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Investigation into Tapnet’s compliance with a statutory information request
29 Medi 2022
27 Mawrth 2023
We are investigating whether Tapnet has failed to comply with its duties to comply with a statutory information request.
Sections 368Y(3)(b) and (c), 368Z2 and 368Z10 of the Communications Act 2003.
Ofcom has today published a non-confidential version of the Determination document (PDF, 1.6 MB) issued to Tapnet on 27 March 2023.
In accordance with section 368Z2(1) and (2) of the Communications Act 2003 (the Act), we have issued our determination on the breach and penalty to Tapnet.
Our decision is that we are satisfied that there are reasonable grounds for believing Tapnet has contravened its duties under section 368Y(3)(b) and (c) of the Act to comply with a requirement for information under section 368Z10 of the Act and to co-operate fully with Ofcom for any purpose mentioned in section 368Z10(3).
As a result of these findings, Ofcom has imposed a penalty of £2000 on Tapnet in accordance with section 368Z4 of the Act.
Ofcom will also publish a non-confidential version of the determination issued to Tapnet in the next few weeks.
In accordance with section 368Z2(2) of the Act, we have issued our preliminary view on the breach and penalty (the Preliminary View) to Tapnet. Our Preliminary View is that we are satisfied that there are reasonable grounds for believing Tapnet has contravened its duties under section 368Y(3)(b) and (c) of the Communications Act 2003 (the Act) to comply with a requirement for information under section 368Z10 of the Act and to co-operate fully with Ofcom for any purpose mentioned in section 368Z10(3). We will take into account any representations (received within the time specified in the Preliminary View) before we take a final decision.
Ofcom has been the regulator of UK established video sharing platforms (VSPs) since November 2020. Earlier this year, Ofcom issued a number of information requests to VSPs to obtain information on the measures taken by VSPs to protect users.
On 29 September 2022, Ofcom opened an investigation into Tapnet Ltd (‘Tapnet’), which provides the VSP RevealMe.
This investigation concerns Tapnet’s compliance with an information request notice (the ‘Notice’), issued on 6 June 2022 under section 368Z10 of the Communications Act 2003 (the ‘Act’). Tapnet was required to respond to the Notice by no later than 4 July 2022. As of 29 September 2022, Tapnet had not provided a response to the Notice.
Under section 368Y(3) of the Act, a provider of a video-sharing platform has to comply with a demand for information under section 368Z10 of the Act and to cooperate fully with Ofcom for any of the purposes stated in section 368Z10(3) for which Ofcom may require the information requested. The Notice explained that the reason for requesting the information was to understand and monitor the measures VSPs have in place to protect users and to publish a report under section 368Z11 of the Act.
Ofcom uses the information gathered through statutory information requests to inform how it carries out its statutory functions as a regulator. It is therefore crucial that VSPs provide accurate and complete information in a timely fashion. Where Ofcom has reasonable grounds for believing that a contravention of the above-mentioned obligations has occurred or is occurring, including the requirement to respond to a notice by the specified deadline, Ofcom may take action under section 368Z2 of the Act.
Ofcom’s investigation will examine whether there are reasonable grounds for believing that Tapnet has failed to comply with its statutory duties in relation to Ofcom’s information request. Ofcom will provide updates on this page as we progress this investigation.
Enforcement team (enforcement@ofcom.org.uk)
CW/01263/09/22