PART 7

OFCOM's powers and duties in relation to regulated services
CHAPTER 6

Enforcement powers

Provisional notices and confirmation decisions

Confirmation decisions: offences
138
1
A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with a requirement imposed by the decision which—
a
is of a kind described in section 133(1), and
b
is imposed (whether or not exclusively) in relation to a failure to comply with a children’s online safety duty.
2
A “children’s online safety duty” means a duty set out in—
a
section 12(3)(a),
b
section 12(3)(b),
c
section 81(2), or
d
section 81(4).
3
A person to whom a confirmation decision is given commits an offence if, without reasonable excuse, the person fails to comply with a CSEA requirement imposed by the decision (see section 133(6) and (7)).
4
A person who commits an offence under this section is liable—
a
on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
b
on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);
c
on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);
d
on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).
S. 138(2)(c)(d) in force at 17.1.2025 by S.I. 2024/1333, reg. 2(1)(e)
S. 138 not in force at Royal Assent, see s. 240(1)
S. 138(1)(2)(a)(b)(3)(4) in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z17)