PART 4A

ON-DEMAND PROGRAMME SERVICES

Information

Power to require information
368O
1
The appropriate regulatory authority may by notice require a person within
subsection (5)
to provide them with any information that they require for the purpose of carrying out their functions under this Part.
2
OFCOM may by notice require a person within
subsection (5)
to provide them with any information that they require for the purpose of carrying out their functions under Part 5 of the 1996 Act, so far as relating to Tier 1 services.
3
The power conferred by
subsection (1)
or
(2)
includes power to require a person within
subsection (5)
to obtain or generate information.
4
The power conferred by
subsection (1)
or
(2)
must be exercised in a way that is proportionate to the use to which the information is to be put by OFCOM.
5
The persons within this subsection are—
a
a provider of an on-demand programme service or a non-UK on-demand programme service;
b
a person who was a provider of an on-demand programme service or a non-UK on-demand programme service at a time to which the required information relates;
c
a person who is not within
paragraph (a)
or
(b)
but who appears to the appropriate regulatory authority to have, or to be able to obtain or generate, information required by them as mentioned in
subsection (1)
.
6
The information that the appropriate regulatory authority may require under
subsection (1)
includes, in particular, information that they require for any one or more of the following purposes—
a
the purpose of determining whether a person is a provider of an on-demand programme service or a non-UK on-demand programme service;
b
the purpose of determining whether a person is a provider of a Tier 1 service;
c
the purpose of determining whether there has been any change of circumstances that may affect a determination mentioned in
paragraph (a)
or
(b)
;
d
the purpose of assessing compliance with any duty imposed on a provider of an on-demand programme service by or by virtue of Chapter 2;
e
the purpose of assessing compliance with any duty imposed on a provider of a Tier 1 service by or by virtue of Chapter 3;
f
the purpose of an investigation being carried out by the authority to determine whether a contravention of section 368BA, 368CB or 368D has occurred or is occurring;
g
the purpose of an investigation being carried out by the authority to determine whether there has been a failure to take an appropriate measure for the purpose mentioned in section 368E(4) or a failure to implement such a measure effectively;
h
the purpose of an investigation being carried out by the authority to determine whether a contravention of
section 368HC
,
368HJ
(1)
,
368HK
(2)
or
368HP
has occurred or is occurring;
i
the purpose of ascertaining or calculating applicable qualifying revenue under section 368J;
j
the purpose of determining the appropriate fee that a provider is required to pay under section 368NA.
7
A notice under
subsection (1)
or
(2)
(an “information notice”) must—
a
specify or describe the information to be provided,
b
specify why the information is required,
c
specify the form and manner in which the information must be provided, and
d
contain information about the consequences of not complying with the notice.
8
An information notice must specify when the information must be provided which may be—
a
on or by a specified date, or
b
within a specified period.
9
The power conferred by
subsection (1)
or
(2)
does not include power to require the provision of information in respect of which a claim to legal professional privilege, or (in Scotland) to confidentiality of communications, could be maintained in legal proceedings.
10
A person to whom an information notice is given must provide the information in accordance with any requirements included in the notice (subject to
subsection (11)
).
11
The duty under
subsection (10)
does not require a disclosure of information if that disclosure would contravene the data protection legislation (but, in determining whether a disclosure would do so, that duty is to be taken into account).
12
In this section—
- “
data protection legislation
” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act);
- “
information
” includes technical information and material such as videos, audiovisual commercial communications, screenshots and archived material.

Information powers: supplementary
368OZA
1
Any power to require the provision of information under
section 368HB
,
368O
or
368OB
includes power to require the provision of information held outside the United Kingdom.
2
In the following provisions of this section, a “
Part 4A information duty
” means—
a
the duty under
section 368HB
(12)
;
b
the duty under
section 368O
(10)
;
c
the duty under
section 368OB
(9)
.
3
Sections 368I and 368K apply in relation to a failure by a provider of an on-demand programme service, or a non-UK on-demand programme service that is a Tier 1 service, to comply with a Part 4A information duty as if that failure were a contravention of section 368D.
4
Section 368I applies in relation to a failure by a person other than one described in
subsection (3)
to comply with a Part 4A information duty falling within subsection (2)(a) or (b) as if that failure were a contravention of section 368D.
5
Where section 368I applies in accordance with
subsection (4)
—
a
references in section 368I or 368J to a provider of an on-demand programme service are to be read as references to the person who has failed to comply with the Part 4A information duty, and
b
section 368J(1) applies as if, for the words “5 per cent. of the provider’s applicable qualifying revenue or £250,000, whichever is the greater amount”, there were substituted
“£250,000”
.

Co-operation with EEA States
368OA
OFCOM may co-operate with EEA States which are subject to the Audiovisual Media Services Directive, and with the national regulatory authorities of such EEA states, for the following purposes—
a
facilitating the carrying out by OFCOM of any of their functions under this Part, or
b
facilitating the carrying out by the national regulatory authorities of the EEA states of any of their functions in relation to on-demand programme services under the Directive as it has effect in EU law as amended from time to time.
Ss. 368O, 368OZA substituted for s. 368O (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 6 para. 11(1); S.I. 2024/858, reg. 2(1)(z)
S. 368OA substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(h), Sch. 12 para. 10; S.I. 2024/858, reg. 2(1)(z6)
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2