Online Safety Act 2023

132 Confirmation decisions

(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.