Member

434: After Clause 213, insert the following new Clause— “AI chatbots offence committed by provider of a regulated service under the Online Safety Act 2023(1) The condition in this subsection is met where an offence under sections (AI chatbots: content promoting terrorist and national security offences) or (AI chatbots: offence) is committed—(a) by a provider of a regulated service as defined by section 4 of the Online Safety Act 2023; and(b) materially in relation to the provision of that regulated service.(2) Where the condition in subsection (1) is met, the provider of the regulated service shall, in addition to being liable for the offence under sections (AI chatbots: content promoting terrorist and national security offences) or (AI chatbots: offence), be deemed to be in breach of an enforceable requirement for the purposes of Part 7, Chapter 6 of the Online Safety Act 2023.(3) Where the condition in subsection (1) is met and the AI chatbot which is the subject matter of the offence under sections (AI chatbots: content promoting terrorist and national security offences) or (AI chatbots: offence) is available to users in the United Kingdom, OFCOM may apply to the court for the business disruption measures listed in Part 7, Chapter 6 of the Online Safety Act 2023 in the relation to the AI chatbot which is the subject matter of the offence.(4) OFCOM must consider using its power under subsection (3) expeditiously where there is an imminent risk to life as a result of the ongoing availability of the AI chatbot in question to users in the United Kingdom.”Member’s explanatory statement This amendment seeks to ensure that a supplier of a chatbot which is capable of an offence under sections (AI chatbots: content promoting terrorist and national security offences) or (AI chatbots: offence) is regulated by the Online Safety Act, meaning they can be subjected to Ofcom’s enforcement powers as they are detailed in that Act. It is part of a set of amendments related to AI chatbot offences in Baroness Kidron's name.