Digital Services Act 2024
|
SCHEDULE Oral Hearings | ||
1. (1) This Schedule applies to an oral hearing under section 50 , 61 (3) or (4)(d), or 65 (2)(a). | ||
(2) In this Schedule— | ||
“authorised officer” has the same meaning as it has in Part 3 ; | ||
“conducting authority” means— | ||
(a) in relation to an oral hearing under section 50 , the authorised officer conducting the hearing, and | ||
(b) in relation to an oral hearing under section 61 (3) or (4)(d) or 65 (2)(a), the Commission; | ||
“relevant equipment” means any electronic, photographic, magnetic, optical or other equipment, including a computer, which may be used for processing or holding relevant material; | ||
“relevant material” means any document, information, or content, however communicated, recorded or stored, which may be relevant to a matter to which the oral hearing relates; | ||
“remote hearing” means a hearing in which— | ||
(a) the participants, including the conducting authority, are not all in the one place, and | ||
(b) one or more of them participate in the hearing by means of electronic communications technology permitting real time transmission and real time two-way audiovisual, or audio, communications. | ||
(3) This Schedule is without prejudice to section 18 of the Act of 2014. | ||
2. The conducting authority may by notice in writing require a person to attend or participate in an oral hearing at a time and place specified in the notice— | ||
(a) to give evidence in respect of any matter in issue, or | ||
(b) to produce any relevant material or relevant equipment which is within the person’s possession or control or which the person is able to procure. | ||
3. At an oral hearing, the conducting authority may take evidence on oath or affirmation, and may administer an oath for that purpose. | ||
4. (1) The conducting authority may allow a witness at an oral hearing to give evidence by tendering a written statement. | ||
(2) A statement tendered under subparagraph (1) shall be verified by oath or affirmation. | ||
5. A person giving evidence at an oral hearing, including an authorised officer, may be examined and cross-examined at the oral hearing. | ||
6. The conducting authority is bound by the rules of evidence in the conduct of an oral hearing, subject to such exceptions to the rule against hearsay evidence as may be provided for by rules under section 57 . | ||
7. A person to whom notice is given under paragraph 2 shall be entitled to the same immunities and privileges in respect of compliance with any requirement referred to in that paragraph as if the person were a witness before the High Court. | ||
8. Where a person to whom notice is given under paragraph 2 does not comply with a requirement referred to in that paragraph, the conducting authority may apply in a summary manner to the Circuit Court, on notice to that person, for an order requiring the person to comply with the requirement within a period to be specified by the Court, and the Court may make the order sought or such other order as it thinks fit or refuse to make any order. | ||
9. Nothing in this Schedule compels the disclosure by any person of any information that the person would be entitled to refuse to produce on the grounds of legal professional privilege or authorises the inspection or copying of any document containing such information that is in the person’s possession. | ||
10. The conducting authority, where it is satisfied that special circumstances arise which so necessitate, may— | ||
(a) hold an oral hearing otherwise than in public, or partly otherwise than in public, or | ||
(b) require that any information is not disclosed in an oral hearing, or not otherwise published or reported where the Commission considers that— | ||
(i) it is commercially sensitive, | ||
(ii) its publication may prejudice an ongoing investigation by the Commission, the Garda Síochána or any other public body, or | ||
(iii) it is personal data. | ||
11. The Commission may pay or reimburse out of moneys at its disposal, in whole or in part, the reasonable travelling and subsistence expenses of a person required to attend an oral hearing. | ||
12. An oral hearing may be held by remote hearing. | ||
13. A person who, without reasonable excuse, knowingly gives false or misleading evidence on oath or affirmation shall be guilty of an offence and shall be liable— | ||
(a) on summary conviction, to a class A fine or to imprisonment for a term not exceeding 6 months, or both, or | ||
(b) on conviction on indictment, to a fine not exceeding €250,000 or imprisonment for a term not exceeding 5 years, or both. | ||
14. A person who does not comply with a requirement under paragraph 2 or paragraph 10(b) shall be guilty of a category 2 offence. | ||
15. Without prejudice to paragraph 13, a person may be liable to an administrative financial sanction in accordance with Part 3 if in an oral hearing where the suspected contravention is an infringement of Article 30, 31 or 32 of the Digital Services Regulation, he or she knowingly gives false or misleading evidence on oath or affirmation. | ||
16. A statement or admission made by a person in the course of an oral hearing shall not be admissible in evidence in proceedings brought against the person for an offence, other than an offence under paragraph 13, and this shall be explained to the person in ordinary language by the conducting authority. |