Common use of Sanctions and Remedies Clause in Contracts

Sanctions and Remedies. 6.1. As a result of an investigation (whether following a complaint or otherwise), if IMPRESS is of the view that a publisher has been responsible for serious or systemic breaches of the Code or governance requirements, it will notify the publisher of its view together with any proposed sanction, in a provisional determination. The notification will invite the publisher to respond to IMPRESS within a period specified. 6.2. IMPRESS may impose appropriate and proportionate sanctions including financial sanctions up to 1% of turnover attributable to the publication concerned with a maximum of £1m. IMPRESS may require publishers to supply appropriate information relating to their turnover. 6.3. An adjudication may require appropriate remedial action and the publication of corrections and apologies. IMPRESS may direct the nature, extent and placement of corrections and apologies. IMPRESS will require significant inaccuracies to be corrected with due prominence, which will normally be equal prominence. 6.4. In considering the imposition of a sanction, IMPRESS will take all relevant circumstances into account, including 6.5. After considering any representations received from the publisher in response to a provisional determination, IMPRESS may confirm or modify its view and may issue a final determination. 6.6. A final determination will be published on the IMPRESS website within 7 calendar days of its issue. All other documents and materials collected and shared during the course of investigating a complaint will be kept confidential and must not be published by any party involved in the complaint, except to the extent that disclosure may be required by a legal duty, to pursue or protect a legal right or that such documents may already be in the public domain. 6.7. Receipts from financial sanctions will be held in a ring-fenced enforcement fund for the purpose of funding investigations.