S.L. 418.5 Art. 12Additional measures to bring about cessation of an infringement. Cap. 12.

(1) The Authority in respect of providers of intermediary services that fall under its competence, or a competent authority in ensuring compliance with the provisions of the Digital

Services Act which it enforces, where the exercise of its powers at law to bring about a cessation of any infringement by any such provider have been exhausted, and the infringement has not been remedied or is continuing and is causing serious harm which cannot be avoided through the exercise of its other powers at law, then the Authority or the competent authority concerned as the case may be, may in the first instance require the management body of such provider, without undue (DESIGNATION AND ENFORCEMENT)

delay, to examine the situation, adopt and submit an action plan setting out the necessary measures to terminate the infringement, ensure that the provider takes those measures, and report to the Authority or the competent authority concerned as the case may be, on the measures taken.

(2) If the Authority or the competent authority, as the case may be, considers that a provider of intermediary services has not sufficiently complied with the requirements referred to in sub-article (1), that the infringement has not been remedied or is continuing and is causing serious harm, and that the infringement entails a criminal offence involving a threat to the life or safety of persons, then the Authority or the competent authority concerned as the case may, be shall file an application to the Civil Court requesting the issue of an order for the temporary restriction of access of recipients to the service concerned by the infringement or, only where that is not technically feasible, to the online interface of the provider of intermediary services on which the infringement takes place.

(3) The Authority or the competent authority concerned as the case may be shall, unless it is acting upon the request of the European Commission referred to in Article 82 of the Digital Services Act, prior to filing an application to the Civil Court for the issue of an order under sub-article (2), invite interested parties to submit written observations to the Authority or the competent authority concerned as the case may be, within a period that shall not be less than two (2) weeks, describing the measures that it intends to request and identifying the intended addressee or addressees thereof.

(4) The provider of intermediary services, the intended addressee or addressees and any other third party demonstrating a legitimate interest shall be entitled to participate in the proceedings before Civil Court initiated by the Authority or the competent authority concerned as the case may be, in accordance with sub-article (3).

(5) The Civil Court, on receipt of an application in accordance with sub-article (3) shall order the notification of the application with urgency onto the provider of intermediary services, the intended addressee or addressees and any other party that has demonstrated to the Authority or the competent authority concerned as the case may be, that it has a legitimate interest to participate in any such proceedings. Such persons shall be entitled to reply to the application within such period as the Civil Court may determine, which period shall not exceed ten (10) days or any lesser period as the Civil Court may deem appropriate in the circumstances, which period shall commence as from the date of notification onto such persons:

Provided that the Civil Court shall consider and determine any such application with urgency: Provided further that without prejudice to this sub-article, the provisions of the Code of Organization and Civil Procedure for the hearing and determination of cases and of any appeal therefrom shall apply to any such action.

(6) Any measure ordered in accordance with this article shall be proportionate to the nature, gravity, recurrence and duration of the infringement, without unduly restricting access to lawful information by recipients of the service concerned.

(7) Where the Civil Court issues an order for a temporary restriction of access, such restriction of access shall be for a period of four (4) weeks, subject to the possibility that the Court in its order may allow the Authority or the competent authority concerned as the case may be, to extend that period for further periods of the same length, subject to a maximum number of extensions as the Court may determine.

(8) The Authority or the competent authority concerned as the case may be shall only extend the period of four (4) weeks for a temporary restriction of access in accordance with sub-article (7) where, having regard to the rights and interests of all parties affected by that restriction and all relevant circumstances, including any information that the provider of intermediary services, the addressee or addressees and any other third party that demonstrated a legitimate interest may provide to it, it considers that the following conditions have been met:

(a) that the provider of intermediary services has failed to take the necessary measures to terminate the infringement; and

(b) that the temporary restriction does not unduly restrict access to lawful information by recipients of the service, having regard to the number of recipients affected and whether any adequate and readily accessible alternatives exist:

Provided that where the Authority or the competent authority concerned, as the case may be, considers that the conditions set out in paragraphs (a) and (b) have been met, but that it cannot further extend the period pursuant this sub-article, it shall submit a new request to the Civil Court as provided for in sub-article (2).

(9) The Authority or the competent authority concerned, as the case may be, shall ensure that any measure taken in exercise of its powers under this article shall be effective, dissuasive and proportionate, having regard, in particular, to the nature, gravity, recurrence and duration of the infringement or suspected infringement to which those measures relate, as well as the economic, technical and operational capacity of the provider of the intermediary services (DESIGNATION AND ENFORCEMENT)

concerned, where relevant.