Schedule 3: Timing of providers’ assessments Section 10: Safety duties about illegal content
This section sets out the duties on all providers of user-to-user services with regard to illegal content on their service.
	Subsection (2) imposes a duty on providers to take proportionate measures relating to the design or operation of the service:
To prevent individuals from encountering priority illegal content by means of the service.
To mitigate and manage the risk (as identified in the most recent illegal content risk assessment carried out under section 9) of the service being used for the commission or facilitation of a priority offence.
To mitigate and manage the risks of harm to individuals identified in the most recent illegal content risk assessment.
	Subsection (3) requires service providers to use proportionate systems and processes designed to minimise the length of time for which any priority illegal content is present on their services and ensure that any illegal content is swiftly taken down once they become aware of its presence.
	Subsection (4) provides that the duties in subsections (2) and (3) apply to the way the service is designed, operated and used, as well as to the content present on it. This subsection also lists areas within which the service provider may be required to take or use measures, if proportionate, to comply with their illegal content safety duties. These areas include arrangements for compliance and risk management, service design including design of algorithms (e.g. changing the design of algorithms to prevent users from being directed to illegal content), policies on access and use (e.g. preventing repeat offenders using their services), content moderation (e.g. content removal), user empowerment and support measures and staff policies.
	Subsections (5) and (6) impose obligations on providers to state in their terms of service how individuals are to be protected from illegal content and to apply these provisions of their terms of service consistently.
	Subsection (7) specifies that the service provider must include information in its terms of service about any proactive technology that it uses to comply with its duties in respect of illegal content.
	Subsection (8) sets out that the terms of service provisions required by subsections (5) and (7) must be clear and accessible.
	Subsection (9) specifies that Category 1 providers must summarise the findings of their most recent illegal content risk assessments in their terms of service. The summary must include the risk assessment findings about levels of risk, and nature and severity of potential harm to individuals.
	Subsection (12) signposts the fact that the duties about users’ rights to freedom of expression and privacy in section 22 are relevant to the illegal content safety duty in this section.