Part 3A

Prominence on television selection services

Designated internet programme services

Revocation of designation
362AB
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.
Pt. 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))