Legislation – Online Safety Act 2023

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PART 7OFCOM’s powers and duties in relation to regulated services

CHAPTER 4Information

Information offences and penalties

109Offences in connection with information notices

(1)

A person commits an offence if the person fails to comply with a requirement of an information notice.

(2)

It is a defence for a person charged with an offence under subsection (1) to show that—

(a)

it was not reasonably practicable to comply with the requirements of the information notice at the time required by the notice, but

(b)

the person has subsequently taken F1all of the steps that it was reasonable, and reasonably practicable, to take to comply with those requirements.

(3)

A person commits an offence if, in response to an information notice—

(a)

the person provides information that is false in a material respect, and

(b)

at the time the person provides it, the person knows that it is false in a material respect or is reckless as to whether it is false in a material respect.

(4)

A person commits an offence if, in response to an information notice, the person—

(a)

provides information which is encrypted such that it is not possible for OFCOM to understand it, or produces a document which is encrypted such that it is not possible for OFCOM to understand the information it contains, and

(b)

the person’s intention was to prevent OFCOM from understanding such information.

(5)

A person commits an offence if—

(a)

the person suppresses, destroys or alters, or causes or permits the suppression, destruction or alteration of, any information required to be provided, or document required to be produced, by an information notice, and

(b)

the person’s intention was to prevent OFCOM from being provided with the information or document or (as the case may be) from being provided with it as it was before the alteration.

F2(6A)

A person who is given an information notice under section 101(C1) commits an offence if—

(a)

the person deletes or alters, or causes or permits the deletion or alteration of, any information required by the notice to be retained, and

(b)

the person’s intention was to prevent the information being available, or (as the case may be) to prevent it being available in unaltered form, for the purposes of any official investigation into the death of the child to whom the notice relates.

(6B)

For the purposes of subsection (6A) information has been deleted if it is irrecoverable (however that occurred).

(6)

The reference in subsection (5) to suppressing information or a document includes a reference to destroying the means of reproducing information recorded otherwise than in a legible form.

(7)

Offences under this section may be committed only in relation to an information notice which—

(a)

relates to—

(i)

a user-to-user service,

(ii)

a search service, or

(iii)

an internet service on which regulated provider pornographic content is published or displayed; and

(b)

is given to the provider of that service.

(8)

If a person is convicted of an offence under this section, the court may, on an application by the prosecutor, make an order requiring the person to comply with a requirement of an information notice within such period as may be specified by the order.

(9)

See also section 201 (supplementary provision about defences).

(10)

In this section, “regulated provider pornographic content” and “published or displayed” have the same meaning as in Part 5 (see section 79).