s 39 Order to remove publication or broadcast in contravention of section 38
39.—(1) A court may, on the application of any person, order a person to do any one or more of the following:(a) remove the publication, or stop the broadcast, of any information or picture that is in contravention of section 38(1); (b) remove the programme in which any information or picture is broadcast in contravention of section 38(1); (c) delete the information or picture that is published or broadcast in contravention of section 38(1); (d) take all reasonable steps to ensure that the information or picture that is published or broadcast in contravention of section 38(1) 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 protection and safety of the resident or former resident concerned, or of the residents of the relevant licensed SRH 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 38(4) 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.