Where the appropriate regulatory authority determine that a provider of an on-demand programme service , or a non-UK on-demand programme service that is a Tier 1 service, has failed to take a measure which the authority consider to be appropriate in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively, the authority may do one or both of the following—
The appropriate regulatory authority must not make a determination as mentioned in subsection (1) unless there are reasonable grounds for believing that a failure as mentioned in that subsection is occurring or has occurred and they have allowed the provider an opportunity to make representations about that apparent failure.
An enforcement notification under this section is a notification which specifies the determination made as mentioned in subsection (1) and imposes requirements on the provider to take such steps for complying with section 368E(4) and for remedying the failure as may be specified in the notification.
The requirements specified in an enforcement notification may in particular include requirements to do one or more of the following—
An enforcement notification must—
Where a person is required by an enforcement notification to publish a correction or a statement of findings, the person may publish with the correction or statement of findings a statement that it is published in pursuance of the enforcement notification.
It is the duty of a person to whom an enforcement notification has been given to comply with it.
That duty is enforceable in civil proceedings by the appropriate regulatory authority—
Subsection (8) applies whether or not the person is in the United Kingdom.
If a person to whom an enforcement notification has been given does not comply with it within the period fixed by the appropriate regulatory authority in that enforcement notification, the appropriate regulatory authority may impose a financial penalty on that person in accordance with section 368J.