Section 368I Enforcement of service providers’ principal duties

F1Where the appropriate regulatory authority determine that a provider of an on-demand programme service is contravening or has contravened F2section 368CB or section 368D F3, or that a provider of a non-UK on-demand programme service that is a Tier 1 service is contravening or has contravened section 368D, they may do one or both of the following—

F4Where OFCOM (as the appropriate regulatory authority) determine that a provider of a Tier 1 service is contravening or has contravened section 368HC, 368HJ(1), 368HK(2) or 368HP, they may do one or both of the following—

The appropriate regulatory authority must not make a determination as mentioned in subsection (1) F5or (1A) unless there are reasonable grounds for believing that a contravention of F6section 368CB or section 368D F7or (as the case may be) section 368HC, 368HJ(1), 368HK(2) or 368HP is occurring or has occurred and they have allowed the provider an opportunity to make representations about that apparent contravention.

An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) F8or (1A) and imposes requirements on the provider to take such steps for complying with F9section 368CB or section 368D F10or (as the case may be) section 368HC, 368HJ(1), 368HK(2) or 368HP and for remedying the consequences of the contravention F11... as may be specified in the notification.

The requirements specified in an enforcement notification may in particular include requirements to do one or more of the following—

An enforcement notification must—

Where a provider is required by an enforcement notification to publish a correction or a statement of findings, the provider may publish with the correction or statement of findings a statement that it is published in pursuance of the enforcement notification.

It is the duty of a provider to whom an enforcement notification has been given to comply with it.

That duty is enforceable in civil proceedings by the appropriate regulatory authority—

F12Subsection (8) applies whether or not the provider is in the United Kingdom.

If a provider to whom an enforcement notification has been given does not comply with it within the period fixed by the appropriate regulatory authority in that enforcement notification the appropriate regulatory authority may impose a financial penalty on that provider in accordance with section 368J.

F13A financial penalty may not be imposed on a provider of an on-demand programme service F14, or a non-UK on-demand programme service that is a Tier 1 service, under subsection (1) F15, (1A) or (9) in respect of an act or omission if the provider has been convicted of a criminal offence in respect of that act or omission.