8(1) of the Criminal Law (Rape) Act 1981.
Prohibition of Incitement to Hatred Act 1989
4. Online content by which a person publishes or distributes written material, or a recording of visual images or sounds, contrary to section 2(1) of the Prohibition of Incitement to Hatred Act 1989 (material, images or sounds which are threatening, abusive or insulting and are intended or, having regard to all the circumstances, are likely to stir up hatred).
5. Online content by which a person broadcasts visual images or sounds, contrary to section 3(1) of the Prohibition of Incitement to Hatred Act 1989 (threatening, abusive or insulting images or sounds whose broadcast is intended or, having regard to all the circumstances, is likely to stir up hatred).
6. Online content by which a person publishes or broadcasts information relating to, or to part of, evidence given under section 5(3) of the Criminal Justice Act 1993, contrary to an order under subsection (5)(a) of that section (sentencing: evidence of a person in respect of whom an offence is committed).
Criminal Law (Suicide) Act 1993
7. Online content by which a person counsels the suicide of another, contrary to section 2(2) of the Criminal Law (Suicide) Act 1993.
Criminal Justice (Drug Trafficking) Act 1996
8. Online content by which a person publishes or broadcasts information about an application under section 2(2) of the Criminal Justice (Drug Trafficking) Act 1996 contrary to subsection (3A)(d) of that section (application for detention of a person arrested for a drug trafficking offence).
9. Online content by which a person publishes or broadcasts information relating to the criminal record of a person applying for bail, contrary to section 4(3) of the Bail Act 1997.
10. Online content by which a person publishes or broadcasts information relating to, or to part of, evidence given under section 9A(1) of the Bail Act 1997 contrary to an order under subsection (3) of that section (evidence, at application for bail, from a person in respect of whom an offence is alleged to have been committed).
Non-Fatal Offences against the Person Act 1997
11. Online content by which a person applies force to the body of another, or causes another to believe on reasonable grounds that he or she is likely immediately to be subjected to such force, contrary to section 2 of the Non-Fatal Offences against the Person Act 1997.
12. Online content by which a person makes a threat, contrary to section 5(1) of the Non-Fatal Offences against the Person Act 1997 (threat to kill or cause serious harm to a person).
13. Online content by which a person harasses another, contrary to section 10(1) of the Non-Fatal Offences against the Person Act 1997 (harassment by persistently following, watching, pestering, besetting or communicating with or about another person).
Child Trafficking and Pornography Act 1998
14. Online content by which a person distributes, transmits, disseminates or publishes child pornography, contrary to section 5(1)(b) of the Child Trafficking and Pornography Act 1998.
15. Online content by which a person publishes, distributes, transmits or disseminates an advertisement, contrary to section 5(1)(e) of the Child Trafficking and Pornography Act 1998 (advertisement of sale etc. of child pornography).
16. Online content by which a person publishes or includes in a broadcast a report to which section 51(1) of the Children Act 2001 applies (report in relation to admission of a child to the Programme etc. or revealing information likely to lead to identification of the child).
17. Online content by which a person publishes or includes in a broadcast any such report or picture as is referred to in section 93(1) of the Children Act 2001, except so far as the requirements of that section have been dispensed with under subsection (2) of that section (proceedings before a court concerning a child: particulars likely to lead to identification etc.).
18. Online content by which a person encourages unlawful activity involving a child, contrary to section 249 of the Children Act 2001 (person with custody, charge or care of a child encouraging sexual offences on the child etc.).
19. Online content by which a person publishes or includes in a broadcast a report or picture to which section 252(1) of the Children Act 2001 applies, except so far as the requirements of subsection (1) of that section have been dispensed with under subsection (2) of that section (proceedings for an offence against a child or where a child is a witness: report or picture likely to lead to identification of the child etc.).
Criminal Justice (Terrorist Offences) Act 2005
20. Online content by which a person engages in public provocation to commit a terrorist offence, contrary to section 6(1)(a)(i) of the Criminal Justice (Terrorist Offences) Act 2005 (where a ‘terrorist‑linked activity’ includes public provocation to commit a terrorist offence, as defined by section 4A of that Act).
21. Online content by which a person makes a threat to engage in a terrorist activity, contrary to section 6(1)(a)(iii) of the Criminal Justice (Terrorist Offences) Act 2005.
Criminal Law (Insanity) Act 2006
22. Online content by which a person publishes, contrary to section 4(9) of the Criminal Law (Insanity) Act 2006, a report of evidence adduced under subsection (8) of that section as to whether an accused person did the act alleged, or of the decision of the court under that subsection not to order the accused to be discharged.
23. Online content by which a person publishes any matter relating to criminal proceedings which would identify a person as having a particular medical condition, contrary to an order under section 181 of the Criminal Justice Act 2006.
24. Online content by which a person publishes or broadcasts information about an application under section 50 of the Criminal Justice Act 2007 contrary to subsection (4A)(d) of that section (application for further detention for investigation of certain serious offences).
