Broadcasting Act 2009

139O

F203[Compliance with online safety codes: information notices.

139O. (1) The Commission may by notice in writing require the provider of a designated online service to provide the Commission with information relating to the provider’s compliance with an online safety code over any period, and may require such information to be provided periodically for a succession of periods.

(2) A notice must—

(a) identify the information to be provided and the period or periods it must relate to, and

(b) state when the information is to be provided.

(3) A notice may not require information to be provided before the end of the period of 7 days beginning on the date on which the notice is received by the provider.

(4) The Commission may at any time by notice in writing extend the time within which information is to be provided.

(5) If within the period referred to in subsection (3) the provider requests the Commission to make an extension under subsection (4), the period beginning with the date on which the Commission receives the request and ending on the date notice of the Commission’s decision on the request is received by the provider does not count towards the time within which the information is to be provided.

(6) The provider of a designated online service is guilty of a category 1 offence if—

(a) the provider fails without reasonable excuse to comply with a notice under subsection (1), or

(b) in purported compliance with a notice under subsection (1), the provider provides false information, knowing that it is false or being reckless as to whether it is false.

(7) If the Commission is notified by a nominated body of a matter that appears to the Commission to be relevant to a provider’s compliance with an online safety code, the Commission shall consider that matter for the purpose of deciding whether to exercise its functions under this section.]

Annotations

Amendments:

F203

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 45, S.I. No. 71 of 2023.