F1PART 4AON-DEMAND PROGRAMME SERVICES

Annotations:
Amendments (Textual)

Preliminary

368AMeaning of “on-demand programme service”

1

For the purposes of this Act, a service is an “on-demand programme service” if—

a

its principal purpose is the provision of programmes the form and content of which are comparable to the form and content of programmes normally included in television programme services;

b

access to it is on-demand;

c

there is a person who has editorial responsibility for it;

d

it is made available by that person for use by members of the public; and

e

that person is under the jurisdiction of the United Kingdom for the purposes of the Audiovisual Media Services Directive.

2

Access to a service is on-demand if—

a

the service enables the user to view, at a time chosen by the user, programmes selected by the user from among the programmes included in the service; and

b

the programmes viewed by the user are received by the user by means of an electronic communications network (whether before or after the user has selected which programmes to view).

3

For the purposes of subsection (2)(a), the fact that a programme may be viewed only within a period specified by the provider of the service does not prevent the time at which it is viewed being one chosen by the user.

4

A person has editorial responsibility for a service if that person has general control—

a

over what programmes are included in the range of programmes offered to users; and

b

over the manner in which the programmes are organised in that range;

and the person need not have control of the content of individual programmes or of the broadcasting or distribution of the service (and see section 368R(6)).

5

If an on-demand programme service (“the main service”) offers users access to a relevant ancillary service, the relevant ancillary service is to be treated for the purposes of this Part as a part of the main service.

6

In subsection (5), “relevant ancillary service” means a service or facility that consists of or gives access to assistance for disabled people in relation to some or all of the programmes included in the main service.

7

In this section “assistance for disabled people” has the same meaning as in Part 3.