PART 4B

VIDEO-SHARING PLATFORM SERVICES

Enforcement

Enforcement of sections 368Y and 368Z1(6) and (7)
368Z2
1
Where the appropriate regulatory authority determine that a provider of a video-sharing platform service is contravening or has contravened section 368Y or 368Z1(6) or (7) they may do one or both of the following—
a
give the provider an enforcement notification under this section;
b
impose a financial penalty on the provider in accordance with section 368Z4.
2
The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a contravention of section 368Y or 368Z1(6) or (7) is occurring or has occurred and they have allowed the provider an opportunity to make representations about that apparent contravention.
3
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 368Y or 368Z1(6) or (7) and for remedying the consequences of the contravention as may be specified in the notification.
4
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 an out-of-court procedure of a specified description for resolving disputes between the provider and a person using the service;
e
show an audiovisual commercial communication marketed, sold or arranged by the provider on the service only with specified modifications; or
f
publish a statement of the findings of the appropriate regulatory authority in the form and place and for the time period specified.
5
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.
6
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.
7
It is the duty of a person to whom an enforcement notification has been given to comply with it.
8
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.
9
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.
Pt. 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)