Broadcasting Act 2009

197

F345[Investigation of trusted flagger, vetted researcher or out-of-court dispute settlement body.

197. (1) For the purposes of an investigation in accordance with Articles 21(7), 22(7) and 40(1), the Commission may appoint a member of the staff of the Commission as an investigator to investigate

(a) the award of a status as a trusted flagger in accordance with Article 22(7),

(b) the certification of an out-of-court dispute settlement body in accordance with Article 21(7), or

(c) the designation as a vetted researcher in accordance with Article 40(10).

(2) An investigation under this section shall be carried out by a Digital Services investigator without undue delay and where the investigation concerns the status of a trusted flagger, that status shall be suspended during the period of the investigation.

(3) For the purposes of an investigation undertaken in accordance with this section, the Digital Services investigator may

(a) inspect and make copies of any books, records or other documents (including books, records or documents stored in non-legible form), or take extracts therefrom, relating to the trusted flagger, vetted researcher or out-of-court dispute settlement body,

(b) by notice in writing, request the trusted flagger, vetted researcher or out-of-court dispute settlement body to provide additional information to him or her, and

(c) request any person at the place of work or premises of the trusted flagger, vetted researcher or out-of-court dispute settlement body concerned, including the owner or person in charge of that place or premises, to give the Digital Services investigator such information and assistance as he or she may reasonably require for the purposes of an investigation under this section.

(4) A person requested to provide information or assistance in accordance with subsection (3)(c) shall comply with a request of the Digital Services investigator to provide such information and assistance as he or she may reasonably require for the purposes of the investigation.

(5) In this section, Digital Services investigator means an investigator appointed under subsection (1).]

Annotations

Amendments:

F345

Inserted (17.02.2024) by Digital Services Act 2024 (2/2024), s. 41, S.I. No. 53 of 2024.