Online Safety Act 2023 (c. 50)

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

CHAPTER 6 U.K. Enforcement powers

Provisional notices and confirmation decisions U.K.

138 Confirmation decisions: offences U.K.

(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).

Commencement Information

I1 S. 138 not in force at Royal Assent, see s. 240(1)

I2 S. 138(1)(2)(a)(b)(3)(4) in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z17)