PART 4A

ON-DEMAND PROGRAMME SERVICES

Suspension or restriction of service

Suspension or restriction of service for inciting crime or disorder
368L
1
The appropriate regulatory authority must serve a notice under subsection (2) on a provider of an on-demand programme service
or a non-UK on-demand programme service that is a Tier 1 service
if they are satisfied—
a
that—
i
the service has failed to comply with any requirement of section 368E(1) or (2) or sections 368F to 368H and that accordingly the provider has contravened section 368D(1), or
ii
the provider has failed to take a measure which the authority consider to be appropriate in relation to that service for the purpose mentioned in section 368E(4), or has failed to implement such a measure effectively;
b
that the failure is due to
, or has resulted in,
the inclusion in the service of material likely to encourage or to incite the commission of crime, or to lead to disorder; and
c
that the contravention
or failure
is such as to justify the giving of a direction under this section.
2
A notice under this subsection must—
a
state that the appropriate regulatory authority are satisfied as mentioned in subsection (1);
b
give details about the matters which, in their opinion, constitute the contravention or failure in question;
c
specify the effect of the notice in accordance with subsection (3);
d
state that the appropriate regulatory authority may give a direction under this section after the end of the period of twenty-one days beginning with the day on which the notice is served on the provider; and
e
inform the provider of the provider’s right to make representations to the appropriate regulatory authority within that period about the matters appearing to the appropriate regulatory authority to provide grounds for giving a direction under this section.
3
A notice under subsection (2) has the effect specified under subsection (2)(c), which may be either—
a
that the entitlement of the provider to provide an on-demand programme service
or a non-UK on-demand programme service that is a Tier 1 service
is suspended (either generally or in relation to a particular service), or
b
that that entitlement is restricted in the respects set out in the notice.
4
The suspension or restriction has effect as from the time when the notice is served on the provider until either—
a
a direction given under this section takes effect; or
b
the appropriate regulatory authority decide not to give such a direction.
5
If, after considering any representations made to them by the provider within the period mentioned in subsection (2)(d), the appropriate regulatory authority are satisfied that it is necessary in the public interest to give a direction under this section, they must give such of the following as appears to them justified as mentioned in subsection (1)(c)—
a
a direction that the entitlement of the provider to provide an on-demand programme service
or a non-UK on-demand programme service that is a Tier 1 service
is suspended (either generally or in relation to a particular service);
b
a direction that that entitlement is restricted in the respects set out in the direction.
Words in s. 368L(1)(b) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 40(b) (with Pt. 7)
Words in s. 368L(3)(a) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 6 para. 6(3); S.I. 2024/858, reg. 2(1)(z)
S. 368L(2)(b) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 40(d) (with Pt. 7)
Words in s. 368L(1)(c) inserted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 40(c) (with Pt. 7)
Pt. 4A inserted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 2
S. 368L(1)(a) substituted (1.11.2020) by The Audiovisual Media Services Regulations 2020 (S.I. 2020/1062), regs. 1(2), 40(a) (with Pt. 7)
Words in s. 368L(5)(a) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 6 para. 6(4); S.I. 2024/858, reg. 2(1)(z)
Words in s. 368L(1) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 6 para. 6(2); S.I. 2024/858, reg. 2(1)(z)