139ZZC.— (1) The Commission may apply to the High Court for an order requiring an internet service provider or a provider of an application store service to block access in the State to a relevant online service or an audiovisual on-demand media service.

(2) An application to the High Court under subsection (1) shall be made on notice—

(a) to the internet service provider or the provider of an application store service concerned, and

(b) to the provider of the relevant online service or audiovisual on‑demand media service concerned.

(3) The court may make an order requiring the blocking of access to a relevant online service if it is satisfied that the provider of the service has actual knowledge that it is making available content that falls within one of the offence-specific categories of harmful online content defined in section 139A(2) and either—

(a) where the service is a designated online service—

(i) the content is made available in contravention of an online safety code which applies to the service, and

(ii) the provider has been convicted of an offence under section 139ZZB(4) for failure to comply with a notice to end the contravention,

or

(b) where the Commission has designated the service but the designation has not taken effect as notice of the designation has not been served on the provider in accordance with section 139H(3)(a)—

(i) making available the content would be a contravention of an online safety code which the Commission intends to apply to the service, and

(ii) the failure to serve notice of the designation on the provider is due to the fault of the provider.

(4) The court may make an order requiring the blocking of access to an audiovisual on-demand media service if it is satisfied that—

(a) the provider of the service has actual knowledge that it is making anything referred to in paragraph (b), (c) or (d) of section 46J(1) available in a catalogue of the service, and

(b) the provider has been convicted of an offence under section 139ZZB(4), for failure to comply with a notice to end the contravention referred to in paragraph (a).

(5) An order may be made under this section if—

(a) the application under subsection (1) was made as soon as practicable after the provider concerned was convicted of the offence referred to in subsection (3)(a)(ii), or (4)(b), or as soon as practicable after the failure referred to in subsection (3)(b)(ii) occurred, as the case may be, and

(b) the order would not be disproportionate.

(6) The High Court may provide in an order under this section that a requirement imposed by the order is subject to such conditions as it considers necessary.

(7) The following persons may apply to the High Court to vary or discharge an order under this section in the event that there is any material change in the circumstances which gave rise to the order:

(a) the internet service provider or provider of an application store service the subject of the order;

(b) the provider of a service access to which is required to be blocked under the order.

(8) Without prejudice to subsection (7), the High Court may, on an application under that subsection or of its own motion, discharge an order under this section if it is satisfied that—

(a) where the order was made on grounds falling within subsection (3)(a)(ii) or (4)(b), the provider of the service has complied with the notice to end the contravention concerned, or

(b) where the order was made on grounds falling within subsection (3)(b), the relevant online service, access to which is required to be blocked under the order, has been designated as a designated online service.

(9) In this section, references to a provider of an application store service blocking access to a service include references to the provider blocking the downloading of software used to provide the service or to access the service.

(10) For the purposes of this section:

“internet service provider” means a person who provides access to the internet at endpoints of the internet (including, for example, on a smartphone);

“provider of an application store service” means a person who provides a service the main purpose of which is to facilitate the download of, or access to, application software at endpoints of the internet.]