IE OSC Online Safety Code, Part B s 12 (paras 12.6-12.9) - Applying the terms
Apply the s 12 terms and, after a prior warning, suspend frequent infringers for a reasonable period, assessed case by case with regard to fundamental rights, except where the Digital Services Act already covers the consequence
Where this comes from
Provision: Online Safety Code, Part B s 12 (paras 12.6-12.9) - Applying the terms; suspension of frequent infringers after a prior warning; case-by-case assessment; fundamental rights; Digital Services Act limit; Part A s 5 (para 5.3 no general monitoring)
Instrument: Ireland Online Safety Code
Citation: Coimisiun na Mean Online Safety Code (2024), Part B s 12, paras 12.1 and 12.6-12.9; s 13, paras 13.6-13.9; Part A s 5, para 5.3; s 11 (restricted content definitions and the risk test)
Text version: Coimisiun na Mean Online Safety Code, adopted 10 October 2024 under Section 139K of the Broadcasting Act 2009 as amended by the Online Safety and Media Regulation Act 2022; Part A applied from 19 November 2024 and Part B from 21 July 2025 (dates determined by the Commission; cnam.ie); retrieved from cnam.ie on 2026-09-21.
Who it applies to
It applies when all of these are true:
- Irish Code assessed scope Q_IE_OSC_IN_SCOPE: YES
…unless:
- Paras 12.6, 12.7 and 12.8 (apply the terms; suspend frequent infringers after a prior warning; case-by-case assessment; due regard to fundamental rights) apply only insofar as the consequences for the user are not covered by measures adopted pursuant to... (Coimisiun na Mean Online Safety Code (2024), Part B para 12.9 (and para 13.9 for commercial communications))
- No provision of the Code necessitates, or shall be construed to necessitate, general monitoring of information transmitted or stored by providers or generally taking active steps to seek facts or circumstances indicating illegal activity contrary to... (Coimisiun na Mean Online Safety Code (2024), Part A para 5.3)
Scope in the source's own terms
- Service has child users
- Service available in Ireland
What engineering work it implies
Sample acceptance criteria Landfall generates for this obligation:
- Content can be flagged (by users and/or automated classifiers) and enters a moderation queue
- Moderation decisions (allow / remove / restrict / escalate) are recorded with reviewer, reason, and timestamp
- Priority/expedited handling exists for illegal content and child-safety categories
- Affected users are notified of moderation actions with a stated reason and appeal path
- Repeat-offender and re-upload prevention is in place where required
Evidence an auditor expects
- Policy documentDocument review
Child protection policy
Comprehensive policy for protecting children on the service
- Technical controlTechnical audit
Child protection controls
Technical measures protecting children from harmful content and contacts
Questions people ask
- Does IE OSC Online Safety Code, Part B s 12 (paras 12.6-12.9) - Applying the terms apply to my service?
- It applies when Irish Code assessed scope Q_IE_OSC_IN_SCOPE: YES. It does not apply where Paras 12.6, 12.7 and 12.8 (apply the terms; suspend frequent infringers after a prior warning; case-by-case assessment; due regard to fundamental rights) apply only insofar as the consequences for the user are not covered by measures adopted pursuant to... (Coimisiun na Mean Online Safety Code (2024), Part B para 12.9 (and para 13.9 for commercial communications)).
- From when does this apply?
- IE OSC Online Safety Code, Part B s 12 (paras 12.6-12.9) - Applying the terms applies from 21 July 2025. Its current status is: in force.
- What evidence does an auditor expect?
- Child protection policy; Child protection controls.
Find out whether this one lands on you
Landfall's pre-scan answers the applicability question above for your product in minutes, then turns every obligation that applies into traceable engineering tickets with a citation chain your auditors can follow.
Not legal advice. Landfall maps regulatory obligations to engineering work for planning purposes. Its verdicts are not legal advice and create no attorney-client relationship — verify with qualified counsel before relying on them.