Media Act 2024

3 (1) Paragraph 8 of Schedule 12 to that Act (programme quotas for original productions) is amended as follows.

(2) For sub-paragraph (1) substitute—

“(1) It shall be the duty of S4C to secure that, in each year—

(a) it makes available qualifying audiovisual content that includes a range of original productions,

(b) the duration (in total) of those original productions is at least the number of hours determined in accordance with sub-paragraph (1B), and

(c) if OFCOM so provide in a direction given to S4C, the additional peak viewing time objective described in sub-paragraph (1A) is met.

(1A) The additional peak viewing time objective is that (out of the number of hours determined for the purposes of sub-paragraph (1)(b)) at least the number of hours determined in accordance with sub-paragraph (1B) is allocated to the broadcasting of original productions included in S4C Digital at peak viewing times.

(1B) A determination for the purposes of sub-paragraph (1)(b) or (1A) is to be—

(a) by agreement between S4C and OFCOM, or

(b) in default of agreement, by a direction given by OFCOM to S4C specifying the number of hours.

(1C) Before giving a direction under sub-paragraph (1)(c), OFCOM must consult S4C.”

(3) Omit sub-paragraphs (2) to (5).

(4) In sub-paragraph (6), omit the words from “, in relation to” to “the Welsh Authority,”.

(5) After sub-paragraph (7) insert—

“(7A) An order under sub-paragraph (6) may—

(a) authorise OFCOM to give a direction to S4C that original productions of a description specified in the direction may not be counted towards meeting S4C’s duty under sub- paragraph (1);

(b) require OFCOM to consult S4C before giving such a direction;

(c) require OFCOM to prepare and publish guidance about the determination of whether an original production falls within a description specified in a direction given by virtue of paragraph (a);

(d) require S4C to have regard to that guidance.”

(6) Omit sub-paragraph (10).

(7) In sub-paragraph (11), in the definition of “peak viewing time”—

(a) omit the words from “, in relation to” to “the Welsh Authority,”;

(b) for “one or more of those services” substitute “S4C Digital”.

(8) After sub-paragraph (12) insert—

“(13) See also sections 278B and 278C (which make further provision for the interpretation of this paragraph etc).”