The Audiovisual Media Services Regulations 2020

32.  In section 368E (harmful material)(1)—

(a) in subsection (1), for “hatred” to the end substitute “violence or hatred against a group of persons or a member of a group of persons based on any of the grounds referred to in Article 21 of the Charter of Fundamental Rights of the European Union of 7 December 2000, as adopted at Strasbourg on 12 December 2007(2).”;

(b) in subsection (3), before paragraph (a) insert—

“(za) material the inclusion of which in an on-demand programme service would be conduct required by any of the following to be punishable as a criminal offence—

(i) Article 5 of Directive (EU) 2017/541 of the European Parliament and of the Council of 15 March 2017 on combating terrorism(3),

(ii) Article 5(4) of Directive 2011/93/EU of the European Parliament and of the Council of 13 December 2011 on combating the sexual abuse and sexual exploitation of children and child pornography(4), or

(iii) Article 1 of Council Framework Decision (2008/913/JHA) of 28 November 2008 on combating certain forms and expressions of racism and xenophobia by means of criminal law(5),”;

(c) for subsection (4) substitute—

“(4) A person providing an on-demand programme service must take appropriate measures to ensure that any specially restricted material is made available by the service in a manner which secures that persons under the age of 18 will not normally see or hear it.

(4A) The measures are to be proportionate to the potential of the material to harm the physical, mental or moral development of such persons.”;

(d) in subsection (5)(c), omit “seriously”.

(1)

Section 368E was inserted by S.I. 2009/2979, and amended by S.I. 2014/2916.

(2)

OJ No. C 303, 14.12.2007, p.1.

(3)

OJ No. L 88, 31.3.2017, p. 6.

(4)

OJ No. L 335, 17.12.2011, p. 1.

(5)

OJ No. L 328, 6.12.2008, p. 55.