Part 3A

Prominence on television selection services

Enforcement

Confirmation decisions: general
362AZ1
1
This section applies where—
a
OFCOM have given a provisional notice of contravention to a person in relation to a failure to comply with a duty or duties, and
b
the period allowed for representations has expired.
2
After considering any representations that have been made (and any supporting evidence), OFCOM must decide whether or not to give the person a further notice under this section (a “confirmation decision”).
3
OFCOM may decide to give a person a confirmation decision only if they are satisfied that the person has failed, or has been failing, to comply with the notified duty or (as the case may be) one or more of the notified duties.
4
For the purposes of this section and sections
362AZ2
and
362AZ3
, a “
notified duty
” means a duty specified in the provisional notice of contravention.
5
If OFCOM decide not to give a person a confirmation decision (whether because they are not satisfied as described in
subsection (3)
or for any other reason), they must inform the person of that fact.
6
A confirmation decision must—
a
state that OFCOM are satisfied that the person has failed, or has been failing, to comply with one or more notified duties, and
b
give OFCOM’s reasons for being satisfied as described in
paragraph (a)
.
7
A confirmation decision may require the person to take such steps as OFCOM consider appropriate for either or both of the following purposes—
a
complying with a notified duty or duties;
b
remedying the failure to comply with that duty or those duties.
8
Where a provisional notice of contravention stated that OFCOM proposed to impose a penalty in relation to a notified duty or (by virtue of
section 362AZ
(7)
) in relation to notified duties, a confirmation decision may require the person to pay a penalty, of an amount in sterling determined by OFCOM, in relation to that duty or (as the case may be) those duties.
9
The amount determined by OFCOM under
subsection (8)
may be greater than the amount indicated in the provisional notice of contravention in accordance with
section 362AZ
(5)
(b)
.
10
OFCOM may give a confirmation decision 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))