[F1PART 4AU.K.ON-DEMAND PROGRAMME SERVICES

Textual Amendments

[F2Chapter 2U.K.Regulation of on-demand programme services]

Textual Amendments

Duties of service providersU.K.

[F3368CBQuota for European worksU.K.

(1)A person providing an on-demand programme service must secure that, in each year, on average at least 30% of the programmes included in the service are European works.

(2)A person providing an on-demand programme service must ensure the prominence of European works in the service.

(3)Subsections (1) and (2) do not apply to a person providing an on-demand programme service in relation to any period throughout which—

(a)the service has a low turnover or a low audience, or

(b)it is impracticable or unjustified for those subsections to apply because of the nature or theme of the service.

(4)An exemption under subsection (3)(b) is at the discretion of the appropriate regulatory authority.

(5)Where a person does not provide an on-demand programme service for a whole year, compliance with subsection (1) is to be assessed in relation to the period in that year during which the person does provide the service.

(6)In assessing a provider’s compliance with subsection (1), any period for which an exemption under subsection (3)(a) or (b) applies to the provider is to be discounted.

(7)In this section—

(8)This section is to be interpreted in accordance with the Communication from the European Commission (2020/C223/03) “Guidelines pursuant to Article 13(7) of the Audiovisual Media Services Directive on the calculation of the share of European works in on-demand catalogues and on the definition of low audience and low turnover” published in Volume 63 of the Official Journal of the European Union on 7 July 2020 [F5as amended from time to time].]]

Textual Amendments