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Subsections (2) and (3) apply where OFCOM have given a person (and not withdrawn) any of the following—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

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.