Part 2

Networks, services and the radio spectrum
Chapter 1

Electronic communications networks and services

Online infringement of copyright: obligations of internet service providers

Enforcement of obligations
124L
1
Sections 94 to 96 apply in relation to a contravention of an initial obligation or a technical obligation, or a contravention of an obligation under section 124G(6), as they apply in relation to a contravention of a condition set out under section 45.
2
The amount of the penalty imposed under section 96 as applied by this section is to be such amount not exceeding £250,000 as
OFCOM
determine to be—
a
appropriate; and
b
proportionate to the contravention in respect of which it is imposed.
3
In making that determination
OFCOM
must have regard to—
a
any representations made to them by the internet service provider or copyright owner on whom the penalty is imposed;
b
any steps taken by the provider or owner towards complying with the obligations contraventions of which have been notified to the provider or owner under section 94 (as applied); and
c
any steps taken by the provider or owner for remedying the consequences of those contraventions.
4
The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (2).
5
No order is to be made containing provision authorised by subsection (4) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
S. 124A and cross-heading inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 3, 47(1)
S. 124L inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 14, 47(1)