Schedule 4: Codes of practice under section 41: principles, objectives, content Section 49: Relationship between duties and codes of practice
This section sets out how providers of Part 3 services can comply with their relevant duties under this Act.
	Subsection (1) states that providers will be treated as complying with their duties if they follow the recommended measures set out in the relevant codes of practice. Subsections (2) and (3) provide that user-to-user service and search service providers are to be treated as complying with their duties to protect users’ rights to freedom of expression and privacy if they follow the measures in the codes incorporating safeguards for the protection of freedom of expression and privacy. Separately, subsection (4) makes this provision for providers of Category 1 or Category 2A services in relation to a fraudulent advertising code.
	A provider is not obliged to follow a code of practice; they may instead take alternative measures to comply with the relevant duties in the legislation.
	Where a regulated provider seeks to comply with a relevant duty by taking alternative measures to those set out in the codes, they must have particular regard to protecting users’ rights to freedom of expression and privacy (subsection (5)). When OFCOM assess compliance when a regulated provider has taken alternative measures to those set out in the codes of practice, they must also consider the extent to which users’ rights have been safeguarded (where relevant) (subsection (6)).