[368Z4 Financial penalties]

[368Z4  Financial penalties]

[(1) The amount of a penalty imposed on a provider of a video-sharing platform service under section 368W, 368Z2 or 368Z3 is to be such amount not exceeding 5% of the provider's applicable qualifying revenue or £250,000, whichever is the greater amount, as the appropriate regulatory authority determine to be—

(a) appropriate; and

(b) proportionate to the contravention or failure in respect of which it is imposed.

(2) In determining the amount of a penalty under subsection (1) the appropriate regulatory authority must have regard to any statement published by OFCOM under section 392 (guidelines to be followed in determining amount of penalties).

(3) The “applicable qualifying revenue”,

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