[F1 PART 4B U.K. VIDEO-SHARING PLATFORM SERVICES

Textual Amendments

F1 Pt. 4B inserted (1.11.2020 for specified purposes, 6.4.2021 in so far as not already in force) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(3)(b), 47 (with Pt. 7)

Notification by providers U.K.

368V Advance notification to appropriate regulatory authority U.K.

(1) A person must not provide a video-sharing platform service unless, before beginning to provide it, that person has given a notification to the appropriate regulatory authority of the person’s intention to provide that service.

(2) A person who has given a notification for the purposes of subsection (1) must, before—

(a) providing the notified service with any significant differences; or

(b) ceasing to provide it,

give a notification to the appropriate regulatory authority of the differences or (as the case may be) of the intention to cease to provide the service.

(3) A notification for the purposes of this section must—

(a) be sent to the appropriate regulatory authority in such manner as the authority may require; and

(b) contain all such information as the authority may require.

(4) In this section, “significant differences” includes any change that may affect [F2 whether or not the person has the required connection with the United Kingdom under section 368S(2)(d)].

Textual Amendments

F2 Words in s. 368V(4) substituted (10.1.2024) by Online Safety Act 2023 (c. 50), s. 240(1), Sch. 16 para. 3; S.I. 2023/1420, reg. 2(z28)

368W Enforcement of section 368V U.K.

(1) Where the appropriate regulatory authority determine that a provider of a video-sharing platform service has contravened section 368V, they may do one or both of the following—

(a) give the provider an enforcement notification under this section;

(b) impose a financial penalty on the provider in accordance with section 368Z4.

(2) The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a contravention of section 368V has occurred and they have allowed the provider an opportunity to make representations about that apparent contravention.

(3) An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) and imposes a requirement on the provider to take all such steps for remedying the contravention of section 368V as may be specified in the notification.

(4) An enforcement notification must—

(a) include reasons for the appropriate regulatory authority’s decision to give the enforcement notification, and

(b) fix a reasonable period for taking the steps required by the notification.

(5) It is the duty of a person to whom an enforcement notification has been given to comply with it.

(6) That duty is enforceable in civil proceedings by the appropriate regulatory authority—

(a) for an injunction;

(b) for specific performance of a statutory duty under section 45 of the Court of Session Act 1988; or

(c) for any other appropriate remedy or relief.]