Part 6

Information to be included with electronic material

Enforcement

Order to take down electronic material in breach of section 41
49
1
This section applies if, in respect of any electronic material, a person is convicted of—
a
an offence under section 48(1), or
b
an illegal practice by virtue of Schedule 11.
2
The court by or before which the person is convicted of the offence or illegal practice may order a person by whom the electronic material is published to take the action specified in the order to remove the material, or to disable access to it, before the end of the period specified in the order.
3
Where an order is made under subsection (2), the person to whom it applies has the same right of appeal against it as if—
a
the person had committed the offence under section 48(1) or (as the case may be) the illegal practice, and
b
the order were a sentence passed on the person for the offence or illegal practice.
4
A person to whom an order under subsection (2) applies commits an offence if, without reasonable excuse, the person fails to comply with the order.
5
A person guilty of an offence under subsection (4) is liable—
a
on summary conviction in England and Wales, to a fine;
b
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
6
The court by or before which a person is convicted of an offence under subsection (4) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.
S. 49 in force at 1.11.2023 by S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)
S. 49 not in force at Royal Assent, see s. 67(1)