Member

429B: After Clause 212, insert the following new Clause— “Power to amend Online Safety Act 2023 Power to amend Online Safety Act 2023: AI(1) The Online Safety Act 2023 is amended as follows.(2) After section 216 insert—“Power to amend Act: illegal AI-generated content etc 216A Power to amend Act in relation to illegal AI-generated content etc(1) Subject to subsection (14)(b), the Secretary of State may by regulations amend any provision of this Act for or in connection with the purposes of minimising or mitigating the risks of harm to individuals in the United Kingdom presented by—(a) illegal AI-generated content;(b) the use of AI services for the commission or facilitation of priority offences.(2) In this section, “AI service” means an internet service that is capable (or part of which is capable) of generating AI-generated content (no matter what proportion of content on the service is AI-generated).(3) The provision that may be made by regulations includes provision securing that any or all of the duties set out in subsection (4) are imposed on providers of AI services in relation to—(a) illegal AI-generated content;(b) the design, operation or use of AI services so far as relating to illegal AI-generated content;(c) the use of AI services for the commission or facilitation of priority offences.(4) The duties referred to in subsection (3) are—(a) duties imposed on providers of regulated user-to-user services by section 9 or 10 (illegal content and activity) or any of sections 20 to 23 so far as relating to section 9 or 10;(b) duties imposed on providers of regulated search services or combined services by section 26 or 27 (search content that is illegal content) or any of sections 31 to 34 so far as relating to section 26 or 27;(c) duties corresponding or similar to the duties in paragraph (a) or (b).(5) The provision that may be made by regulations by virtue of subsection (3) includes provision imposing duties on providers of AI services in relation to illegal AI-generated content of all kinds even where a corresponding or similar duty imposed on providers of regulated user-to-user or search services relates only to priority illegal content.(6) The provision that may be made by regulations includes provision securing that the duties imposed on providers of Category 1 services and Category 2A services by section 38 or 39 (fraudulent advertising), or duties corresponding or similar to those duties, are imposed on providers of AI services in relation to fraudulent advertisements (whether or not AI-generated).(7) The provision that may be made by regulations includes provision securing that the requirements imposed on providers of Part 3 services by section 66 (reporting CSEA content), or requirements corresponding or similar to those requirements, are imposed on providers of AI services in relation to AI-generated CSEA content (and if such corresponding or similar requirements are imposed, regulations may amend section 67(1) so as to refer to the provision imposing them, as well as to section 66).(8) The provision that may be made by regulations includes provision securing any of the following—(a) that providers of AI services are subject to the requirements imposed on providers of regulated services by, or by OFCOM under, Part 6 (fees), or are subject to requirements corresponding or similar to those requirements;(b) that duties imposed on OFCOM in relation to Part 3 services by Chapter 3 of Part 7 (OFCOM’s register of risks, and risk profiles), or duties corresponding or similar to those duties, are imposed on OFCOM in relation to AI services, so far as relating to illegal AI-generated content generated by such services or their use for the commission or facilitation of priority offences;(c) that functions conferred on OFCOM in relation to regulated services under the following provisions, or functions corresponding or similar to those functions, are conferred on OFCOM in relation to AI services, so far as relating to provision made by the regulations—(i) Chapter 4 of Part 7 (information);(ii) Chapter 6 of Part 7 (enforcement), including provisions of that Chapter conferring power for OFCOM to impose monetary penalties;(d) that powers conferred on OFCOM in relation to Part 3 services under Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content), or powers corresponding or similar to those powers, are conferred on OFCOM in relation to AI services, so far as relating to AI-generated terrorism content or AI-generated CSEA content;(e) that OFCOM have power to make provision in guidance or a code of practice relating to provision made by the regulations.(9) The provision that may be made by regulations includes provision securing that any provision of this Act that applies in relation to illegal content or illegal content of a particular kind applies (with or without modifications), or does not apply, in relation to illegal AI-generated content or illegal AI-generated content of a particular kind.(10) The provision that may be made by regulations includes provision amending any definition in this Act, including (but not limited to)—(a) provision securing that AI services fall within the definition of “regulated user-to-user service”, “regulated search service”, “combined service”, “Part 3 service” or “regulated service” (so far as that is not already the case) or are excluded from any of those definitions;(b) provision giving the meaning of any defined term in relation to AI services, AI-generated content or AI-generated content of a particular kind.(11) Regulations may make provision securing that providers of specified kinds of AI services are exempt from the requirement to comply with specified duties or requirements imposed by the regulations.(12) The provision that may be made by regulations includes—(a) provision in relation to AI services that corresponds or is similar to provision in Chapter 2 of Part 7 (register of categories of services);(b) provision conferring power on the Secretary of State to make regulations containing provision in relation to AI services that corresponds or is similar to provision that may be made by regulations under paragraph 1 of Schedule 11 (“threshold conditions”). (13) Regulations may make provision having the effect that AI services provided from outside the United Kingdom are regulated by this Act (as well as AI services provided from within the United Kingdom), but, if they do so, must contain equivalent provision to that made in relation to user-to-user services and search services by section 4(5) and (6) (UK links).(14) Regulations—(a) may (among other things) amend any provision of this Act that mentions an automated tool or a bot (including section 59(12));(b) may not amend section 234 (“harm” etc).(15) Regulations—(a) may make different provision with regard to AI services of different kinds;(b) may make provision with regard to AI services generally or any one or more specified kinds of AI service;(c) may make different provision with regard to AI-generated content generated by different kinds of automated tools or functionalities available on AI services;(d) may make provision with regard only to AI-generated content generated by specified kinds of automated tools or functionalities available on AI services.(16) Regulations may make provision as to the meaning of any reference to “AI-generated”, or “AI-generated content”, inserted by the regulations into this Act.(17) In this section—“AI” is short for artificial intelligence;“AI-generated CSEA content” means CSEA content that is AI-generated, and “CSEA content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded;“AI-generated terrorism content” means terrorism content that is AI-generated, and “terrorism content” here has the same meaning as in Part 3 (see section 59) except that section 59(14)(a) is to be disregarded;“amend” includes repeal and apply (with or without modifications);“fraudulent advertisement” has the meaning given by section 38 or 39 (depending on the kind of AI service in question), disregarding the fact that the definition in those sections applies in relation only to a Category 1 service or a Category 2A service;“illegal AI-generated content” means illegal content that is AI-generated;“illegal content” has the same meaning as in Part 3 (see section 59), except that where that term is used in the definition of “illegal AI-generated content”, section 59(14)(a) is to be disregarded;“priority illegal content” has the same meaning as in Part 3 (see section 59);“priority offence” has the same meaning as in Part 3 (see section 59);“regulations” , except in subsection (12)(b), means regulations under subsection (1);“specified” means specified in regulations.”(3) In section 225 (Parliamentary procedure for regulations), in subsection (1), after paragraph (f) insert—“(fa) regulations under section 216A(1),”.” Member’s explanatory statement This new clause inserts into the Online Safety Act 2023 a power for the Secretary of State to make regulations amending that Act in order to minimise or mitigate the risks of harm to individuals presented by illegal AI-generated content.