PART 7OFCOM's powers and duties in relation to regulated services
CHAPTER 6Enforcement powers
Publication of enforcement action
I1I2149Publication 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Subsections (2) and (3) apply where OFCOM have given a person (and not withdrawn) any of the following—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—
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.