UK Online Safety Act 2023
Part 3 Chapters 4 and 5: children's access assessments and fraudulent advertising – UK Online Safety Act 2023

UK Online Safety Act 2023 s.38: Fraudulent advertising duties (Category 1)

What does s.38 require?

Category 1 services operate proportionate systems to prevent users encountering fraudulent paid-for advertisements (adverts amounting to the fraud and financial services offences listed in s.40), minimise the time they are present and take them down swiftly when alerted or aware, and explain any proactive technology in the terms of service. Proportionality reflects the severity of harm and the provider's control over ad placement. Status: applies to designated Category 1 services only when Ofcom's first fraudulent advertising code is in force (s.51(7)); Ofcom consulted on these measures in July 2026.

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Other controls in Part 3 Chapters 4 and 5: children's access assessments and fraudulent advertising – UK Online Safety Act 2023

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