Broadcasting Act 2009

139ZT

F255[Notice and publication of decision of Commission.

139ZT. F256[(1) The Commission shall, as soon as is practicable after making a decision under section 139ZS, give notice in writing of the decision to the inquiry subject.]

(2)  The notice under subsection (1) shall set out the decision made and the reasons for it.

(3)  If the Commission decides that a contravention has occurred, the notice shall also—

(a) state that the decision does not take effect unless it is confirmed on appeal under section 139ZX or on summary application under section 139ZY, and

(b) state that, if the F256[inquiry subject] does not appeal under section 139ZX, the Commission will, as soon as is practicable after the expiration of the period for the making of an appeal referred to in section 139ZX(1), make an application in a summary manner for confirmation of the decision under section 139ZY.

(4)  If the Commission decides to impose an administrative financial sanction, the notice shall also—

(a) state that the F256[inquiry subject] may make submissions in relation to the application of section 139ZW to the determination of the amount of the sanction,

(b) state either that—

(i) those submissions may be made at an oral hearing, under section 139ZU(2)(a), on a date specified in the notice, or

(ii) that those submissions may be made in writing, under section 139ZU(2)(b), within a period specified in the notice in accordance with that section,

and

(c) state that the Commission may request further information under section 139ZU(3).

(5)  The Commission shall publish the decision made under section 139ZS on a website maintained by it and that publication shall include the following matters:

(a) the name of the F256[inquiry subject];

(b) the nature of the suspected contravention to which the investigation related;

(c) the reasons for the decision;

(d) such other particulars, reports or material as the Commission considers appropriate.

F257[(5A) Subsection (5) does not apply to a decision where the suspected contravention falls within paragraph (c) of the definition of "contravention" in section 139ZG.

(5B) Where the decision referred to in subsection (1) relates to a contravention falling within paragraph (b) or (d) of the definition of "contravention" in section 139ZG, the Commission shall provide a copy of the notice referred to in that subsection to

(a) the European Commission,

(b) the European Board for Digital Services, and

(c) each Member State Digital Services Coordinator.]

(6)  The Commission may provide a copy of a notice referred to in subsection (1) to F256[any other person] where it considers it appropriate to do so.

(7)  A person who receives a copy of a notice under subsection (6) prior to the publication of the decision under subsection (5) shall not, without the prior authorisation of the Commission, disclose the existence or the content of the notice, including any content redacted in accordance with subsection (9) from a notice published under subsection (5), to any other person.

(8) A person who without reasonable excuse contravenes subsection (7) shall be guilty of a category 2 offence.

(9)  The Commission may, for the purposes of publication under subsection (5), redact any particulars which appear to the Commission—

(a) to be commercially sensitive, or

(b) to relate to the commission of an offence.]

Annotations

Amendments:

F255

Inserted (15.03.2023) by Online Safety and Media Regulation Act 2022 (41/2022), s. 47, S.I. No. 71 of 2023, other than insofar as it relates to a failure to comply with section 128B(1) or (2) or any rules made under section 128C.

F256

Substituted (17.02.2024) by Digital Services Act 2024 (2/2024), s. 29(a), (b), (d), S.I. No. 53 of 2024.

F257

Inserted (17.02.2024) by Digital Services Act 2024 (2/2024), s. 29(c), S.I. No. 53 of 2024.