Ofcom New Penalty Guidelines
Launch date:14 September 2017
Modified at:22 September 2017
Ofcom is required under section 392 of the Communications Act 2003 (the ‘Act’) to publish guidelines setting out how it proposes to determine the amount of the penalties which it imposes.
On 28 June 2017, following consultation, we published new Enforcement guidelines for regulatory investigations PDF, 1.6 MB (the ‘Guidelines’) and Procedures for investigating breaches of competition-related conditions in Broadcasting Act licences PDF, 784.7 KB (the ‘Procedures’). Among other things, these documents set out a new process for settlement of an investigation falling within the scope of the Guidelines and the Procedures. Settlement is a voluntary process in which the regulated body admits it has breached relevant regulatory requirements and accepts that the remainder of the investigation will follow a streamlined administrative procedure. In successful settlement cases, Ofcom will apply a discount to the level of the penalty in light of the resource savings involved in following a streamlined administrative procedure.
We included in our statement accompanying our new enforcement guidelines and procedures PDF, 398.8 KB changes to our Penalty Guidelines to reflect the approach to applying a discount to the amount of a penalty following a successful settlement process, as set out in the Guidelines and Procedures.
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