§ 52 — Order to remove publication or broadcast in contravention of section 51

52.—(1) A court may, on the application of any person, order a person to do any or more of the following:(a)

remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 51(2) or (4);

(b)

remove the programme in which the information or picture that is broadcast in contravention of section 51(2) or (4) is broadcast;

(c)

delete the information or picture that is published or broadcast in contravention of section 51(2) or (4);

(d)

take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of section 51(2) or (4) is no longer available on or through the Internet.

(2) The court may make an order under subsection (1) even if —(a)

the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or

(b)

when the application has been served on the respondent — the respondent does not appear at the hearing of the application,

if the court is satisfied, on a balance of probabilities, that the order is necessary for the welfare of the child concerned.

(3) To avoid doubt, the court may make an order under subsection (1) —(a)

regardless of whether the respondent or any other person has been convicted of an offence under section 51(4) or (5) in relation to the information or picture mentioned in subsection (1); and

(b)

regardless of whether the information or picture mentioned in subsection (1) is published or broadcast before, on or after the date of commencement of this section.

—(1) A court may, on the application of any person, order a person to do any or more of the following:(a)

remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 51(2) or (4);

(b)

remove the programme in which the information or picture that is broadcast in contravention of section 51(2) or (4) is broadcast;

(c)

delete the information or picture that is published or broadcast in contravention of section 51(2) or (4);

(d)

take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of section 51(2) or (4) is no longer available on or through the Internet.

(2) The court may make an order under subsection (1) even if —(a)

the application is not served on the person against whom the order is to be made (called in this section the respondent) or is not served on the respondent within a reasonable time before the hearing of the application; or

(b)

when the application has been served on the respondent — the respondent does not appear at the hearing of the application,

if the court is satisfied, on a balance of probabilities, that the order is necessary for the welfare of the child concerned.

(3) To avoid doubt, the court may make an order under subsection (1) —(a)

regardless of whether the respondent or any other person has been convicted of an offence under section 51(4) or (5) in relation to the information or picture mentioned in subsection (1); and

(b)

regardless of whether the information or picture mentioned in subsection (1) is published or broadcast before, on or after the date of commencement of this section.