Broadcasting Act 2009

139ZE

F220[Voluntary arrangements with providers in third countries.

139ZE. (1) This section applies if the Commission enters into a voluntary arrangement, within the meaning assigned to it by subsection (2), with the provider of a service, where—

(a) the provider is not under the jurisdiction of the State or another Member State, but

(b) the service would be a relevant online service if the provider were under the jurisdiction of the State.

(2)  In this section, a voluntary arrangement means an arrangement under which the provider agrees, for the period during which the arrangement is in force—

(a) that the provider will comply with any online safety code, and any guidance materials issued under section 139Z, that may be specified in the arrangement, to the extent specified in the arrangement,

(b) that the provider will comply with any request made by the Commission under subsection (5), and

(c) that the Commission may publish the information it is required to publish in accordance with subsections (4) and (6).

(3) The Commission shall notify the Minister of any voluntary arrangement it enters into.

(4) The Commission shall publish, on a website maintained by it, the following details of any voluntary arrangement it enters into with a provider:

(a) the name of the provider and any other information necessary to identify the provider

(b) the matters specified in accordance with subsection (2)(a).

(5) The Commission—

(a) may request information from the provider regarding its compliance with any online safety code or guidance materials, to the extent that it has agreed to comply with them, and

(b) may request the provider to provide such information on a periodic basis.

(6) If it appears to the Commission that there has been a failure by a provider to comply with an online safety code, guidance materials, or a request under subsection (5), the Commission may publish, on a website maintained by it, a notice of the failure, and information about the nature of the failure.

(7) The Commission shall keep any voluntary arrangement under review.

(8) The Commission or the provider may at any time end a voluntary arrangement by notice in writing to the other.]

Annotations

Amendments:

F220

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