PART 7OFCOM's powers and duties in relation to regulated services

CHAPTER 6Enforcement powers

Publication of enforcement action

I1I3149Publication by OFCOM of details of enforcement action

1

Subsections (2) and (3) apply where OFCOM have given a person (and not withdrawn) any of the following—

a

a confirmation decision;

b

a penalty notice under section 139;

c

a penalty notice under section 140(5);

d

a penalty notice under section 141(6).

2

OFCOM must publish details identifying the person and describing—

a

the failure (or failures) to which the decision or notice relates, and

b

OFCOM’s response.

3

But OFCOM may not publish anything that, in OFCOM’s opinion—

a

is confidential in accordance with subsections (4) and (5), or

b

is otherwise not appropriate for publication.

4

A matter is confidential under this subsection if—

a

it relates specifically to the affairs of a particular body, and

b

publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

5

A matter is confidential under this subsection if—

a

it relates to the private affairs of an individual, and

b

publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

6

Where OFCOM have given a person a provisional notice of contravention but have not given the person a confirmation decision, OFCOM may publish details identifying the person and describing the reasons for the provisional notice.

7

OFCOM must notify the person concerned that information has been published under this section.

I2I4150Publication by providers of details of enforcement action

1

This section applies where—

a

OFCOM have given a person (and not withdrawn) any of the following—

i

a confirmation decision;

ii

a penalty notice under section 139;

iii

a penalty notice under section 140(5);

iv

a penalty notice under section 141(6), and

b

the appeal period in relation to the decision or notice has ended.

2

OFCOM may give to the person a notice (a “publication notice”) requiring the person to—

a

publish details describing—

i

the failure (or failures) to which the decision or notice mentioned in subsection (1)(a) relates, and

ii

OFCOM’s response, or

b

otherwise notify users of the service to which the decision or notice mentioned in subsection (1)(a) relates of those details.

3

A publication notice may require a person to publish details under subsection (2)(a) or give notification of details under subsection (2)(b) or both.

4

A publication notice must—

a

specify the decision or notice mentioned in subsection (1)(a) to which it relates,

b

specify or describe the details that must be published or notified,

c

specify the form and manner in which the details must be published or notified,

d

specify a date by which the details must be published or notified, and

e

contain information about the consequences of not complying with the notice.

5

Where a publication notice requires a person to publish details under subsection (2)(a) the notice may also specify a period during which publication in the specified form and manner must continue.

6

Where a publication notice requires a person to give notification of details under subsection (2)(b) the notice may only require that notification to be given to United Kingdom users of the service (see section 227).

7

A publication notice may not require a person to publish or give notification of anything that, in OFCOM’s opinion—

a

is confidential in accordance with subsections (8) and (9), or

b

is otherwise not appropriate for publication or notification.

8

A matter is confidential under this subsection if—

a

it relates specifically to the affairs of a particular body, and

b

publication or notification of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.

9

A matter is confidential under this subsection if—

a

it relates to the private affairs of an individual, and

b

publication or notification of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.

10

A person to whom a publication notice is given has a duty to comply with it.

11

The duty under subsection (10) is enforceable in civil proceedings by OFCOM—

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.

12

For the purposes of subsection (1)(b)the appeal period”, in relation to a decision or notice mentioned in subsection (1)(a), means—

a

the period during which any appeal relating to the decision or notice may be made, or

b

where such an appeal has been made, the period ending with the determination or withdrawal of that appeal.