The Bill exempts from regulation under the Online Safety Act certain small, low risk user-to-user services.
In order to be exempt a service would have to (a) not be conducted for profit, (b) not present a material risk of significant harm to UK individuals and (c) qualify as a small service by reference to either active user numbers or operating expenses.
The Bill contains provision for Ofcom to serve notice on a service to disapply the exemption if Ofcom has evidence of a quantity of user-generated content on the service that presents a material risk of significant harm to UK individuals; and for a service in receipt of such a notice to be able to appeal to the First-tier Tribunal and then to the Upper Tribunal.
