Part 3A

Prominence on television selection services

Enforcement

Provisional notices of contravention
362AZ
1
OFCOM may give a notice under this section (a “provisional notice of contravention”) to a person if they consider that there are reasonable grounds for believing that the person has failed, or is failing, to comply with—
a
any duty under
section 362AD
,
362AJ
or
362AN
(duties of providers of designated internet programme services under this Part), or
b
any duty under
section 362AH
,
362AK
or
362AO
(duties of providers of regulated television selection services under this Part).
2
OFCOM may also give a provisional notice of contravention to a person to whom an information notice has been given if they consider that there are reasonable grounds for believing that the person has failed, or is failing, to comply with the duty under
section 362AS
(9)
.
3
A provisional notice of contravention must—
a
specify the duty as regards which (in OFCOM’s opinion) there are reasonable grounds for believing the person has failed, or is failing, to comply, and
b
give OFCOM’s reasons for that opinion.
4
A provisional notice of contravention may also specify steps that OFCOM consider the person needs to take in order to—
a
comply with the duty, or
b
remedy the failure to comply with it.
5
A provisional notice of contravention may also state that OFCOM propose to impose a penalty on the person and, in such a case, the notice must—
a
give OFCOM’s reasons for proposing to impose the penalty,
b
indicate the amount in sterling of the penalty that is being proposed, and
c
give OFCOM’s reasons for proposing a penalty of that amount, including any aggravating or mitigating factors that OFCOM propose to take into account.
6
A provisional notice of contravention must—
a
state that the person may make representations to OFCOM (with any supporting evidence) about the matters contained in the notice, and
b
specify the period within which such representations may be made.
7
A provisional notice of contravention may be given in respect of a failure by the same person to comply with more than one duty and, in such a case, the notice may include a proposal to impose a single penalty in respect of some or all of those duties (as an alternative to separate penalties).
8
Where a provisional notice of contravention is given in respect of a continuing failure to comply with a duty, the notice—
a
may be given in respect of any period during which the failure has continued,
b
must specify that period, and
c
may include a proposal to impose no more than one penalty in respect of that period.
9
Where a provisional notice of contravention is given to a person in respect of a failure to comply with a duty, a further provisional notice of contravention in respect of a failure to comply with that same duty may be given to that person only—
a
in respect of a separate instance of the failure that occurs after the first notice is given,
b
where a period is specified in the first notice in accordance with
subsection (8)
(b)
, in respect of the continuation of the failure after the end of that period, or
c
if the notice is withdrawn without a confirmation decision under
section 362AZ1
having been given to the person in respect of that failure.
10
OFCOM may give a provisional notice of contravention to—
a
a person who was but is no longer a provider of a regulated television selection service, or
b
a person who was but is no longer a provider of a designated internet programme service,
if that person was a provider of a regulated television selection service or (as the case may be) a designated internet programme service at the time of the failure to which the notice relates.
Pt. 3A inserted (24.5.2024 for specified purposes, 23.8.2024 except for the insertion of ss. 362AA(1)(a)(c)(5)(8), 362AJ, 362AK, 362AO) by Media Act 2024 (c. 15), ss. 28(1), 55(1)(a); S.I. 2024/858, reg. 2(1)(h) (with reg. 2(2))