Part of a comprehensive analysis of the Online Criminal Harms Act 2023
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- Part 6 (this article)
- Part 6
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Understanding Part 6 Orders under the Online Criminal Harms Act 2023: Key Provisions and Legal Implications
The Online Criminal Harms Act 2023 introduces robust mechanisms to combat online criminal activities, with Part 6 orders serving as a pivotal enforcement tool. These orders empower the competent authority to mandate compliance from individuals or classes of persons concerning specified online locations, apps, or services. This article provides an authoritative analysis of the key provisions of Part 6 orders, their purpose, and the legal framework governing their issuance and enforcement.
Binding Nature and Scope of Part 6 Orders
Section 32(1) of the Act explicitly empowers the competent authority to issue a Part 6 order to a person either individually or as a class:
" (1) The competent authority may give a Part 6 order to a person individually or as a class." — Section 32, Online Criminal Harms Act 2023
Verify Section 32 in source document →
This provision exists to enable flexible and targeted enforcement. By allowing orders to be directed at classes of persons, the law can efficiently address systemic issues affecting multiple entities or individuals without the need for repetitive individual orders. This flexibility is essential in the fast-evolving digital environment where multiple service providers or intermediaries may be implicated in the dissemination of harmful online content.
Further, Section 32(2) extends the binding effect of the order beyond the immediate recipient to their personal representatives, successors, and assignees:
"(2) A Part 6 order is binding on — (a) the person to whom it is addressed; and (b) if applicable, the personal representatives, successors and assignees of the person to whom it is addressed to the same extent as it applies to that person." — Section 32, Online Criminal Harms Act 2023
Verify Section 32 in source document →
This ensures continuity and prevents circumvention of the order through changes in ownership or representation. The provision safeguards the effectiveness of enforcement by maintaining the order’s applicability despite changes in the legal or operational status of the person subject to the order.
No Requirement for Prior Hearing: Expedited Enforcement
One of the most significant features of Part 6 orders is the removal of the requirement to provide affected persons a chance to be heard before the order is issued. Section 32(3) states:
"(3) It is not necessary to give any person who may be affected by a Part 6 order a chance to be heard before the order is given." — Section 32, Online Criminal Harms Act 2023
Verify Section 32 in source document →
This provision exists to facilitate swift action against online criminal harms, which often require immediate intervention to prevent ongoing or imminent damage. The absence of a prior hearing requirement reflects a legislative intent to prioritise public safety and the protection of the online community over procedural delays. However, this also underscores the importance of subsequent review mechanisms and safeguards to balance enforcement with fairness.
Mandatory Contents of a Part 6 Order: Clarity and Compliance
Section 32(4) prescribes detailed requirements for the content of a Part 6 order to ensure clarity and enable compliance:
"(4) A Part 6 order must — (a) so far as is reasonably practicable, identify the relevant location, the relevant app or the relevant service (as the case may be) to which the order relates in a way that is sufficient to enable the person given the order to comply with the order; (b) state whether the person to whom it is given must do all or any of the following, whichever being applicable: (i) notify the competent authority by a time specified in the order of the means by which the person proposes to comply with the order; (ii) keep information about the matters that are the subject of the order for a time specified in the order; (iii) regularly notify the competent authority at the times specified in the order about the steps being taken towards compliance with the order; (iv) give written notice to the competent authority when the person has complied with the order; and (c) state that it is an offence under this Act to fail to comply with the order." — Section 32, Online Criminal Harms Act 2023
Verify Section 32 in source document →
The purpose of these requirements is multifold:
- Identification of Relevant Entities: By mandating clear identification of the relevant location, app, or service, the order ensures that the recipient knows precisely what is subject to the order, reducing ambiguity and facilitating effective compliance.
- Specified Compliance Actions: The order can require notification of compliance methods, record-keeping, regular updates, and formal confirmation of compliance. These obligations enable the competent authority to monitor and verify adherence to the order, ensuring accountability.
- Legal Consequences: Explicitly stating that non-compliance is an offence serves as a deterrent and informs the recipient of the serious legal implications of failing to comply.
