48Offence of breaching section 41U.K.
(1)Where any electronic material to which section 41 applies is published in contravention of that section, the following persons are guilty of an offence—
(a)the promoter of the material, and
(b)any person on behalf of whom the material is being published (and who is not the promoter).
(2)A person guilty of an offence under subsection (1) 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.
(3)It is a defence for a person charged with an offence under subsection (1) to prove—
(a)that the contravention arose from circumstances beyond the person’s control, and
(b)that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.
(4)It is a defence for a person charged with an offence under subsection (1) to prove that the person acted in accordance with guidance under section 54.
(5)It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—
(a)the electronic material had previously been published,
(b)the person reasonably believed that when it was previously published—
(i)section 41 applied to it, and
(ii)it was published in compliance with that section, and
(c)it was not materially altered when it was republished.
(6)In subsection (5)(c) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—
(a)the information within section 41(3), or
(b)the access to such information,
as a result of which the person reasonably believed its previous publication complied with section 41.
(7)The court by or before which a person is convicted of an offence under subsection (1) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.
(8)This section is subject to Schedule 11, which provides for certain persons who would otherwise be guilty of an offence under this section to be guilty of an illegal practice.
(9)See also section 49, which makes provision about the removal etc of electronic material in the event of a conviction under this section.
Commencement Information
I1S. 48 not in force at Royal Assent, see s. 67(1)
I2S. 48 in force at 1.11.2023 by S.I. 2023/1145, reg. 3(f) (with Sch. para. 10)