Broadcasting Act 2009

139ZZE

F1[Procedure in relation to content limitation notice.

139ZZE. (1) A notice under section 139ZZD(1) shall—

(a) identify the content the subject of the notice,

(b) state the particular category of harmful online content under section 139A into which the Commission considers that the content falls, and the reasons for that consideration,

(c) provide sufficient information to allow the provider to locate the content on the designated online service,

(d) specify the action required by the Commission under section 139ZZD(1) and the reasons for that action,

(e) where the action required by the Commission under section 139ZZD(1) is that the availability of the content be limited, specify the nature of the limitation,

(f) identify the geographical area within which the action required by the Commission under section 139ZZD(1) must be taken, and

(g) state that the provider, and the uploader where relevant, may make submissions in relation to the notice within such period as may be specified in the notice, which shall not be less than 28 days after the date on which the notice is issued.

(2) A provider who receives a notice under section 139ZZD(1) shall, where the content is user-generated content, take all reasonable steps to provide a copy of that notice and a copy of this section to the uploader of the content within 2 days of receiving it.

(3) The provider shall inform the Commission of all steps taken by the provider in order to comply with subsection (2) and the Commission may direct—

(a) that such further steps as the Commission considers necessary for the purposes of complying with subsection (2) be taken by the provider, within such period as the Commission considers appropriate, or

(b) that no further steps are necessary.

(4) Where a provider receives a notice under section 139ZZD(1), the provider may make submissions to the Commission in relation to the notice within the period specified in the notice, or within such further period as the Commission may allow.

(5) Where an uploader receives a copy of the notice under subsection (2), the uploader may make submissions to the Commission in relation to the notice within the period specified in the notice, or within such further period as the Commission may allow.

(6) Submissions may be made under subsection (4) or (5) in relation to—

(a) whether or not the content the subject of the notice is harmful online content (provided that issue has not been determined by the Commission in a decision under section 139ZS, or by the court under section 139ZX or 139ZY), and

(b) the requirements set out in the notice.

(7) The Commission, after considering any submissions made under subsections (4) and (5) and, having regard to the matters referred to in section 139ZZD(3), shall—

(a) confirm the notice after making such amendments, if any, as it considers necessary, and specify the period within which the provider must comply with the notice, or

(b) revoke the notice.

(8) If the Commission confirms the notice under subsection (7)(a), it shall provide to the provider and (if applicable) the uploader a copy of the notice, or of the notice as amended, and a statement in writing—

(a) of the confirmation and the reasons for it,

(b) of the reasons for any amendment made to the notice,

(c) of the period determined under subsection (7)(a) within which the provider must comply with the notice, and

(d) of the right of the provider or (if applicable) the uploader to appeal the notice in accordance with section 139ZZF.

(9) A provider who without reasonable excuse fails to comply with a notice confirmed under subsection (7)(a) within the period specified under that paragraph, shall be guilty of a category 3 offence.]

Annotations

Amendments:

F283

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.