Schedule 12: OFCOM’s powers of entry, inspection and audit Provisional notices and confirmation decisions Section 136: Confirmation decisions: proactive technology
This section sets out when OFCOM may, in a confirmation decision, require a service to use a kind of "proactive technology" specified in the confirmation decision.
	Subsection 2(b)) sets out that OFCOM may require a provider to use proactive technology in a confirmation decision, if the purpose is to deal with non-compliance with section 81(2) (provider pornographic content).
	The section also sets out the matters OFCOM must consider before deciding to impose such a requirement.
	OFCOM may only require the use of proactive technology on content which is communicated publicly.  Therefore, subsection (8) provides that a confirmation decision which requires the use of such technology must identify the content, or parts of the service that include content, which OFCOM considers is communicated publicly.
	Subsection (9) provides that OFCOM may set the requirement for the regulated service to review their use of any technology imposed in response to a confirmation decision.
	"Proactive technology" is defined in section 231.