# Online Safety Act 2023, Section 149: Publication by OFCOM of details of enforcement action

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

(1) Subsections (2) and (3) apply where OFCOM have given a person (and not withdrawn) any of the following—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

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Source: https://www.legislation.gov.uk/ukpga/2023/50/section/149 (the official version)
Page: https://openlegislation.uk/online-safety-act-2023/section-149
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.