Online Safety and Media Regulation Act 2022

Procedures under Chapter 2 of Part 5 of Principal Act

72. Where a procedure under Chapter 2 of Part 5 of the Principal Act has commenced, but not concluded, before the date of coming into operation of section 73 (b), it shall on and after that date be continued in accordance with that Chapter as if section 73 (b) had not come into operation, subject to the following modifications:

(a) other than the reference to the Compliance Committee in section 54(7) of the Principal Act, references to the Compliance Committee or the Authority shall be construed as references to the Commission;

(b) where the Compliance Committee has received submissions under section 54(2) of the Principal Act before the date of coming into operation of section 73 (b), the Commission may afford the broadcaster referred to in section 54(2) of the Principal Act a further opportunity to make submissions to it in accordance with that subsection;

(c) section 54(3) of the Principal Act is amended by the substitution of “the Commission shall notify the broadcaster concerned in accordance with subsection (4).” for “the Committee may recommend to the Authority that the Authority notify the broadcaster concerned in accordance with subsection (4). The Authority shall comply with the recommendation.”;

(d) any rules made under section 54(8) of the Principal Act which were in force immediately before the coming into operation of section 73 (b) shall continue in force for the purposes of any procedure referred to in this section, subject to any amendment made by the Commission;

(e) the period for the making of an appeal against a statement of findings or a financial sanction in accordance with section 55(5) of the Principal Act shall be 28 days from the date of the making of the statement of findings, or where there is a direction under section 55(3) of the Principal Act, 28 days from the date of the direction;

(f) where a broadcaster does not appeal in accordance with section 55(5) of the Principal Act against a statement of findings issued to the broadcaster by the Authority or the Commission under section 55(2) of that Act, or against a financial sanction that the Authority or the Commission has directed the broadcaster to pay under section 55(3) of that Act—

(i) the Commission shall, as soon as is practicable after the expiration of the period referred to in paragraph (e), and on notice to the broadcaster, make an application in a summary manner to the Circuit Court for confirmation of the decision to issue the statement or to direct payment of the financial penalty, and

(ii) subsections (2) to (4), (7) and (8) of section 139ZY of the Principal Act as inserted by section 47 shall apply for the purposes of the application as they apply for the purposes of an application under section 139ZY(1) (but substituting “broadcaster” for “provider” in subsection (4)).