PART 7OFCOM's powers and duties in relation to regulated services
CHAPTER 6Enforcement powers
Publication of enforcement action
I1I3149Publication by OFCOM of details of enforcement action
1
Subsections (2) and (3) apply where OFCOM have given a person (and not withdrawn) any of the following—
a
a confirmation decision;
b
a penalty notice under section 139;
c
a penalty notice under section 140(5);
d
a penalty notice under section 141(6).
2
OFCOM must publish details identifying the person and describing—
a
the failure (or failures) to which the decision or notice relates, and
b
OFCOM’s response.
3
But OFCOM may not publish anything that, in OFCOM’s opinion—
b
is otherwise not appropriate for publication.
4
A matter is confidential under this subsection if—
a
it relates specifically to the affairs of a particular body, and
b
publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.
5
A matter is confidential under this subsection if—
a
it relates to the private affairs of an individual, and
b
publication of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.
6
Where OFCOM have given a person a provisional notice of contravention but have not given the person a confirmation decision, OFCOM may publish details identifying the person and describing the reasons for the provisional notice.
7
OFCOM must notify the person concerned that information has been published under this section.
I2I4150Publication by providers of details of enforcement action
1
This section applies where—
a
OFCOM have given a person (and not withdrawn) any of the following—
i
a confirmation decision;
ii
a penalty notice under section 139;
iii
a penalty notice under section 140(5);
iv
a penalty notice under section 141(6), and
b
the appeal period in relation to the decision or notice has ended.
2
OFCOM may give to the person a notice (a “publication notice”) requiring the person to—
a
publish details describing—
i
the failure (or failures) to which the decision or notice mentioned in subsection (1)(a) relates, and
ii
OFCOM’s response, or
b
otherwise notify users of the service to which the decision or notice mentioned in subsection (1)(a) relates of those details.
3
4
A publication notice must—
a
specify the decision or notice mentioned in subsection (1)(a) to which it relates,
b
specify or describe the details that must be published or notified,
c
specify the form and manner in which the details must be published or notified,
d
specify a date by which the details must be published or notified, and
e
contain information about the consequences of not complying with the notice.
5
Where a publication notice requires a person to publish details under subsection (2)(a) the notice may also specify a period during which publication in the specified form and manner must continue.
6
Where a publication notice requires a person to give notification of details under subsection (2)(b) the notice may only require that notification to be given to United Kingdom users of the service (see section 227).
7
A publication notice may not require a person to publish or give notification of anything that, in OFCOM’s opinion—
b
is otherwise not appropriate for publication or notification.
8
A matter is confidential under this subsection if—
a
it relates specifically to the affairs of a particular body, and
b
publication or notification of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that body.
9
A matter is confidential under this subsection if—
a
it relates to the private affairs of an individual, and
b
publication or notification of that matter would or might, in OFCOM’s opinion, seriously and prejudicially affect the interests of that individual.
10
A person to whom a publication notice is given has a duty to comply with it.
11
The duty under subsection (10) is enforceable in civil proceedings by OFCOM—
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.
12
For the purposes of subsection (1)(b) “the appeal period”, in relation to a decision or notice mentioned in subsection (1)(a), means—
a
the period during which any appeal relating to the decision or notice may be made, or
b
where such an appeal has been made, the period ending with the determination or withdrawal of that appeal.