Textual Amendments
F1Pt. 3A inserted (24.5.2024 for specified purposes, 23.8.2024 except for the insertion of ss. 362AA(1)(a)(c)(5)(8), 362AJ, 362AK, 362AO) by Media Act 2024 (c. 15), ss. 28(1), 55(1)(a); S.I. 2024/858, reg. 2(1)(h) (with reg. 2(2))
(1)In this Part, “designated internet programme service” means—
(a)an internet programme service provided by the BBC,
(b)an internet programme service provided by a public service broadcaster other than the BBC and designated by OFCOM under subsection (2) for the purposes of this Part, or
(c)an internet programme service provided by a person associated with a public service broadcaster and designated by OFCOM as described in paragraph (b).
(2)OFCOM may designate an internet programme service provided by a public service broadcaster other than the BBC or a person associated with a public service broadcaster if—
(a)the service satisfies the conditions in subsection (3), (4) or (5) that apply to it; and
(b)OFCOM consider that it is appropriate to designate the service.
(3)The conditions in the case of an internet programme service provided by the provider of a licensed public service channel or a person associated with the provider of that licensed public service channel are—
(a)that the service makes or would, if designated, be capable of making—
(i)a significant contribution to the fulfilment of the public service remit for that licensed public service channel, or
(ii)in a case where the provider of the service is, in relation to two or more licensed public service channels, either the provider of, or a person associated with the provider of, the channels, a significant contribution to the fulfilment of the public service remit for at least one of those licensed public service channels; and
(b)that the public service remit content included in the service is readily discoverable and is promoted by the service.
(4)The conditions in the case of an internet programme service provided by S4C or a person associated with S4C are—
(a)that the service makes or would, if designated, be capable of making a significant contribution to the fulfilment of S4C’s public service remit; and
(b)that the public service remit content included in the service is readily discoverable and is promoted by the service.
(5)The conditions in the case of an internet programme service provided by a person associated with the BBC are—
(a)that the service makes or would, if designated, be capable of making a significant contribution to the promotion of one or more of the BBC’s public purposes; and
(b)that the material contributing to the promotion of one or more of those purposes which is included in the service is readily discoverable and is promoted by the service.
(6)In considering whether an internet programme service provided by a person other than the BBC satisfies the conditions in subsection (3), (4) or (5) that apply to it, OFCOM must have regard to any statement for the time being published by OFCOM under section 362AC.
(7)In considering whether it is appropriate to designate an internet programme service provided by a public service broadcaster other than the BBC or a person associated with such a broadcaster, OFCOM must have regard, in particular, to the following matters—
(a)any proposals included in any such public service broadcaster’s latest statement of programme policy published under section 266 or 267 or paragraph 4 of Schedule 12 as to the contribution that the internet programme service will make towards fulfilling the public service remit for its licensed public service channel or (as the case may be) S4C’s public service remit;
(b)whether that proposed contribution is capable of satisfying the needs and interests of—
(i)a specific audience, in a case where the service would, if designated, be the second or further designated internet programme service provided by a public service broadcaster or a person associated with that broadcaster, or
(ii)a wide range of audiences, in any other case;
(c)in relation to any such public service broadcaster whose public service remit content is included in the internet programme service, how effective and efficient is the broadcaster’s monitoring of its performance so far as relating to the fulfilment of the public service remit for its licensed public service channel or (as the case may be) S4C’s public service remit.
(8)In considering whether it is appropriate to designate an internet programme service provided by a person associated with the BBC, OFCOM must have regard, in particular, to the following matters—
(a)any proposals included in a statement of policy made by the BBC in pursuance of the BBC Charter and Agreement as to the contribution that the service will make towards the promotion of one or more of the BBC’s public purposes;
(b)whether that proposed contribution is capable of satisfying the needs and interests of—
(i)a specific audience, in a case where the service would, if designated, be the second or further designated internet programme service provided by the BBC or a person associated with the BBC, or
(ii)a wide range of audiences, in any other case;
(c)how effective and efficient is the BBC’s monitoring of the contribution of persons associated with the BBC to the promotion of one or more of the BBC’s public purposes.
(9)Before designating an internet programme service, OFCOM must consult—
(a)the provider of the service;
(b)such other persons as OFCOM consider appropriate.
