Broadcasting Act 2009

139ZI

F234[ Commencement and terms of investigation.

139ZI. (1) If a person authorised by the Commission under subsection (2) believes there is reason to suspect that there has been a contravention, the person may direct an authorised officer to carry out an investigation of the suspected contravention.

(2) The Commission may authorise any Commissioner or member of its staff for the purposes of subsection (1).

(3) The person who directs the authorised officer to carry out an investigation under subsection (1) shall define the terms of the investigation in writing.]

F235[(4) Where the provider of a very large online platform or very large online search engine would be the inquiry subject, no direction may be given under subsection (1) in relation to a contravention that is an infringement of the Digital Services Regulation if the European Commission has initiated proceedings for the same infringement.

(5) Where the suspected contravention is an infringement of the Digital Services Regulation by a person falling within paragraph (c) of the definition of "relevant intermediary service provider" in section 139ZG, a direction may be given under subsection (1) only if

(a) the Commission has given the notification required by Article 56(7), and

(b) no notification under Article 56(7) referring to the same infringement has been given by the European Commission or a Member State Digital Services Coordinator, or any that has been given has been withdrawn.

(6) Where a direction is given under subsection (1) and the suspected contravention is an infringement of the Digital Services Regulation, the Commission shall notify

(a) the European Commission,

(b) the European Board for Digital Services, and

(c) each Member State Digital Services Coordinator.]

Annotations

Amendments:

F234

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.

F235

Inserted (17.02.2024) by Digital Services Act 2024 (2/2024), s. 16, S.I. No. 53 of 2024.