PART 4A

ON-DEMAND PROGRAMME SERVICES
Chapter 3

Regulation of Tier 1 services

Meaning of Tier 1 service

Power to specify Tier 1 services etc
368HB
1
The Secretary of State may by regulations provide that an on-demand programme service, or a non-UK on-demand programme service, is a Tier 1 service if it is specified, or falls within a description specified, in the regulations.
2
The Secretary of State may make regulations under
subsection (1)
only if the Secretary of State is satisfied that it is appropriate for the providers of the services specified, or falling within a description specified, in the regulations to be subject to the duties imposed on providers of Tier 1 services.
3
Before making regulations under
subsection (1)
(but after considering any report prepared by OFCOM under
subsection (5)
or
(6)
), the Secretary of State must publish on a publicly accessible part of an official website of His Majesty’s Government a list of the services, or descriptions, that the Secretary of State proposes to specify in the regulations.
4
Regulations are not to be made under
subsection (1)
unless the period of five sitting days beginning with the first sitting day after the date on which the requirement in
subsection (3)
is met in relation to the regulations has expired.
5
Before making the first regulations under
subsection (1)
, the Secretary of State must—
a
request OFCOM to prepare a report on the operation of the market in the United Kingdom for on-demand programme services and non-UK on-demand programme services, and
b
have regard to the contents of that report.
6
Where the Secretary of State is considering whether to make a second or subsequent set of regulations under
subsection (1)
, the Secretary of State—
a
may request OFCOM to prepare a further report on the operation of the market in the United Kingdom for on-demand programme services and non-UK on-demand programme services, and
b
where a request is made, the Secretary of State must have regard to the contents of the report in deciding whether to make the regulations.
7
In preparing a report requested under
subsection (5)
(a)
or
(6)
(a)
, OFCOM must deal with any matters specified by the Secretary of State in the request (as well as any other matters that they consider appropriate).
8
For the purposes of preparing a report requested under
subsection (5)
(a)
or
(6)
(a)
, OFCOM may request any person who appears to be the provider of an on-demand programme service or a non-UK on-demand programme service to provide OFCOM with any information relating to that service that is specified in the request.
9
The power conferred by
subsection (8)
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
Information provided in response to a request by OFCOM may be shared by OFCOM with the Secretary of State but may not be further shared (whether by OFCOM or the Secretary of State).
11
A request under
subsection (8)
may—
a
specify a period of time within which the information must be provided;
b
specify the form and manner in which the information must be provided.
12
A person who is requested to provide information under
subsection (8)
must comply with that request.
13
In this section “
sitting day
” means a day on which both Houses of Parliament sit.
Pt. 4A Ch. 3 inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 5; S.I. 2024/858, reg. 2(1)(y)
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2