Moved by
Lord Bethell
217: After Clause 118, insert the following new Clause—
“Notice by OFCOM to payment-services providers and ancillary services
(1) Where OFCOM have issued a provisional notice of contravention to a regulated service, which specifies the person has failed, or is failing, to comply with a duty or requirement in section 72 (duties about regulated provider pornographic content), it must give notice of that fact to any payment-services provider or ancillary service.
(2) A notice under subsection (1) must—
(a) identify the regulated service in such manner as OFCOM considers appropriate,
(b) state whether the provisional notice of contravention relates to a duty under subsection (2) or (3) of section 72, or duties under both,
(c) give OFCOM’s reasons for their opinion that the regulated service has failed, or is failing, to comply with it, and
(d) provide such further particulars as OFCOM consider appropriate.
(3) When OFCOM give notice under this section, OFCOM must inform the regulated service, by notice, that they have done so.
(4) In this section—
“ancillary service” has the same meaning as in section 131(11);
“payment-services provider” means a person who appears to OFCOM to provide services, in the course of a business, which enable funds to be transferred in connection with the payment by any person for access to pornographic content made available on the internet by the regulated service;
“pornographic content” has the meaning given by section 70(2);
“provisional notice of contravention” has the same meaning as in section 118(1).”
Member’s explanatory statement
This new Clause requires OFCOM to notify payment-service providers and ancillary services of a regulated service which is found to have breached duties relating to pornographic content.