Duration and Termination of Part 6 Orders
Section 32(5) clarifies the temporal scope of Part 6 orders, specifying when compliance is required to cease:
"(5) A person who has been given a Part 6 order must comply with the Part 6 order until the earlier of the following occurs: (a) the expiry date and time (if any) stated in the order is reached; (b) the Part 6 order is cancelled or substituted under section 33(1) or 36(1), or cancelled under section 41(3)." — Section 32, Online Criminal Harms Act 2023
Verify Section 32 in source document →
This provision ensures that orders are not indefinite and that there are clear legal mechanisms for their cancellation or substitution. The inclusion of expiry dates and cancellation provisions reflects a balance between effective enforcement and the protection of rights, allowing for review and adjustment as circumstances evolve.
Access Blocking Orders: Identification and Transmission of Relevant Locations
Access blocking orders, a specific type of Part 6 order, have additional provisions under Section 32(6) to (8) concerning the identification and communication of relevant locations:
"(6) An access blocking order may specify that relevant locations will be identified and the identity thereof transmitted to the person to whom the order is addressed, from time to time, by the person’s chosen means of identification. (7) An access blocking order described in subsection (6) that has been given to the person to whom it is addressed is deemed to be given in relation to any relevant location that is subsequently identified and the identity of which is transmitted to the recipient by the person’s chosen means of identification, when data identifying the relevant location becomes accessible by the person by that means. (8) An access blocking order described in subsection (6) is deemed to be cancelled (in relation to any relevant location that was identified and the identity of which was transmitted to the person by that person’s chosen means of identification) when the data identifying the relevant location is no longer accessible by that person by that means, and in such a case no written notice of the cancellation needs to be given to that person." — Section 32, Online Criminal Harms Act 2023
Verify Section 32 in source document →
These provisions exist to accommodate the dynamic nature of online content and services. Since relevant locations may change or be added over time, the law allows for ongoing identification and transmission of these locations to the recipient. The deemed giving and cancellation mechanisms streamline administrative processes and ensure that the recipient is legally bound in relation to newly identified locations without the need for repeated formal orders.
Penalties for Non-Compliance: Legal Consequences
As stipulated in Section 32(4)(c), every Part 6 order must explicitly state that failure to comply constitutes an offence under the Act:
"(4)(c) state that it is an offence under this Act to fail to comply with the order." — Section 32, Online Criminal Harms Act 2023
Verify Section 32 in source document →
This serves a critical deterrent function, reinforcing the seriousness of the order and the legal obligation it imposes. The provision ensures that recipients are fully aware of the consequences of non-compliance, which may include criminal sanctions, thereby promoting adherence and facilitating enforcement.
Absence of Definitions and Cross-References in Part 6
Notably, the text of Section 32 does not provide specific definitions related to Part 6 orders, nor does it contain cross-references to other Acts:
"(No definitions text present in the provided section.)" — Section 32, Online Criminal Harms Act 2023 "(No cross-references to other Acts present in the provided section.)" — Section 32, Online Criminal Harms Act 2023
Verify Section 32 in source document →
This absence suggests that definitions and cross-references may be located elsewhere in the Act or in related legislation. The focused nature of Section 32 underscores its role as a procedural and substantive provision governing the issuance and enforcement of Part 6 orders specifically.
Conclusion
Part 6 orders under the Online Criminal Harms Act 2023 constitute a powerful legal instrument designed to enable the competent authority to respond swiftly and effectively to online criminal harms. The provisions governing these orders ensure clarity, enforceability, and adaptability to the dynamic online environment. By binding not only the immediate recipients but also their successors, removing the requirement for prior hearings, and prescribing detailed compliance obligations, the Act balances the need for urgent intervention with procedural safeguards. The explicit criminalisation of non-compliance further strengthens the enforcement framework, underscoring the government’s commitment to maintaining a safe and secure online space.
Sections Covered in This Analysis
- Section 32(1) to (8), Online Criminal Harms Act 2023
Source Documents
For the authoritative text, consult SSO.