Duty LXD-5947
Publishes adult content, in the United Kingdom
Consumer Rights Act 2015, section 46, remedy for damage that digital content causes to a consumer's device or other digital contentsince 3 lines
Consumer Rights Act 2015, c. 15, s. 46 · Read the law's page
- This binds a trader that supplies digital content to a consumer under a contract; a trader acts for purposes relating to its trade, business, craft or profession, and a consumer is an individual acting wholly or mainly outside them (sections 2(2), 2(3) and 46(1)).
- If your digital content damages the consumer's device or other digital content, and the damage would not have occurred had you exercised reasonable care and skill, repair the damage within a reasonable time and without significant inconvenience to the consumer, bearing the necessary costs, or compensate the consumer with an appropriate payment (section 46(1) to (3)).
- Pay any compensation without undue delay and within 14 days of agreeing that the consumer is entitled to it, and charge the consumer no fee for the payment (section 46(5) and (6)).
Online Safety Act 2023 — AI-generated and deepfake contentsince 4 lines
Online Safety Act 2023, c. 50
- If you run a user-to-user service with links to the United Kingdom, assess the risk of illegal content, use proportionate measures to prevent users encountering priority illegal content, and take illegal content down swiftly once alerted to it.
- Do not share, or threaten to share, an intimate photograph or film of a person without their consent, including an AI-generated one.
- Take down reported intimate image content, including an AI-generated intimate image, no later than 48 hours after a report by the person it shows or someone acting on their behalf.
- Carry out a further illegal content risk assessment before making any significant change to the service's design or operation.
Online Safety Act 2023, Part 5 (duties of providers of regulated provider pornographic content)since 3 lines
Online Safety Act 2023, c. 50, ss. 79-82 (Part 5) · Read the law's page
- Applies to you if you publish or display your own pornographic content (not user-generated content) and have a UK user base or target the UK market.
- Use age verification, age estimation or both to ensure children cannot normally encounter that content; the method must be highly effective at correctly determining whether a user is a child.
- Keep written records of the age verification or age estimation method you use, and publish a public statement on the methods used.