Textual Amendments
F1Pt. 4B inserted (1.11.2020 for specified purposes, 6.4.2021 in so far as not already in force) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(3)(b), 47 (with Pt. 7)
(1)The appropriate regulatory authority must serve a notice under subsection (2) on a provider of a video-sharing platform service if they are satisfied—
(a)that—
(i)the service has failed to comply with a requirement of section 368Z and that accordingly the provider has contravened section 368Y(1),
(ii)the provider has failed to take a measure which the authority consider to be appropriate in relation to that service for any of the purposes mentioned in section 368Z1(1), or
(iii)the provider has failed to implement such a measure as mentioned in section 368Z1(2);
(b)that the failure is due to, or has resulted in, the inclusion in the service of material likely to encourage or to incite the commission of crime, or to lead to disorder; and
(c)that the contravention or failure is such as to justify the giving of a direction under this section.
(2)A notice under this subsection must—
(a)state that the appropriate regulatory authority are satisfied as mentioned in subsection (1);
(b)give details about the matters which, in their opinion, constitute the contravention or failure in question;
(c)specify the effect of the notice in accordance with subsection (3);
(d)state that the appropriate regulatory authority may give a direction under this section after the end of the period of 21 days beginning with the day on which the notice is served on the provider; and
(e)inform the provider of the provider’s right to make representations to the appropriate regulatory authority within that period about the matters appearing to the appropriate regulatory authority to provide grounds for giving a direction under this section.
(3)A notice under subsection (2) has the effect specified under subsection (2)(c), which may be either—
(a)that the entitlement of the provider to provide a video-sharing platform service is suspended (either generally or in relation to a particular service), or
(b)that that entitlement is restricted in the respects set out in the notice.
(4)The suspension or restriction has effect as from the time when the notice is served on the provider until either—
(a)a direction given under this section takes effect; or
(b)the appropriate regulatory authority decide not to give such a direction.
(5)If, after considering any representations made to them by the provider within the period mentioned in subsection (2)(d), the appropriate regulatory authority are satisfied that it is necessary in the public interest to give a direction under this section, they must give such of the following as appears to them justified as mentioned in subsection (1)(c)—
(a)a direction that the entitlement of the provider to provide a video-sharing platform service is suspended (either generally or in relation to a particular service);
(b)a direction that that entitlement is restricted in the respects set out in the direction.]