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Digital Markets, Competition and Consumers Act 2024

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This is the original version (as it was originally enacted).

162Interim online interface orders
This section has no associated Explanatory Notes

(1)The court may make an interim online interface order against a person (“the respondent”) on an application under section 160 if—

(a)it is alleged that there has been or is likely to be a relevant infringement,

(b)it appears to the court that if the application had been an application for an online interface order it would be likely to be granted, and

(c)the court considers it expedient to bring about the cessation or prohibition of the infringement immediately.

(2)If no notice of the application has been given to the respondent—

(a)the application must state why no notice has been given, and

(b)the court may make the order only if it considers it appropriate for the order to be made without notice.

(3)An interim online interface order is an order that directs the respondent to do, or to co-operate with another person so that person can do, one or more of the following—

(a)remove content from, or modify content on, an online interface;

(b)disable or restrict access to an online interface;

(c)display a warning to consumers accessing an online interface;

(d)delete a fully qualified domain name and take any steps necessary to facilitate the registration of that domain name by the public designated enforcer that applied for the order.

In this subsectiononline interface” has the meaning given by section 161(5).

(4)An application for an interim online interface order against the respondent may not be made at any time after—

(a)an application for an online interface order against the respondent in respect of the same relevant infringement is determined, or

(b)an online interface notice in respect of the same relevant infringement has been given to the respondent (see section 184).

(5)An application for an interim online interface order must include all information known to the public designated enforcer making the application that is material to the question of whether or not the application is granted.

(6)The court may vary or discharge an interim online interface order on the application of the enforcer that applied for the order or the respondent.

(7)An interim online interface order against the respondent is discharged on the determination of—

(a)an application for an online interface order made against the respondent in respect of the same relevant infringement, or

(b)an online interface notice in respect of the same relevant infringement has been given to the respondent.

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