Online Safety Act 2023

111 Offences in connection with notices under Schedule 12 U.K.

(1) A person commits an offence if the person fails without reasonable excuse to comply with a requirement of an audit notice.

(2) A person commits an offence if, in response to an audit notice—

(a) the person provides information that is false in a material respect, and

(b) at the time the person provides it, the person knows that it is false in a material respect or is reckless as to whether it is false in a material respect.

(3) A person commits an offence if—

(a) the person suppresses, destroys or alters, or causes or permits the suppression, destruction or alteration of, any information required to be provided, or document required to be produced, by a notice to which this subsection applies, and

(b) the person’s intention was to prevent OFCOM from being provided with the information or document or (as the case may be) from being provided with it as it was before the alteration.

(4) The reference in subsection (3) to suppressing information or a document includes a reference to destroying the means of reproducing information recorded otherwise than in a legible form.

(5) Subsection (3) applies to—

(a) a notice under paragraph 3 of Schedule 12 (information required for inspection), and

(b) an audit notice (see paragraph 4 of that Schedule).

(6) If a person is convicted of an offence under this section, the court may, on an application by the prosecutor, make an order requiring the person, within such period as may be specified by the order, to comply with a requirement of a notice under paragraph 3 of Schedule 12 or an audit notice (as the case may be).

Commencement Information

I1 S. 111 not in force at Royal Assent, see s. 240(1)

I2 S. 111 in force at 10.1.2024 by S.I. 2023/1420, reg. 2(z11)