The Audiovisual Media Services Regulations 2009

UK Statutory Instrument 2009 No. 2979 — creates 2 criminal offences.

Made

9 November 2009

In force from

19 December 2009

Extent

Not stated

Subject

Energy, communications, water and utilities

Made under

European Communities Act 1972

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations implement Directive 2007/65 EC of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities (“the Directive”). These Regulations insert new provisions into the Communications Act 2003 (“the Act”). Regulation 2 inserts a new Part 4A into the Act in order to regulate on-demand programme services. Section 368A sets out the meaning of an on-demand programme service and section 368B provides for OFCOM to designate a body as an appropriate regulatory authority. OFCOM is also an appropriate regulatory authority under this Part of the Act. Section 368C imposes duties on the appropriate regulatory authority and sections 368D to 368H impose requirements on the provider of an on-demand programme service. Section 368I sets out an enforcement mechanism for the appropriate regulatory authority in relation to the requirements in sections 368D to 368H. Section 368J regulates the amount of a financial penalty which may be imposed under section 368I and sets out how such a penalty is to be calculated and paid. Sections 368K and 368L confer powers on the appropriate regulatory authority to direct that the entitlement of a provider of an on-demand service to provide that service is suspended or restricted in specified circumstances. A criminal offence to enforce directions made under section 368K or 368L is set out in section 368N. Section 368O provides a power for the appropriate regulatory authority to require the provision of information from the provider of an on-demand programme service for specified purposes. Section 368P sets out which provisions of the regulations apply to the BBC and Regulation 3 describes the functions of OFCOM in relation to the BBC and its on-demand programme services. Section 368Q sets out which provisions apply to the Welsh Authority. Section 368R defines some of the terms used in Part 4A including in subsection (6) the interpretation of the meaning of “BBC” and “Welsh Authority”. Regulation 4 inserts amendments into Schedule 12 of the Act to create an obligation on the Welsh Authority to regulate on-demand programme services provided by Sianel Pedwar Cymru, except in respect of advertising which will be regulated by the appropriate regulatory authority. Regulation 6 amends the definition of television licensable content services, making two changes. Firstly, a principal purpose test in inserted into section 232(2)(b) of the Act and secondly section 233 is amended so that the exclusion of services provided over the internet from the definition of a television licensable content service is removed. Regulation 7 inserts a new section 335A into the Act. This creates a new co-operation procedure which applies to specified broadcasters and holders of broadcast licences. Minor amendments are made to the Act by regulations 8 to 11. Regulation 12 amends the Copyright, Designs and Patents Act 1988 so that copyright would not be infringed by the provision of information, making of recordings or the use of material where it provided or used pursuant to specified sections of the Act. Regulation 13 amends the Wireless Telegraphy Act 2006 to enable OFCOM to require a satellite uplinker to cease or suspend uplinking a relevant regulated television service or an on-demand programme service in certain circumstances. The amendments made by Regulation 13 apply where the service is provided by a person who is deemed to be under the jurisdiction of the United Kingdom for the purpose of the Directive only because that person provides such service by means of a satellite uplink apparatus situated within the United Kingdom. A transposition note and an impact assessment of the effect that this instrument will have on the costs to business and the voluntary sector are available from the website of the Department for Culture, Media and Sport (www.culture.gov.uk). They are also annexed to the Explanatory Memorandum which is available alongside the instrument on the OPSI website.

Offences created by this instrument

• Enforcement of directions under section 368K or 368L 368N 1 A person (“P”) is guilty of an offence if P provides an… regulation 2 · Status not determined · Mixed — some elements strict, some not
• Enforcement of directions under section 368K or 368L regulation 368N(1) · Status not determined · Strict liability

What Parliament said about it

Contributions, debates and written statements mentioning this instrument by name. Parliamentary material is reused under the Open Parliament Licence v3.0.

• Communications Act 2003 (Disclosure of Information) Order 2010 Lords · Grand Committee · 1 February 2010 · Lord Clement-Jones

  My Lords, I commend the Minister on the admirable brevity of his introduction. If it were not for the fact that I have had quite enough exercise today, I, too, would have brought in my copies of the Communications Act. As the Minister indicated, this is the tail end of a process of implementation of the Audiovisual Media Services Directive 2007 and the Audiovisual Media Services Regulations 2009, which relate to on-demand services. We on these Benches agree that the current order is consequential on the 2009 regulations. We also agree with the so-called coregulation solution that has been…

• Digital Economy Bill [HL] Lords · Lords Chamber · 8 February 2010 · Lord Davies of Oldham

  My Lords, I am happy to reassure the noble Baroness, Lady Howe, and the right reverend Prelate the Bishop of Manchester on these points, but I cannot accept the amendment because we have a law in place that achieves its effect. Section 368E(2) of the Communications Act was introduced by the Audiovisual Media Services Regulations 2009 and requires that, if an on-demand programme service contains material which might cause serious impairment to children or young people, it should only be shown in a way that would ensure that they do not usually see it or hear it. The regulations are in…

• Digital Economy Bill [HL] Lords · Lords Chamber · 1 March 2010 · Baroness Buscombe

  Let me begin by once again declaring my interest in this matter as chairman of the Press Complaints Commission and making it clear that I am not here to represent or support the newspaper industry. My interest relates wholly and directly to the crucial issue of self-regulation or, as I would prefer to call it, regulation that is entirely independent of the state. My concern is to ensure that the Bill does not diminish the freedom of the press and magazine industry to publish news online that may be partial, including news where there is a person exercising editorial control over that…

• Digital Economy Bill Commons · Commons Chamber · 13 September 2016 · Fiona Bruce (Congleton) (Con)

  I welcome the Bill and the Government’s commitment to the universal service obligation and a quality high-speed broadband connection to every home and business. I do so in the hope that it will facilitate an end to the difficulties endured by very many of my constituents, of whom Ministers are aware, as a result of poor internet speeds that are in some cases wholly inadequate, such as the business owners who have a broadband connection so slow that it can take hours to send one email. I hope, too, that it will end the deep frustration of buyers of new build homes, such as those in Somerford…

How Parliament handled it

Parliament's Statutory Instruments service records procedure from May 2017 onwards, and this instrument predates it. That is a limit of the source, not a statement that nothing happened.

Check the source

• This instrument on legislation.gov.uk The authoritative text, including amendments made since
• Other instruments from 2009