Textual Amendments
F1Pt. 4B inserted (1.11.2020 for specified purposes, 6.4.2021 in so far as not already in force) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(3)(b), 47 (with Pt. 7)
(1)The appropriate regulatory authority must serve a notice under subsection (2) on a provider of a video-sharing platform service if they are satisfied—
(a)that the provider—
(i)has contravened section 368V, 368Y or 368Z1(6) or (7),
(ii)has failed to take a measure which the authority consider to be appropriate in relation to that service for any of the purposes mentioned in section 368Z1(1), or
(iii)has failed to implement such a measure as mentioned in section 368Z1(2);
(b)that the imposition of one or more financial penalties or enforcement notifications under section 368W, 368Z2 or 368Z3 has not resulted in the remedying of the contravention or failure in question; and
(c)that the giving of a direction under this section would be appropriate and proportionate to the seriousness of the contravention or failure.
(2)A notice under this subsection must—
(a)state that the appropriate regulatory authority are satisfied as mentioned in subsection (1);
(b)state the reasons why they are satisfied as mentioned in subsection (1);
(c)state that the appropriate regulatory authority will give a direction under this section unless the provider takes, within a period specified in the notice, such steps to remedy the contravention or failure within subsection (1)(a) as are so specified;
(d)specify any conditions that the appropriate regulatory authority propose to impose in the proposed direction under section 368Z7(5)(b); and
(e)inform the provider that the provider has the right to make representations to the appropriate regulatory authority about the matters appearing to the authority to provide grounds for giving the proposed direction within the period specified for the purposes of paragraph (c).
(3)If, after considering any representations made to them by the provider within that period, the appropriate regulatory authority are satisfied that the provider has failed to take the steps specified in the notice for remedying the contravention or failure and that it is necessary in the public interest to give a direction under this section, the appropriate regulatory authority must give such of the following as appears to them appropriate and proportionate as mentioned in subsection (1)(c)—
(a)a direction that the entitlement of the provider to provide a video-sharing platform service is suspended (either generally or in relation to a particular service);
(b)a direction that that entitlement is restricted in the respects set out in the direction.
(1)The appropriate regulatory authority must serve a notice under subsection (2) on a provider of a video-sharing platform service if they are satisfied—
(a)that—
(i)the service has failed to comply with a requirement of section 368Z and that accordingly the provider has contravened section 368Y(1),
(ii)the provider has failed to take a measure which the authority consider to be appropriate in relation to that service for any of the purposes mentioned in section 368Z1(1), or
(iii)the provider has failed to implement such a measure as mentioned in section 368Z1(2);
(b)that the failure is due to, or has resulted in, the inclusion in the service of material likely to encourage or to incite the commission of crime, or to lead to disorder; and
(c)that the contravention or failure is such as to justify the giving of a direction under this section.
(2)A notice under this subsection must—
(a)state that the appropriate regulatory authority are satisfied as mentioned in subsection (1);
(b)give details about the matters which, in their opinion, constitute the contravention or failure in question;
(c)specify the effect of the notice in accordance with subsection (3);
(d)state that the appropriate regulatory authority may give a direction under this section after the end of the period of 21 days beginning with the day on which the notice is served on the provider; and
(e)inform the provider of the provider’s right to make representations to the appropriate regulatory authority within that period about the matters appearing to the appropriate regulatory authority to provide grounds for giving a direction under this section.
(3)A notice under subsection (2) has the effect specified under subsection (2)(c), which may be either—
(a)that the entitlement of the provider to provide a video-sharing platform service is suspended (either generally or in relation to a particular service), or
(b)that that entitlement is restricted in the respects set out in the notice.
(4)The suspension or restriction has effect as from the time when the notice is served on the provider until either—
(a)a direction given under this section takes effect; or
(b)the appropriate regulatory authority decide not to give such a direction.
(5)If, after considering any representations made to them by the provider within the period mentioned in subsection (2)(d), the appropriate regulatory authority are satisfied that it is necessary in the public interest to give a direction under this section, they must give such of the following as appears to them justified as mentioned in subsection (1)(c)—
(a)a direction that the entitlement of the provider to provide a video-sharing platform service is suspended (either generally or in relation to a particular service);
(b)a direction that that entitlement is restricted in the respects set out in the direction.
(1)This section applies to a direction given to a provider under section 368Z5 or 368Z6.
(2)A direction must specify the service to which it relates or specify that it relates to any video-sharing platform service provided or to be provided by the provider.
(3)A direction, except so far as it otherwise provides, takes effect for an indefinite period beginning with the time at which it is notified to the provider.
(4)A direction under section 368Z6 must specify a time for it to take effect, and that time must not fall before the end of 28 days beginning with the day on which the direction is notified to the provider.
(5)A direction—
(a)may provide for the effect of a suspension or restriction to be postponed by specifying that it takes effect only at a time determined by or in accordance with the terms of the direction; and
(b)in connection with the suspension or restriction contained in the direction or with the postponement of its effect, may impose such conditions on the provider as appear to the appropriate regulatory authority to be appropriate for the purpose of protecting individuals using the provider’s service.
(6)If the appropriate regulatory authority consider it appropriate to do so (whether or not in consequence of representations or proposals made to them), they may revoke a direction or modify its conditions—
(a)with effect from such time as they may direct;
(b)subject to compliance with such requirements as they may specify; and
(c)to such extent and in relation to such services as they may determine.
(1)A person (“P”) is guilty of an offence if P provides a video-sharing platform service—
(a)while P’s entitlement to do so is suspended by a direction under section 368Z5 or 368Z6, or
(b)in contravention of a restriction contained in such a direction.
(2)A person guilty of an offence under this section is liable—
(a)on summary conviction—
(i)in England and Wales, to a fine;
(ii)in Scotland, to a fine not exceeding £5,000;
(iii)in Northern Ireland, to a fine not exceeding the statutory maximum;
(b)on conviction on indictment, to a fine.]