46F.— (1) Where it appears to the Commission that a media service provider has failed to comply with section 46B, or 46C, or a request under section 46D(2) or section 46E(4), the Commission may by notice in writing direct the provider to take any action stated in the notice to comply with that section or that request.

(2) The Commission shall not give a direction under subsection (1) unless it has given the provider an opportunity to make representations about the apparent failure.

(3) A direction shall state—

(a)  the reasons for it, and

(b)  the period within which the provider must comply with it.

(4) Where a direction states that the provider has failed to comply with section 46B or 46C, the provider may appeal the direction to the Circuit Court within 28 days of receipt of the direction.

(5) On hearing an appeal under subsection (4), the Circuit Court may either—

(a) affirm the direction, or 

(b) where it is satisfied that the Commission in giving the direction was irrational or erroneous in its reasoning, or committed a failure to comply with fair procedures, or any other clear error of law, order that the direction be withdrawn.

(6) A person who fails without reasonable excuse to comply with a direction under subsection (1) shall be guilty of a category 2 offence.]