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Amendment of section 139ZS of Act of 2009
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21. Section 139ZS of the Act of 2009 is amended—
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(a) in subsection (4), by the substitution of “Other than where subsection (4A) applies, in deciding” for “In deciding”, and
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(b) by the insertion of the following subsection after subsection (4):
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“(4A) Where a contravention falls within paragraph (ba) of the definition of ‘contravention’ in section 139ZG, in deciding whether or not to impose an administrative financial sanction on a hosting service provider, the Commission shall have regard to all relevant circumstances, including the following:
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(a) the nature, gravity and duration of the contravention;
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(b) whether the contravention was intentional or negligent;
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(c) previous contraventions by the hosting service provider;
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(d) the financial strength of the hosting service provider;
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(e) the level of cooperation of the hosting service provider with the competent authorities designated pursuant to Article 12(1) of the Terrorist Content Online Regulation;
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(f) the nature and size of the hosting service provider, in particular whether it is a micro, small or medium-sized enterprise;
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(g) the degree of fault of the hosting service provider, taking into account the technical and organisational measures taken by the hosting service provider to comply with the Terrorist Content Online Regulation.”.
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