The Audiovisual Media Services Regulations 2020

41.  In section 368O(2) (power to demand information)(1)—

(a) in paragraph (a)—

(i) for “or section 368D” substitute “, 368CB or 368D”,

(ii) for “368CA” substitute “368BC”, and

(iii) in sub-paragraph (ii), for “a contravention of either of those sections” substitute “such a contravention”;

(b) after paragraph (a) insert—

“(aa) the purposes of an investigation which the appropriate regulatory authority are carrying out in order to determine whether a person who appears to them to be or to have been a provider of an on-demand programme service has failed to take an appropriate measure in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively, where—

(i) the investigation relates to a matter about which they have received a complaint, or

(ii) they otherwise have reason to suspect that there has been such a failure;”.

(1)

Section 368O was inserted by S.I. 2009/2979; subsection (2) was amended by S.I. 2010/419 and section 93 of the Digital Economy Act 2017.