139ZZD.— (1) Subject to subsection (2), where it appears to the Commission, either in the course of an investigation under this Part or otherwise, that content available on a designated online service is harmful online content, the Commission may give a notice in writing to the provider of the designated online service—

(a) where the content appears to the Commission to fall within the offence-specific category of harmful online content defined in section 139A(2), requiring the provider to remove it or to disable access to it, or

(b) in any other case, requiring the provider to remove the content, to disable access to it, or to limit the availability of it.

(2) Where subsection (1) applies in the course of the investigation of a suspected contravention that relates to the content concerned, the Commission—

(a) shall not issue a notice under subsection (1) before it has made a decision under section 139ZS, and

(b) if the decision under that section is that the contravention has occurred, shall not issue a notice under subsection (1) before the decision, in so far as it relates to the occurrence of the contravention, is confirmed under section 139ZX or 139ZY or is replaced under section 139ZX with a decision to the same effect.

(3) In issuing a notice under subsection (1), the Commission shall have regard to the following matters:

(a) the nature and the scale of the service or services provided by the provider;

(b) the technical capacity of the provider;

(c) levels of risk of harm, and in particular harm to children, from the availability of the content or exposure to it;

(d) the rights of the provider and users of the designated online service, and of the uploader of the content;

(e) the rights of persons to whom the content may pertain;

(f) the proportionality of any requirement contained in the notice, in light of the matters referred to in paragraphs (a) to (e).

(4) Where a notice under subsection (1) requires that the availability of an item of content be limited, the notice may also, without prejudice to the generality of subsection (1), require one or more of the following:

(a) that the provider restrict access to the content to persons who have attained the age of 18 years, or such other age less than 18 years as the Commission may specify;

(b) that a warning or specified information be placed by the provider with the content in a way specified in the notice;

(c) that the provider limit the ability of users of the designated online service to interact with the content;

(d) that the provider ensure that prominence is not given to the content, or the content is not recommended to users of the designated online service, or to users below a specified age, including by automated means.

(5) A notice under subsection (1) shall not impose an obligation on a provider contrary to F295[Article 8 of the Digital Services Regulation].]