Member

266: Clause 63, page 81, line 34, at end insert— “46D Child sexual abuse image-generation risk assessment(1) A provider of an online service, including but not limited to a generative AI large language model, must risk assess the likelihood of their service being used to create or facilitate the creation of a CSA image or images as defined by section 46A.(2) If a risk is identified in a CSA risk assessment—(a) where the provider is regulated by the Online Safety Act 2023, a provider must report the risk and agree to steps to reduce, mitigate and manage the risks with OFCOM;(b) where the provider is not regulated by the Online Safety Act 2023, a provider must agree to steps to reduce, mitigate and manage the risks of their online service being used to create or facilitate the creation of CSA images with the National Crime Agency.(3) Where a provider regulated by the Online Safety Act 2023 fails to agree to or implement steps to reduce, mitigate and manage the risks with OFCOM (see subsection (2)(a)), they can be subjected to OFCOM’s enforcement powers set out in Part 7, Chapter 6 (enforcement powers) of that Act.(4) Where a provider not regulated by the Online Safety Act 2023 fails to agree to or implement steps to reduce, mitigate and manage the risks with the National Crime Agency (see subsection (2)(b)), they commit an offence.(5) A provider that commits an offence under this section is liable to be issued with a penalty notice by the National Crime Agency.(6) In this section a “penalty notice” means a notice requiring its recipient to pay a penalty of an amount not exceeding whichever is the greater of—(a) £18 million, or(b) 10% of a provider’s qualifying worldwide revenue for the most recent complete accounting period.(7) A penalty notice may be reissued where a provider continues to commit an offence under this section.”Member’s explanatory statement This amendment is intended to ensure that services that do not fall into scope of Clause 63 as currently drafted still assess and mitigate the risk of their services being used as an AI child sexual abuse generator.