Part 4: Other duties of providers of regulated user-to-user services and regulated search services Chapter 3: Terms of service: Transparency, accountability, and freedom of expression Section 72: Further duties about terms of service
This section imposes further duties about terms of service on regulated user-to-user service providers and Category 1 service providers.
	Subsection (1) requires all providers of regulated user-to-user services to include a provision in their terms of service informing users about their right to bring a claim in court for breach of contract where their content is taken down or access to it, restricted or they are suspended or banned in breach of the terms of service. This seeks to increase transparency about users’ existing legal rights; it does not create a new right of action.
	Subsection (3) requires Category 1 service providers to put in place systems and processes to enforce any terms of service that they set relating to the prohibition of or restriction of access to legal content, and the banning or suspension of users.
	Subsection (4) requires that such terms of service are clear and accessible. These terms must be easy for users to understand and be written with sufficient detail so users know what to expect in relation to moderation actions taken by the provider. Providers of Category 1 services must also apply their terms of service consistently so that moderation decisions are made in the same way for similar pieces of content.
	Subsections (5)-(8) require Category 1 service providers to ensure their users can report any content or accounts that the user deems to violate the service’s terms of service, and are able to make complaints about providers’ moderation actions and compliance with their duties under this section. Providers are required to take appropriate action in response to complaints. The complaints procedure must be easy to use, easy to access, transparent, and specified in terms of service.
	Subsection (9) excludes terms of service in relation to the illegal content and child safety duties from the duties in this section, as well as terms of service about consumer content. Consumer content is defined in section 74(3), and related terms of service are exempt from these duties because they are already regulated by the Competition and Markets Authority and other consumer protection bodies.