Digital Services Act 2024

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Access blocking order

77. (1) Where—

(a) the management body of a provider fails to make a proposal in accordance with a notice under section 76 (1), or

(b) the Commission gives a provider a notice under subsection (3) of section 76 , and the period referred to in paragraph (b) of that subsection expires without the Commission being satisfied that the contravention has ended,

the Commission may apply to the High Court for an order requiring a relevant provider (referred to in this section as the provider of the “carrying service”) to block access in the State to an intermediary service (referred to in this section as the “subject service”) provided by the provider referred to in paragraph (a) or (b).

(2) An application under subsection (1) shall be made on notice—

(a) to the provider of the carrying service,

(b) to the provider of the subject service, and

(c) to any other person appearing to the Commission to have a legitimate interest.

(3) Before making an application under subsection (1), the Commission shall give notice in writing to the persons referred to in subsection (2)—

(a) stating that it intends to make an application under subsection (1),

(b) setting out the order it intends to apply for and the addressees of that order, and

(c) stating that the persons to whom the notice is given may submit written observations to the Commission within a period specified in the notice of not less than 10 working days beginning with the day on which the notice is received.

(4) No application under subsection (1) may be made before the end of the period specified under subsection (3)(c).

(5) On an application under subsection (1) the court may make an order requiring the blocking of access to the subject service if it is satisfied in relation to the relevant infringement—

(a) that the infringement is continuing,

(b) that the infringement entails a criminal offence involving a threat to the life or safety of persons,

(c) that all reasonable steps for the Commission to take to put an end to the infringement have been taken, and

(d) that, having regard to the nature, gravity, recurrence, and duration of the infringement, an order under this section is proportionate and will not unduly restrict access to lawful information by users of the subject service.

(6) The High Court may provide in an order under this section that a requirement imposed by the order is subject to such conditions as it considers necessary.

(7) Subject to subsection (8), an order under this section shall have effect for a period of not more than 28 days.

(8) The High Court may provide that the Commission may, with leave of the court, extend the period for which an order under this section has effect for further periods of not more than 28 days subject to the maximum number of extensions specified by the court.

(9) The Commission may make an application in accordance with subsection (8) for leave to extend the period for which an order under this section has effect only if, having regard to the rights and interests of all those affected by the order, it considers that—

(a) the provider has failed to take the necessary measures to put an end to the relevant infringement, and

(b) the extension will not unduly restrict access to lawful information by users of the subject service, having regard to the number of recipients affected and whether any adequate and readily accessible alternative exists.

(10) Where in relation to an order under this section no application, or no further application, may be made in accordance with subsection (8) for leave to extend the period for which the order has effect, but having regard to the rights and interests of all those affected by the order, the Commission considers that the conditions referred to in subsection (9)(a) and (b) are satisfied, the Commission may make a further application under subsection (1).

(11) The provider of the carrying service or the subject service may apply to the High Court to vary or discharge an order under this section in the event that there is any material change in the circumstances which gave rise to the order.

(12) In this section, references to the provider of the carrying service blocking access to the subject service, where the carrying service is an application store service, include references to the provider of the carrying service blocking the downloading of software used to provide the subject service or to access the subject service.

(13) In this section—

“application store service” means a service the main purpose of which is to facilitate the download of, or access to, application software at endpoints of the internet;

“relevant infringement” means the contravention referred to in section 76 (1).