PART 3Providers of regulated user-to-user services and regulated search services: duties of care

CHAPTER 3Providers of search services: duties of care

Search services: which duties apply, and scope of duties

I2I324Providers of search services: duties of care

1

Subsections (2) to (4) apply to determine which of the duties set out in this Chapter must be complied with by providers of regulated search services.

2

All providers of regulated search services must comply with the following duties in relation to each such service which they provide—

a

the duties about illegal content risk assessments set out in section 26,

b

the duties about illegal content set out in section 27(2) to (8),

c

the duty about content reporting set out in section 31,

d

the duties about complaints procedures set out in section 32,

e

the duties about freedom of expression and privacy set out in section 33, and

f

the duties about record-keeping and review set out in section 34(2) to (6).

3

Additional duties must be complied with by providers of particular kinds of regulated search services, as follows.

4

All providers of regulated search services that are likely to be accessed by children must comply with the following duties in relation to each such service which they provide—

a

the duties about children’s risk assessments set out in section 28, and

b

the duties to protect children’s online safety set out in section 29(2) to (8).

5

All providers of regulated search services that are Category 2A services must comply with the following duties in relation to each such service which they provide—

a

the duty about illegal content risk assessments set out in section 27(9),

b

the duty about children’s risk assessments set out in section 29(9), and

c

the duty about record-keeping set out in section 34(9).

6

For the meaning of “likely to be accessed by children”, see section 37.

7

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

I1I425Scope of duties of care

1

A duty set out in this Chapter which must be complied with in relation to a search service extends only to—

a

the search content of the service,

b

the design, operation and use of the search engine in the United Kingdom, and

c

in the case of a duty that is expressed to apply in relation to users of a service, the design, operation and use of the search engine as it affects United Kingdom users of the service.

2

For the purposes of the application of this Chapter in relation to the search engine of a combined service (see section 7(6))—

a

a duty set out in this Chapter which requires a matter to be included in a publicly available statement may be satisfied by including the matter in the terms of service;

b

references in this Chapter (except in section 24) to a search service are to be read as references to the search engine;

c

references in this Chapter (except in section 24) to the provider of a search service are to be read as references to the provider of the combined service.