Schedule 12: OFCOM’s powers of entry, inspection and audit Provisional notices and confirmation decisions Section 138: Confirmation decisions: offences
This section creates a new offence of failure to comply with requirements of a confirmation decision that relate to specified duties to protect children’s online safety without reasonable excuse. The specified duties are those at section 12(3)(a), section 12(3)(b), section 81(2), or section 81(4).
	This section further provides that a person commits an offence if the person fails to comply, without reasonable excuse, with a CSEA requirement imposed by a confirmation decision given to the person.
	A person who commits an offence under this section is liable for different penalties on summary conviction in England and Wales, Scotland and Northern Ireland, and to imprisonment for a term not exceeding 2 years or a fine (or both) on conviction on indictment.