Policy background Existing Regulation of Online Services
Prior to the enactment of this Act, most user-to-user and search services operating in the United Kingdom were not subject to any regulation concerning user safety for user generated content.
	A limited number of user-to-user services which are used in the United Kingdom are subject to the Video Sharing Platform regime set out in Part 4B of the Communications Act 2003 (the "VSP Regime"). Only services which meet the legal definition of a video sharing platform1 and have the required connection with the United Kingdom2 are in scope.
	Services subject to the VSP Regime are required to take measures to:
Protect the public from videos and adverts likely to incite violence or hatred against a person on specified grounds including sex, race, colour, ethnic or social origin, genetic features, language, religion or belief, political opinion, membership of a national minority, disability, age and sexual orientation;
Protect the public from material in videos or adverts where the inclusion of that material would be a criminal offence under laws relating to terrorism, child sexual abuse material, and racism and xenophobia;
Protect under 18s from videos and adverts which have or would be likely to be given an R18 certificate,3 or which have been or would likely be refused a certificate by the British Board of Film Classification;4 and
Protect under 18s from videos and adverts containing material that might impair their physical, mental or moral development.
	The VSP Regime does not set standards for the content of individual videos.
	OFCOM are responsible for enforcing video sharing platform providers’ compliance with their obligations under the VSP Regime. OFCOM have the power to give enforcement notifications (which may set out the steps required to remedy a contravention)5 and to impose financial penalties of up to £250,000 or 5% of qualifying revenue, whichever is greater.6 In certain circumstances, OFCOM may also suspend and/or restrict a service.7