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PART 2
Amendment of Act of 2009
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Amendment of section 21 of Act of 2009
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4. (1) Section 21 of the Act of 2009 is amended—
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(a) in subsection (1)—
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(i) in paragraph (c), by the substitution of “online services;” for “online services.”, and
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(ii) by the insertion of the following paragraphs after paragraph (c):
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“(d) intermediary service providers;
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(e) hosting service providers.”,
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(b) in subsection (9)—
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(i) in paragraph (d), by the substitution of “and (f);” for “and (f).”, and
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(ii) by the insertion of the following paragraph after paragraph (d):
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“(e) any other factor that may affect the performance by the Commission of functions in relation to an intermediary service provider including if that provider has been designated as a very large online platform or very large online search engine under Article 33 of the Digital Services Regulation and has been charged the annual supervisory fee under Article 43 of that Regulation.”,
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and
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(c) in subsection (12)—
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(i) by the substitution of “In this section and section 22” for “In this section and sections 22 and 22A”, and
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(ii) by the insertion of the following definition:
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“ ‘hosting service provider’ has the same meaning as it has in Regulation (EU) 2021/784 of the European Parliament and of the Council of 29 April 20212
on addressing the dissemination of terrorist content online;”.
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(2) Notwithstanding the amendments effected by subsection (1), the levy order (within the meaning of section 21 of the Act of 2009) that was for the time being in force immediately before the commencement of subsection (1) shall remain in force and shall have effect as if this section had not been enacted.
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2 OJ No. L 172, 17.5.2021, p. 79. |
