Part 6Information to be included with electronic material
Enforcement
I1I248Offence of breaching section 41
1
Where any electronic material to which section 41 applies is published in contravention of that section, the following persons are guilty of an offence—
a
the promoter of the material, and
b
any person on behalf of whom the material is being published (and who is not the promoter).
2
A person guilty of an offence under subsection (1) is liable—
a
on summary conviction in England and Wales, to a fine;
b
on summary conviction in Scotland or Northern Ireland, to a fine not exceeding level 5 on the standard scale.
3
It is a defence for a person charged with an offence under subsection (1) to prove—
a
that the contravention arose from circumstances beyond the person’s control, and
b
that the person took all reasonable steps, and exercised all due diligence, to ensure that the contravention would not arise.
4
It is a defence for a person charged with an offence under subsection (1) to prove that the person acted in accordance with guidance under section 54.
5
It is a defence for a person charged with an offence under subsection (1) in relation to the republication of electronic material to prove that—
a
the electronic material had previously been published,
b
the person reasonably believed that when it was previously published—
i
section 41 applied to it, and
ii
it was published in compliance with that section, and
c
it was not materially altered when it was republished.
6
In subsection (5)(c) the reference to electronic material not being materially altered includes a reference to the electronic material retaining—
a
the information within section 41(3), or
b
the access to such information,
as a result of which the person reasonably believed its previous publication complied with section 41.
7
The court by or before which a person is convicted of an offence under subsection (1) must notify the Commission of the person’s conviction and the sentence imposed on the conviction as soon as is practicable.
8
This section is subject to Schedule 11, which provides for certain persons who would otherwise be guilty of an offence under this section to be guilty of an illegal practice.
9
See also section 49, which makes provision about the removal etc of electronic material in the event of a conviction under this section.