F1Part 3AProminence on television selection services
Power to require information
362ASPower to require information
(1)
OFCOM may by notice (an “information notice”) require a person within subsection (4) to provide them with any information that they require for the purpose of carrying out their functions under this Part.
(2)
The power conferred by subsection (1) includes power to require a person within subsection (4) to obtain or generate information.
(3)
The power conferred by subsection (1) must be exercised in a way that is proportionate to the use to which the information is to be put by OFCOM.
(4)
The persons within this subsection are—
(a)
a public service broadcaster;
(b)
a provider of an internet programme service;
(c)
a provider of a television selection service;
(d)
a person who provides an ancillary service in relation to an internet programme service or a television selection service;
(e)
a manufacturer of apparatus that is, or in combination with other apparatus is, internet television equipment;
(f)
a person who creates or provides software used in association with such apparatus;
(g)
(h)
a person who is not within any of paragraphs (a) to (g) but who appears to OFCOM to have, or to be able to obtain or generate, information required by them as mentioned in subsection (1).
(5)
The information that OFCOM 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 deciding whether to designate an internet programme service for the purposes of this Part or to revoke such a designation;
(b)
the purpose of assessing compliance with section 362AD(1) (duty to notify OFCOM where cease to be associated with a public service broadcaster);
(c)
the purpose of preparing a report under section 362AG (advice from OFCOM about the designation of television selection services etc);
(d)
the purpose of assessing compliance with section 362AH (duty of providers of television selection services to notify OFCOM);
(e)
the purpose of assessing compliance with any duty of a provider of a designated internet programme service under section 362AJ or 362AN (must-offer and content of designated internet programme services obligations);
(f)
the purpose of assessing compliance with any duty of the BBC under the BBC Charter and Agreement that is comparable to any duty of a provider of a designated internet programme service under section 362AJ or 362AN;
(g)
the purpose of assessing compliance with any duty of a provider of a regulated television selection service under section 362AK or 362AO (must-carry and prominence obligations);
(h)
the purpose of preparing or reviewing a code of practice under section 362AP (code of practice relating to duties under section 362AO);
(j)
the purpose of assessing compliance with any requirements imposed by a confirmation decision under section 362AZ1;
(k)
the purpose of determining the appropriate fee that a provider is required to pay under section 362AZ6;
(l)
the purpose of OFCOM’s monitoring role under section 362AZ9;
(m)
the purpose of ascertaining the amount of a person’s or a group of entities’ qualifying worldwide revenue for the purposes of paragraph 3 or 4 of Schedule 16A.
(6)
An information notice must—
(a)
specify or describe the information to be provided,
(b)
specify why OFCOM require the information,
(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.
(7)
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.
(8)
The power conferred by subsection (1) 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.
(9)
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 (10)).
(10)
The duty under subsection (9) 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).
(11)
For the purposes of subsection (4)(d), a service is an “ancillary service” in relation to an internet programme service or a television selection service if it facilitates the provision of that service (or part of it), whether directly or indirectly.
(12)
In this section, a reference to the functions of OFCOM under this Part includes a reference to their functions under Schedules 16A and 16B, so far as relating to this Part.
(13)
In this section, “data protection legislation” has the same meaning as in the Data Protection Act 2018 (see section 3 of that Act).