Broadcasting Act 2009

139ZZF

F297[Appeal.

139ZZF. (1) The provider of a designated online service or the uploader of user‑generated content concerned may within 28 days of receipt of a notice confirmed under section 139ZZE(7)(a), appeal to the Circuit Court against the notice.

(2) The Circuit Court, where it considers that the Commission was irrational or erroneous in its reasoning, or committed a failure to comply with fair procedures, or any other clear error of law, in the issuing of the notice referred to in subsection (1), may—

(a) set aside the notice,

(b) replace the notice with such other notice as it considers appropriate, or

(c) remit the notice for reconsideration by the Commission, with such directions as the court considers appropriate.]

Annotations

Amendments:

F297

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.