Communications Act 2003

[F1 368D Duties of service providers U.K.

(1) The provider of an on-demand programme service must ensure that the service complies with the requirements of sections [F2 368E(1) and (2) and 368F to 368H].

(2) The provider of an on-demand programme service (“P”) must supply the following information to users of the service—

(a) P’s name;

(b) P’s address;

(c) P’s electronic address;

[F3 (ca) a statement that P is [F4 subject to regulation by the appropriate regulatory authority as a result of section 368A(1)(e) and (f);]]

(d) the name, address and electronic address of any body which is the appropriate regulatory authority for any purpose in relation to P or [F5 the on-demand programme service] that P provides.

(3) The provider of an on-demand programme service must—

[F6 (zza) provide the appropriate regulatory authority with a copy of any accessibility action plan drawn up by the provider as mentioned in section 368C(2);]

[F7 (za) pay to the appropriate regulatory authority such fee as that authority may require under section 368NA;

(zb) retain a copy of every programme included in the service for at least [F8 60 days] after the day on which the programme ceases to be available for viewing;]

(a) comply with any requirement under section 368O (provision of information);

(b) co-operate fully with the appropriate authority for any purpose within [F9 section 368O(2) or (6)].

[F10 (3A) A copy of a programme retained for the purposes of subsection (3)(zb) must be of a standard and in a format which allows the programme to be viewed as it was made available for viewing.]

(4) In this section “electronic address” means an electronic address to which users may send electronic communications, and includes any number or address used for the purposes of receiving such communications.]

Textual Amendments

F1 Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2

F2 Words in s. 368D(1) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 31(a) (with Pt. 7)

F3 S. 368D(2)(ca) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 31(b)(i) (with Pt. 7)

F4 Words in s. 368D(2)(ca) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(h), Sch. 12 para. 8; S.I. 2024/858, reg. 2(1)(z6)

F5 Words in s. 368D(2)(d) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 31(b)(ii) (with Pt. 7)

F6 S. 368D(3)(zza) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 31(c) (with Pt. 7)

F7 S. 368D(3)(za)(zb) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 5(1)

F8 Words in s. 368D(3)(zb) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 8 para. 7; S.I. 2024/858, reg. 2(1)(z2)

F9 Words in s. 368D(3)(b) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 6 para. 11(2); S.I. 2024/858, reg. 2(1)(z)

F10 S. 368D(3A) inserted (18.3.2010) by The Audiovisual Media Services Regulations 2010 (S.I. 2010/419), regs. 1(1), 5(2)