Clause 43

If any obscene object is sold, let for hire, distributed, publicly exhibited or circulated to 10 or more individuals on an online location, any person —

who (whether or not the person provides an online service on or through which the online location can be accessed) —

develops and maintains the online location;

organises, manages or supervises the use of the online location;

manages or regulates membership of, or access to, the online location; or

has the authority to decide whether any material may be included or excluded on the online location, or where to place the material on the online location or otherwise exercise editorial control over the online location; and

who, in doing the act mentioned in paragraph (a), intended that the online location be used to enable or facilitate the sale, hire, distribution, public exhibition or circulation of obscene objects generally,shall be guilty of an offence and shall be punished with imprisonment for a term which may extend to 5 years, and shall also be liable to fine.(2) A person who is guilty of an offence under subsection (1) in the case where the obscene object mentioned in that subsection depicts an image of a person who is, or who appears to a reasonable observer to be, or who is implied to be, below 18 years of age shall be punished with imprisonment for a term which may extend to 7 years, and shall also be liable to fine.(3) In this section —“online location” means any internet domain, website, webpage, chatroom, channel, group, forum or any other location, that can be accessed by means of the Internet;“online service” means the whole or any part of any service on or through which online activity can be conducted and which can be accessed by means of the Internet.”.