{
  "url": "https://openlegislation.uk/communications-act-2003/section-130",
  "json_url": "https://openlegislation.uk/communications-act-2003/section-130.json",
  "legislation": "ukpga/2003/21",
  "legislation_title": "Communications Act 2003",
  "legislation_url": "https://openlegislation.uk/communications-act-2003",
  "path": "section/130",
  "kind": "section",
  "number": "130",
  "heading": "Penalties for persistent misuse",
  "text": "(1) This section applies (in addition to section 129) where—\n(a) a person (“the notified misuser”) has been given a notification under section 128;\n(b) OFCOM have allowed the notified misuser an opportunity of making representations about the matters notified; and\n(c) the period allowed for the making of the representations has expired.\n(2) OFCOM may impose a penalty on the notified misuser if he has, in one or more of the notified respects, persistently misused an electronic communications network or electronic communications service.\n(3) OFCOM may also impose a penalty on the notified misuser if he has contravened a requirement of an enforcement notification given in respect of the notified misuse.\n(4) The amount of a penalty imposed is to be such amount not exceeding £2,000,000 as OFCOM determine to be—\n(a) appropriate; and\n(b) proportionate to the misuse in respect of which it is imposed.\n(5) In making that determination OFCOM must have regard to—\n(a) any representations made to them by the notified misuser;\n(b) any steps taken by him for securing that his misuse is brought to an end and is not repeated; and\n(c) any steps taken by him for remedying the consequences of the notified misuse.\n(6) Where OFCOM impose a penalty on a person under this section, they shall—\n(a) notify the person penalised; and\n(b) in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.\n(7) A penalty imposed under this section—\n(a) must be paid to OFCOM; and\n(b) if not paid within the period fixed by them, is to be recoverable by them accordingly.\n(8) It is to be possible for a person to be both liable for an offence under sections 125 to 127 and to have a penalty imposed on him under this section in respect of the same conduct.\n(9) The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (4).\n(10) No order is to be made containing provision authorised by subsection (9) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "F",
      "label": "F1",
      "text": "Word in s. 130(4) substituted (25.9.2010) by Communications Act 2003 (Maximum Penalty for Persistent Misuse of Network or Service) Order 2010 (S.I. 2010/2291), arts. 1, 2(1) (with art. 2(2))"
    },
    {
      "type": "C",
      "label": "C1",
      "text": "Ss. 128-131 modified (31.12.2020) by The Communications Act (e-Commerce) (EU Exit) Regulations 2020 (S.I. 2020/1420), regs. 1, 2"
    },
    {
      "type": "I",
      "label": "I1",
      "text": "S. 130 in force at 25.7.2003 for specified purposes by S.I. 2003/1900, arts. 1(2), 2(1), Sch. 1 (with art. 3) (as amended by S.I. 2003/3142, art. 1(3))"
    },
    {
      "type": "I",
      "label": "I2",
      "text": "S. 130 in force at 29.12.2003 in so far as not already in force by S.I. 2003/3142, art. 3(2) (with art. 11)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/ukpga/2003/21/section/130",
    "retrieved_at": "2026-10-29T09:18:16.154105+00:00",
    "licence": "OGL-UK-3.0",
    "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
    "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
  }
}