PART 11Supplementary and general
Liability of providers etc
I1I2196Individuals providing regulated services: liability
1
2
Any duty or requirement imposed on such a provider under any of the provisions specified in subsection (3), or any liability of such a provider to pay a fee under section 84 or Schedule 10, is to be taken to be imposed on, or to be a liability of, all the individuals jointly and severally.
3
The provisions are—
a
Chapter 2 of Part 3 (providers of user-to-user services: duties of care);
b
Chapter 3 of Part 3 (providers of search services: duties of care);
c
Chapter 4 of Part 3 (children’s access assessments);
d
Chapter 5 of Part 3 (duties about fraudulent advertising);
e
Chapter 1 of Part 4 (user identity verification);
f
Chapter 2 of Part 4 (reporting CSEA content);
g
Chapter 3 of Part 4 (terms of service: transparency, accountability and freedom of expression);
h
Chapter 4 of Part 4 (deceased child users);
i
Chapter 5 of Part 4 (transparency reporting);
j
section 81 (provider pornographic content);
k
section 83 (duty to notify OFCOM).
4
A notice in respect of a matter that may or must be given by OFCOM under any provision of this Act may be given—
a
to only one of the individuals,
b
jointly to two or more of them, or
c
jointly to all of them,
but a separate notice may not be given to each of the individuals in respect of the matter.
5
If a penalty notice is given jointly to two or more individuals, those individuals are jointly and severally liable to pay the penalty under it.
6
In subsection (5) a “penalty notice” means—
a
a confirmation decision that imposes a penalty (see sections 132(5)(b) and 137),
b
a penalty notice under section 139,
c
a penalty notice under section 140(5), or
d
a penalty notice under section 141(6).