Criminal Law (Human Trafficking) Act 2008
25. Online content by which a person publishes or broadcasts, contrary to section 11(1) of the Criminal Law (Human Trafficking) Act 2008—
(a) a photograph of, or that includes a depiction of, the alleged victim of an offence with which a person is charged under section 2 or 4, or section 3 (other than subsections (2A) and (2B)) of the Child Trafficking and Pornography Act 1998,
(b) any other representation of the physical likeness, or any representation that includes a depiction of the physical likeness, of the alleged victim of such an offence, or
(c) any other information in relation to such an offence,
that is likely to enable the identification of the alleged victim of the offence.
26. Online content by which a person publishes or broadcasts, contrary to an order under section 12(3) of the Criminal Procedure Act 2010—
(a) evidence given or referred to at a hearing of an application for a re-trial order, or
(b) matter identifying or having the effect of identifying a person who is the subject of an application for a re-trial order, or any other person connected with the re-trial for which an order is sought under section 8 or 9 of that Act.
27. Online content by which a person publishes or broadcasts, contrary to an order under section 25(3) of the Criminal Procedure Act 2010—
(a) evidence given or referred to during a proceeding under section 23 of that Act, or
(b) matter identifying or having the effect of identifying a person who is the subject of an appeal under section 23 of that Act, or any other person connected with a re-trial for which an order is sought under that section.
Criminal Justice (Female Genital Mutilation) Act 2012
28. Online content by which a person publishes matter contrary to section 9(1) of the Criminal Justice (Female Genital Mutilation) Act 2012 (matter likely to lead to identification of a woman or girl as a person in relation to whom an offence is alleged to have been committed).
29. Online content by which a person publishes matter contrary to section 10(1) of the Criminal Justice (Female Genital Mutilation) Act 2012 (matter likely to lead to identification of a person charged with an offence).
Animal Health and Welfare Act 2013
30. Online content by which a person—
(a) publicises or promotes a proposed animal fight or performance,
(b) provides information about an animal fight or performance, or
(c) supplies, displays, shows or publishes anything by which an animal fight or performance is recorded,
contrary to section 15 of the Animal Health and Welfare Act 2013.
International Protection Act 2015
31. Online content by which a person publishes or broadcasts information, contrary to section 26(2) of the International Protection Act 2015 (publication or broadcast of information likely to lead to identification of an applicant for protection).
Criminal Law (Sexual Offences) Act 2017
32. Online content by which a person communicates with another person for the purpose of facilitating the sexual exploitation of a child, contrary to section 8(1) of the Criminal Law (Sexual Offences) Act 2017.
33. Online content by which a person sends sexually explicit material to a child, contrary to section 8(2) of the Criminal Law (Sexual Offences) Act 2017.
34. Online content by which a person publishes matter contrary to section 30(1) of the Criminal Law (Sexual Offences) Act 2017 (matter likely to lead to identification of a person as a person charged with an offence under the Punishment of Incest Act 1908 or as a person in relation to whom an offence is alleged to have been committed).
35. Online content by which a person exposes his or her genitals intending to cause fear, distress or alarm to another person contrary to section 45(1) of the Criminal Law (Sexual Offences) Act 2017.
36. Online content by which a person intentionally engages in offensive conduct of a sexual nature contrary to section 45(3) of the Criminal Law (Sexual Offences) Act 2017.
37. Online content by which a person publishes or broadcasts information, or a photograph, depiction, or other representation, contrary to section 36(1) of the Domestic Violence Act 2018 (publication or broadcast of material likely to lead to the identification of persons concerned in proceedings).
Harassment, Harmful Communications and Related Offences Act 2020
38. Online content by which a person distributes or publishes or threatens to distribute or publish an intimate image, contrary to section 2(1) of the Harassment, Harmful Communications and Related Offences Act 2020 (distribution etc. of image without consent and with intent to cause harm etc.).
39. Online content by which a person distributes or publishes an intimate image, contrary to section 3(1) of the Harassment, Harmful Communications and Related Offences Act 2020 (distribution etc. of image without consent and so as seriously to interfere with peace and privacy or to cause alarm, distress or harm).
40. Online content by which a person—
(a) distributes or publishes a threatening or grossly offensive communication about another person, or
(b) sends a threatening or grossly offensive communication to another person,
contrary to section 4(1) of the Harassment, Harmful Communications and Related Offences Act 2020 (distribution etc. of communication with intent to cause harm).
41. Online content by which a person publishes or broadcasts information, or a photograph or other representation, likely to enable the identification of the alleged victim of an offence under section 2 or 3 of the Harassment, Harmful Communications and Related Offences Act 2020, contrary to section 5(1) of that Act.
42. Online content by which a person publishes or broadcasts information about a preliminary trial hearing, or an appeal under section 7 of the Criminal Procedure Act 2021, contrary to section 10(1) of that Act.”.