Chapter 1Introductory Provisions

368AAMeaning of non-UK on-demand programme service

1

For the purposes of this Act, a service (or a dissociable section of a service) is a “non-UK on-demand programme service” if—

a

it meets the conditions in paragraphs (a) to (d) of section 368A(1),

b

it does not meet one or both of the conditions in paragraphs (e) and (f) of section 368A(1), and

c

the members of the public for whose use it is made available are or include members of the public in the United Kingdom.

2

Section 368A(5) to (7) applies in relation to a non-UK on-demand programme service as it applies in relation to an on-demand programme service.

368ABOverview of Part 4A

1

This section provides an overview of this Part.

2

This Chapter (Chapter 1) gives the meaning of certain expressions used in this Part.

3

Chapter 2 contains provision for the regulation of on-demand programme services (as defined by section 368A).

4

Chapter 3—

a

sets out the rules that apply for determining when an on-demand programme service (as defined by section 368A) or a non-UK on-demand programme service (as defined by section 368AA) is a Tier 1 service,

b

makes provision for certain sections of Chapter 2 to apply in relation to a non-UK on-demand programme service that is a Tier 1 service in the same way that they apply in relation to an on-demand programme service, and

c

makes provision for the additional regulation of Tier 1 services (whether on-demand programme services or non-UK on-demand programme services).

5

Chapter 4 makes provision about the enforcement of certain provisions of Chapters 2 and 3.

6

Chapter 5 makes supplementary provision.

Chapter 2Regulation of on-demand programme services

Audience protection reviews etc

368OBAudience protection reviews etc

1

As soon as practicable after this section comes into force, OFCOM must carry out a review of audience protection measures in use by providers of—

a

on-demand programme services, or

b

non-UK on-demand programme services that are Tier 1 services.

2

The scope of that review is to consider whether the audience protection measures are adequate for the purpose of assisting the providers to comply with the duties imposed on them by or under this Act for the protection of audiences from harm.

3

After the review under subsection (1), OFCOM may carry out further reviews for the same purpose at such times as appear appropriate to OFCOM.

4

“Audience protection measures” are measures that are capable of assisting in protecting audiences from harm, the following being examples—

a

age rating or other classification systems;

b

content warnings;

c

parental controls;

d

age assurance measures.

5

OFCOM may request any provider described in subsection (1) to provide OFCOM with information about its audience protection measures for the purposes of a review under subsection (1) or (3).

6

OFCOM may also request any provider described in subsection (1) to provide OFCOM with information about its audience protection measures where, in consequence of a review or anything else done in the exercise of their functions, they are concerned that the measures in use by that provider are or might be inadequate.

7

A request under subsection (5) or (6) must specify or describe the information to be provided and may also—

a

specify a period of time within which the information must be provided;

b

specify the form and manner in which the information must be provided.

8

A request under subsection (6) may specify that information is to be provided at intervals specified by OFCOM.

9

A provider described in subsection (1) must comply with a request under subsection (5) or (6).

10

OFCOM may publish any information provided to them under this section.

ab

limits the information that may be published by OFCOM under section 368OB;