Textual Amendments
F1Pt. 4B inserted (1.11.2020 for specified purposes) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(3)(b), 47 (with Pt. 7)
(1)Where the appropriate regulatory authority determine that a provider of a video-sharing platform service—
(a)has failed to take a measure set out in Schedule 15A which the authority consider to be appropriate in relation to that service for any of the purposes mentioned in subsection (1) of section 368Z1, or
(b)has failed to comply with subsection (2) of that section,
the authority may take one or both of the actions mentioned in subsection (2).
(2)The actions are—
(a)give the provider an enforcement notification under this section;
(b)impose a financial penalty on the provider in accordance with section 368Z4.
(3)The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a failure mentioned in paragraph (a) or (b) of subsection (1) is occurring or has occurred and they have allowed the provider an opportunity to make representations about that apparent failure.
(4)An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) and imposes requirements on the provider to take such steps for complying with section 368Z1(1) or (2) and for remedying the failure as may be specified in the notification.
(5)The requirements specified in an enforcement notification may in particular include requirements to do one or more of the following—
(a)cease providing or restrict access to—
(i)a specified video, or
(ii)videos of a specified description;
(b)cease showing or restrict access to—
(i)a specified audiovisual commercial communication, or
(ii)audiovisual commercial communications of a specified description;
(c)provide additional information about the content of a specified video or videos of a specified description prior to the selection of that video or a video of that description by an individual for viewing;
(d)provide additional information about the content of a specified audiovisual commercial communication or audiovisual commercial communications of a specified description included in or accompanying a video prior to the selection of that video by an individual for viewing;
(e)take a specified measure set out in Schedule 15A that the appropriate regulatory authority consider to be appropriate for any of the purposes mentioned in section 368Z1(1);
(f)make specified changes to the way in which a provider implements a measure set out in Schedule 15A;
(g)show a video or an audiovisual commercial communication on the service only with specified modifications; or
(h)publish a statement of the findings of the appropriate regulatory authority in the form and place and for the time period specified.
(6)An enforcement notification must—
(a)include reasons for the appropriate regulatory authority’s decision to give the enforcement notification, and
(b)fix a reasonable period for taking the steps required by the notification.
(7)Where a person is required by an enforcement notification to publish a statement of findings, the person may publish with the statement of findings a statement that it is published in pursuance of the enforcement notification.
(8)It is the duty of a person to whom an enforcement notification has been given to comply with it.
(9)That duty is enforceable in civil proceedings by the appropriate regulatory authority—
(a)for an injunction;
(b)for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or
(c)for any other appropriate remedy or relief.
(10)If a person to whom an enforcement notification has been given does not comply with it within the period fixed by the appropriate regulatory authority in that enforcement notification, the appropriate regulatory authority may impose a financial penalty on that person in accordance with section 368Z4.]