# Online Safety Act 2023, Section 132: Confirmation decisions

Extent: E+W+S+N.I.

(1) This section applies if—
(a) OFCOM have given a provisional notice of contravention to a person in relation to a failure to comply with a duty or requirement (or with duties or requirements), and
(b) the period allowed for representations has expired.
A duty or requirement to which the provisional notice of contravention relates is referred to in this section as a “notified requirement”.
(2) If, after considering any representations and evidence, OFCOM decide not to give the person a notice under this section, they must inform the person of that fact.
(3) If OFCOM are satisfied that the person has failed, or has been failing, to comply with a notified requirement, OFCOM may give the person a notice under this section (a “confirmation decision”) confirming that that is OFCOM’s opinion.
(4) A confirmation decision and a notice under section 121(1) may be given in respect of the same failure.
(5) A confirmation decision given to a person may—
(a) require the person to take steps as mentioned in section 133;
(b) require the person to pay a penalty as mentioned in section 137;
(c) require the person to do both those things (or neither of them).
(6) See sections 134 and 135 for further provision which a confirmation decision may include in cases of failure to comply with duties about risk assessments or children’s access assessments.

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Source: https://www.legislation.gov.uk/ukpga/2023/50/section/132 (the official version)
Page: https://openlegislation.uk/online-safety-act-2023/section-132
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.