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Communications Act 2003

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Communications Act 2003, Section 368E is up to date with all changes known to be in force on or before 01 April 2020. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations. Help about Changes to Legislation

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[F1368EHarmful materialU.K.

This section has no associated Explanatory Notes

(1)An on-demand programme service must not contain any material likely to incite hatred based on race, sex, religion or nationality.

[F2(2)An on-demand programme service must not contain any prohibited material.

(3)“Prohibited material” means—

(a)a video work which the video works authority has determined for the purposes of the 1984 Act not to be suitable for a classification certificate to be issued in respect of it, or

(b)material whose nature is such that it is reasonable to expect that, if the material were contained in a video work submitted to the video works authority for a classification certificate, the video works authority would determine for those purposes that the video work was not suitable for a classification certificate to be issued in respect of it.

(4)An on-demand programme service must not contain any specially restricted material unless the material is made available in a manner which secures that persons under the age of 18 will not normally see or hear it.

(5)“Specially restricted material” means—

(a)a video work in respect of which the video works authority has issued a R18 classification certificate,

(b)material whose nature is such that it is reasonable to expect that, if the material were contained in a video work submitted to the video works authority for a classification certificate, the video works authority would issue a R18 classification certificate, or

(c)other material that might seriously impair the physical, mental or moral development of persons under the age of 18.

(6)In determining whether any material falls within subsection (3)(b) or (5)(b), regard must be had to any guidelines issued by the video works authority as to its policy in relation to the issue of classification certificates.

(7)In this section—

  • “the 1984 Act” means the Video Recordings Act 1984;

  • “classification certificate” has the same meaning as in the 1984 Act (see section 7 of that Act);

  • “R18 classification certificate” means a classification certificate containing the statement mentioned in section 7(2)(c) of the 1984 Act that no video recording containing the video work is to be supplied other than in a licensed sex shop;

  • “the video works authority” means the person or persons designated under section 4(1) of the 1984 Act as the authority responsible for making arrangements in respect of video works other than video games;

  • “video work” has the same meaning as in the 1984 Act (see section 1(2) of that Act).]]

Textual Amendments

F2Ss. 368E(2)-(7) substituted for s. 368E(2) (1.12.2014) by The Audiovisual Media Services Regulations 2014 (S.I. 2014/2916), regs. 1(1), 2

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