Moved by
Lord Parkinson of Whitley Bay
236B: After Clause 194, insert the following new Clause—
“Power to regulate app stores: supplementary
(1) In this section (except in subsection (4)(c)) “regulations” means regulations under section (Power to regulate app stores)(1).
(2) Provision may be made by regulations only for or in connection with the purposes of minimising or mitigating the risks of harm to children presented by harmful content as mentioned in section (Power to regulate app stores)(3)(a) and (b).
(3) Regulations may not have the effect that any body other than OFCOM is the regulator in relation to app stores.
(4) Regulations may—
(a) make provision exempting specified descriptions of app stores from regulation under this Act;
(b) make provision amending Part 2, section 49 or Schedule 1 in connection with provision mentioned in paragraph (a);
(c) make provision corresponding or similar to provision which may be made by regulations under paragraph 1 of Schedule 11 (“threshold conditions”), with the effect that only app stores which meet specified conditions are regulated by this Act.
(5) Regulations may make provision having the effect that app stores provided from outside the United Kingdom are regulated by this Act (as well as app stores provided from within the United Kingdom), but, if they do so, must contain provision corresponding or similar to section 3(5) and (6)(UK links).
(6) The provision that may be made by regulations includes provision—
(a) imposing on providers of app stores duties corresponding or similar to duties imposed on providers of Part 3 services by—
(i) section 10 or 11 (children’s online safety: user-to-user services) or any of sections 16 to 19 so far as relating to section 10 or 11;
(ii) section 24 or 25 (children’s online safety: search services) or any of sections 26 to 29 so far as relating to section 24 or 25;
(b) imposing on providers of app stores duties corresponding or similar to duties imposed on providers of internet services within section 71(2) by section 72 (duties about regulated provider pornographic content);
(c) imposing on providers of app stores requirements corresponding or similar to requirements imposed on providers of regulated services by, or by OFCOM under, Part 6 (fees);
(d) imposing on OFCOM duties in relation to app stores corresponding or similar to duties imposed in relation to Part 3 services by Chapter 3 of Part 7 (OFCOM’s register of risks, and risk profiles);
(e) conferring on OFCOM functions in relation to app stores corresponding or similar to the functions that OFCOM have in relation to regulated services under—
(i) Chapter 4 of Part 7 (information), or
(ii) Chapter 6 of Part 7 (enforcement), including provisions of that Chapter conferring power for OFCOM to impose monetary penalties;
(f) about OFCOM’s production of guidance or a code of practice relating to any aspect of the regulation of app stores that is included in the regulations.
(7) The provision that may be made by regulations includes provision having the effect that app stores fall within the definition of “Part 3 service” or “regulated service” for the purposes of specified provisions of this Act (with the effect that specified provisions of this Act which apply in relation to Part 3 services or regulated services, or to providers of Part 3 services or regulated services, also apply in relation to app stores or to providers of app stores).
(8) Regulations may not amend or make provision corresponding or similar to—
(a) Chapter 2 of Part 4 (reporting CSEA content),
(b) Chapter 5 of Part 7 (notices to deal with terrorism content and CSEA content), or
(c) Part 10 (communications offences).
(9) Regulations may make different provision with regard to app stores of different kinds.
(10) In this section “specified” means specified in regulations.”
Member’s explanatory statement
This amendment makes provision about the purpose and contents of regulations to regulate app stores which may be made by the Secretary of State under the preceding new Clause proposed to be inserted in my name.