the person has been given an information notice and OFCOM consider that there are reasonable grounds for believing that the person has failed, or is failing, to comply with either of the duties set out in section 102(8) (duties in relation to information notices), or

the person is required by a skilled person appointed under section 104 to give assistance to the skilled person, and OFCOM consider that there are reasonable grounds for believing that the person has failed, or is failing, to comply with the duty set out in subsection (7) of that section to give such assistance.

specify the duty or requirement with which (in OFCOM’s opinion) the person has failed, or is failing, to comply, and

give OFCOM’s reasons for their opinion that the person has failed, or is failing, to comply with it.

comply with the duty or requirement, or

remedy the failure to comply with it.

state the reasons why OFCOM propose to impose a penalty,

state whether OFCOM propose to impose a penalty of a single amount, a penalty calculated by reference to a daily rate, or both penalties (see section 137(1)),

indicate the amount of a penalty that OFCOM propose to impose, including (in relation to a penalty calculated by reference to a daily rate) the daily rate and how the penalty would be calculated,

in relation to a penalty calculated by reference to a daily rate, specify or describe the period for which OFCOM propose that the penalty should be payable, and

state the reasons for proposing a penalty of that amount, including any aggravating or mitigating factors that OFCOM propose to take into account.

state that the person may make representations to OFCOM (with any supporting evidence) about the matters contained in the notice, and

specify the period within which such representations may be made.

in respect of a separate instance of the failure after the first notice was given,

where a period was specified in the first notice in accordance with subsection (10), in respect of the continuation of the failure after the end of that period, or

if the first notice has been withdrawn (without a confirmation decision being given to the person in respect of the failure).

the duties or requirements set out in the provisions of this Act specified in the table in subsection (2), and

the requirements mentioned in subsection (3).

requirements of a notice under section 104(5)(a) to appoint a skilled person;

requirements of a notice given by virtue of section 175(3) (duty to make public statement);

requirements of a notice under section 175(5) (information in connection with circumstances presenting a threat);

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

the period allowed for representations has expired.

require the person to take steps as mentioned in section 133;

require the person to pay a penalty as mentioned in section 137;

require the person to do both those things (or neither of them).

complying with a notified requirement;

remedying the failure to comply with a notified requirement.

in the United Kingdom, or

as it affects United Kingdom users of the service.

specify the steps that are required,

give OFCOM’s reasons for their decision to impose those requirements,

specify which of those requirements (if any) have been designated as CSEA requirements (see subsections (6) and (7)),

specify each notified requirement to which the steps relate,

specify the period during which the failure to comply with a notified requirement has occurred, and whether the failure is continuing,

specify a reasonable period within which each of the steps specified in the decision must be taken or, if a step requires the use of a system or process, a reasonable period within which the system or process must begin to be used (but see subsection (5) in relation to information duties),

(if relevant) specify the period for which a system or process must be used,

contain details of the rights of appeal under section 168, and

contain information about the consequences of not complying with the requirements included in the decision (including information about the further kinds of enforcement action that it would be open to OFCOM to take).

a failure to comply with section 10(2)(a) or (3)(a) in respect of CSEA content, or in respect of priority illegal content which includes CSEA content;

a failure to comply with section 10(2)(b) in respect of an offence specified in Schedule 6 (CSEA offences), or in respect of priority offences which include such an offence.

for an injunction,

for specific performance of a statutory duty under section 45 of the Court of Session Act 1988, or

for any other appropriate remedy or relief.

OFCOM are satisfied that a provider of a Part 3 service has failed to comply with a risk assessment duty,

based on evidence resulting from OFCOM’s investigation into that failure, OFCOM have identified a risk of serious harm to individuals in the United Kingdom arising from a particular aspect of the service (“the identified risk”), and

OFCOM consider that the identified risk is not effectively mitigated or managed.

if the identified risk relates to matters required to be covered by an illegal content risk assessment, may include a determination that the duty set out in section 10(2)(b) or (c) or 27(2) (as the case may be) applies as if an illegal content risk assessment carried out by the provider had identified that risk;

if the identified risk relates to matters required to be covered by a children’s risk assessment, may include a determination that the duty set out in section 12(2)(a) or 29(2)(a) (as the case may be) applies as if a children’s risk assessment carried out by the provider had identified that risk.

give details of the identified risk,

specify the duty to which the determination relates, and

specify the date by which measures (at the provider’s discretion) to comply with that duty must be taken or must begin to be used.

it is possible for children to access the service or a part of it, and

provision about the circumstances in which that determination may be treated as no longer applying in relation to the service.

the decision is given to the provider of an internet service within section 80(2), and

the decision is imposed for the purpose of complying with, or remedying the failure to comply with, the duty set out in section 81(2) (provider pornographic content).

section 10(2) or (3) (illegal content),

section 12(2) or (3) (children’s online safety),

section 27(2) or (3) (illegal content),

section 29(2) or (3) (children’s online safety), or

section 38(1) or 39(1) (fraudulent advertising).

user-generated content communicated publicly, and

metadata relating to user-generated content communicated publicly.

the kind of service it is;

the functionalities of the service;

the user base of the service;

the prevalence of relevant content on the service and the extent of its dissemination by means of the service, or (as the case may be) the prevalence of search content of the service that is relevant content;

the level of risk of harm to individuals in the United Kingdom presented by relevant content present on the service, or (as the case may be) search content of the service that is relevant content, and the severity of that harm;

the degree of accuracy, effectiveness and lack of bias achieved by the kind of technology specified in the decision;

the extent to which the use of the kind of proactive technology specified in the decision would or might result in interference with users’ right to freedom of expression within the law;

the level of risk of the use of the kind of proactive technology specified in the decision resulting in a breach of any statutory provision or rule of law concerning privacy that is relevant to the use or operation of the service (including, but not limited to, any such provision or rule concerning the processing of personal data);

whether the use of any less intrusive measures than the proactive technology specified in the decision would be likely to result in compliance with, or would be likely to effectively remedy the failure to comply with, the duty in question.

pay to OFCOM a penalty of a single amount in sterling determined by OFCOM (a “single penalty”) and specified in the confirmation decision;

if the confirmation decision includes a requirement of the kind described in section 133(1)(a) in respect of a continuous failure to comply with a notified requirement, pay a daily rate penalty to OFCOM if that same failure continues after the compliance date.

give OFCOM’s reasons for their decision to impose the penalty,

specify each notified requirement to which the penalty relates,

specify the period during which the failure to comply with a notified requirement has occurred, and whether the failure is continuing,

state the reasons for the amount of the penalty, including any aggravating or mitigating factors that OFCOM have taken into account,

specify a reasonable period within which the penalty must be paid,

contain details of the rights of appeal under section 168, and

contain information about the consequences of not paying the penalty (including information about the further kinds of enforcement action that it would be open to OFCOM to take).

state the daily rate of the penalty and how the penalty is calculated;

state that the person will be liable to pay the penalty if that same failure continues after the compliance date;

state the date from which the penalty begins to be payable, which must not be earlier than the day after the compliance date;

is of a kind described in section 133(1), and

is imposed (whether or not exclusively) in relation to a failure to comply with a children’s online safety duty.

section 12(3)(a),

section 12(3)(b),

section 81(2), or

section 81(4).

on summary conviction in England and Wales, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);

on summary conviction in Scotland, to imprisonment for a term not exceeding 12 months or a fine not exceeding the statutory maximum (or both);

on summary conviction in Northern Ireland, to imprisonment for a term not exceeding 6 months or a fine not exceeding the statutory maximum (or both);

on conviction on indictment, to imprisonment for a term not exceeding 2 years or a fine (or both).