Online Safety Act 2023

168 Appeals against OFCOM notices

(1) An appeal to the Upper Tribunal against OFCOM’s decision to give to a person—

(a) a notice under section 121(1) (notices to deal with terrorism content and CSEA content),

(b) a confirmation decision, or

(c) a penalty notice,

may be brought by any person with a sufficient interest in the decision.

(2) An appeal under subsection (1) by a person other than the person given the notice or decision in question may be brought only with the permission (or leave) of the Upper Tribunal.

(3) The Upper Tribunal must decide the appeal by applying the same principles as would be applied—

(a) by the High Court on an application for judicial review, or

(b) in Scotland, on an application to the supervisory jurisdiction of the Court of Session.

(4) On an appeal under this section, the Upper Tribunal may—

(a) dismiss the appeal, or

(b) quash the decision being challenged.

(5) Where a decision is quashed, the Upper Tribunal must remit the decision to OFCOM for reconsideration with such directions (if any) as the Tribunal considers appropriate.

(6) In this section “penalty notice” means a penalty notice under section 139, 140(5) or 141(6).