New Clause 51: Online Safety Bill
New Clause 51 - Publication 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(a) OFCOM have given a person (and not withdrawn) any of the following—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 119;
(iii) a penalty notice under section 120(5);
(iv) a penalty notice under section 121(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) A publication notice may require a person to publish details under subsection (2)(a) or give notification of details under subsection (2)(b) or both.
(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 184).
(7) A publication notice may not require a person to publish or give notification of anything that, in OFCOM’s opinion—
(a) is confidential in accordance with subsections (8) and (9), or
(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.’—(Paul Scully.)