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Amendment of section 139ZW of Act of 2009
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22. Section 139ZW of the Act of 2009 is amended—
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(a) by the insertion of the following subsection after subsection (1A):
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“(1AA) In the case of a contravention falling within paragraph (ba) of the definition of ‘contravention’ in section 139ZG that amounts to, or is a result of, a systematic or persistent failure to comply with obligations under Article 3(3) of the Terrorist Content Online Regulation, an administrative financial sanction may be imposed under section 139ZS of up to 4 per cent of the global turnover of the inquiry subject in the financial year preceding the date of the decision under section 139ZS to impose the sanction.”,
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(b) in subsection (3), by the substitution of “Other than where subsection (3A) applies, the Commission” for “The Commission”,
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(c) by the insertion of the following subsection after subsection (3):
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“(3A) In the case of a contravention falling within paragraph (ba) of the definition of ‘contravention’ in section 139ZG, the Commission shall have regard to all relevant circumstances when determining the amount of the administrative financial sanction imposed under section 139ZS, 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 provider to comply with the requirements of the Terrorist Content Online Regulation.”,
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and
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(d) in subsection (4)(b), by the substitution of “a hosting service provider or a provider” for “provider”.
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