(10)In this Part, a reference to an internet programme service is a reference to—
(a)an on-demand programme service where the programmes viewed by a user of the service are accessed by the user by means of the internet,
(b)a non-UK on-demand programme service where the programmes viewed by a user of the service are accessed by the user by means of the internet, or
(c)a service which satisfies the requirements in subsection (11).
(11)The requirements are—
(a)that the principal purpose of the service is the provision of programmes,
(b)that the programmes viewed by a user of the service are accessed by the user by means of the internet, and
(c)that the programmes it provides to a user of the service are contained in—
(i)such on-demand programme service as is described in subsection (10)(a) or such non-UK on-demand programme service as is described in subsection (10)(b), and
(ii)another service which is, or two or more other services each of which is, such an on-demand programme service, such a non-UK on-demand programme service, or a service (other than those kinds of service) that consists of, or has as its principal purpose the provision of, programmes.
(12)In this section—
“public service remit”—
in relation to a Channel 3 service or Channel 5, has the meaning given by section 265(2);
in relation to Channel 4, has the meaning given by section 265(3);
in relation to S4C, has the meaning given by section 204A;
“public service remit content”, in relation to an internet programme service provided by a public service broadcaster other than the BBC or a person associated with such a broadcaster, means material included in the internet programme service that contributes to the fulfilment of—
the public service remit for the licensed public service channel in question, or
S4C’s public service remit (as the case may be).
(1)If an internet programme service provided by a person other than a public service broadcaster is designated under section 362AA(2), the designation is revoked on the person ceasing to be associated with—
(a)if the person is associated with only one public service broadcaster, that public service broadcaster, or
(b)if the person is associated with more than one public service broadcaster, all of those public service broadcasters.
(2)OFCOM may give notice under subsection (3) to a person other than the BBC who provides a designated internet programme service if OFCOM consider that there are reasonable grounds for believing that—
(a)a designated internet programme service provided by that person is not making such contribution as is described in subsection (3)(a), subsection (4)(a) or (as the case may be) subsection (5)(a) of section 362AA,
(b)the content included in the service which is of the description referred to in subsection (3)(b), subsection (4)(b) or (as the case may be) subsection (5)(b) of section 362AA is not readily discoverable or is not promoted by the service, or
(c)the service is not a service that it would be appropriate for OFCOM to designate under section 362AA(2).
(3)A notice under this subsection must—
(a)state that OFCOM consider that there are reasonable grounds for believing the matter in paragraph (a), (b) or (c) of subsection (2);
(b)give OFCOM’s reasons for that opinion;
(c)give OFCOM’s reasons for proposing to revoke the designation of the internet programme service;
(d)state that the person may make representations to OFCOM about the matters contained in the notice;
(e)specify the period within which such representations may be made.
(4)Where the period allowed for representations has expired, OFCOM must, after considering any representations that have been made—
(a)decide whether or not to revoke the designation, and
(b)give notice to the person of their decision.
(5)Where OFCOM decide to revoke a designation, a notice under subsection (4)(b) must—
(a)state that OFCOM are satisfied as to the matter in paragraph (a), (b) or (c) of subsection (2);
(b)give OFCOM’s reasons for being so satisfied.
(6)In considering whether there are reasonable grounds for believing the matter in paragraph (a), (b) or (c) of subsection (2) or whether they are satisfied as to that matter, OFCOM must have regard to any statement for the time being published by OFCOM under section 362AC.
(7)OFCOM must revoke a designation of an internet programme service under section 362AA(2) if the person providing the service requests them to do so.
(1)OFCOM must prepare and publish a statement providing—
(a)information about the methods applied in determining the matters in sections 362AA(3), (4) and (5) and 362AB(2), and
(b)such other information relating to the determination of those matters as OFCOM consider appropriate.
(2)OFCOM may revise or replace a statement published under this section and, where they do so, must publish the revised or replacement statement.
(1)Where an internet programme service provided by a person associated with a public service broadcaster has been designated under section 362AA(2), the person must give notice to OFCOM if the person ceases to be a person associated with that public service broadcaster.
(2)A notice given to OFCOM under this section must—
(a)be sent in such manner as OFCOM may require;
(b)contain such information as OFCOM may require.]