Part 3

Television and Radio Services ETC
Chapter 4

Regulatory provisions

Programming quotas for public service television

Quotas: meaning of “qualifying audiovisual content” etc
278B
1
In this Part, “
qualifying audiovisual content
” means any material, other than advertisements, included in a qualifying audiovisual service.
2
For the purposes of this Part, a person makes available qualifying audiovisual content if—
a
that content is provided by—
i
the person, or
ii
a person associated with the person, under arrangements made between the person and that associated person,
by means of a qualifying audiovisual service provided by the person or (as the case may be) that associated person,
b
that content, and the qualifying audiovisual service by means of which it is provided, may be received or accessed in intelligible form and free of charge, and
c
where the qualifying audiovisual service in question is an on-demand programme service, that content is available for the period described in section 264
(8B)
unless it is excepted by section 264
(8C)
.
3
Where the period described in section 264
(8B)
falls partly in one year and partly in another year, the person is to be regarded for the purposes of this Part as making the qualifying audiovisual content available in the year in which the period begins.
4
Section
362AZ12
(6)
(meaning of references to a person associated with a public service broadcaster) applies for the purposes of
subsection (2)
(a) as it applies for the purposes of Part 3A.
5
Subsection
(8A)
of section 264 applies for the purposes of
subsection (2)
(b)
as it applies for the purposes of
subsection (8)
of that section.
6
For the purposes of this Part, the following are qualifying audiovisual services—
a
television broadcasting services;
b
on-demand programme services that are, or form part of, designated internet programme services;
c
any other service that—
i
is a relevant audiovisual service for the purposes of section 264 (see section 264
(11)
), and
ii
is specified, or falls within a description specified, in regulations made by the Secretary of State.
7
In relation to a qualifying audiovisual service that is an on-demand programme service, references in this Part to “
provide
” (and related expressions) are to be read in accordance with section 368R(5).
8
Before making regulations under
subsection (6)
(c)
, the Secretary of State must consult OFCOM.
9
A statutory instrument containing regulations under
subsection (6)
(c)
may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
10
In this section, “
designated internet programme service
” has the same meaning as in Part 3A (see
section 362AZ12
).
Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)
Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
S. 278B inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), ss. 11, 55(3)(a); S.I. 2024/858, reg. 3, Sch.
Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)