Legalize / United Kingdom / Public General Act

Communications Act 2003

Type Public General Act

Publication 2003-07-17

Last updated 2026-04-06

State In force

Department Statute Law Database

Source legislation.gov.uk

articles 1

Reform history JSON API

(4) In exercising their functions under sections 105I and 105M to 105V OFCOM must have regard to the statement for the time being in force under this section.

OFCOM reports on security

105Z

(1) As soon as practicable after the end of each reporting period OFCOM must prepare and send to the Secretary of State a report for the period (a “security report”).

(2) A security report must contain such information and advice as OFCOM consider may best serve the purpose mentioned in subsection (3).

(3) The purpose is to assist the Secretary of State in the formulation of policy in relation to the security of public electronic communications networks and public electronic communications services.

(4) A security report must in particular include—

(a) information about the extent to which providers of public electronic communications networks and public electronic communications services have complied during the reporting period with the duties imposed on them by or under sections 105A to 105D, 105I to 105K, 105N(2)(a) and 105O;

(b) information about the extent to which providers of public electronic communications networks and public electronic communications services have acted during the reporting period in accordance with codes of practice issued under section 105E;

(c) information about the security compromises that OFCOM have been informed of during the reporting period under section 105K;

(d) information about the action taken by OFCOM during the reporting period in response to security compromises they have been informed of under section 105K;

(e) information about the extent to which and manner in which OFCOM have exercised the functions conferred on them by sections 105I and 105L to 105V during the reporting period;

(f) information about any particular risks to the security of public electronic communications networks and public electronic communications services of which OFCOM have become aware during the reporting period;

(g) any other information of a kind specified in a direction given by the Secretary of State.

(5) A security report must not include personal data (within the meaning of Parts 5 to 7 of the Data Protection Act 2018 (see section 3(2) and (14) of that Act).

(6) The Secretary of State may—

(a) publish a security report or any part of it; or

(b) disclose a security report or any part of it to any person or body performing functions of a public nature for the purpose of enabling or assisting the performance of those functions.

(7) In publishing or disclosing a security report or any part of a security report, the Secretary of State must have regard to the need to exclude from publication or disclosure, so far as is practicable, the matters which are confidential in accordance with subsection (8).

(8) A matter is confidential under this subsection if—

(a) it relates to the affairs of a particular body; and

(b) publication or disclosure of that matter would or might, in the Secretary of State’s opinion, seriously and prejudicially affect the interests of that body.

(9) In this section “reporting period” means—

(a) the period of 2 years beginning with the day on which section 11 of the Telecommunications (Security) Act 2021 comes into force; and

(b) each successive period of 12 months.

Repeal of existing newspaper merger regime

Additional investigation and report by OFCOM

Adaptation of role of OFT in special public interest regime

Service of notifications and other documents

General restrictions on disclosure of information

Destination of ... fees and penalties

7A

A decision to include a statement under section 105P(1)(b) in an assessment notice under section 105O.

7B

A decision relating to the making or revision of a statement under section 105Y.

7C

A decision relating to the making of a report under section 105Z.

Powers in relation to internet domain registries

124O

(1) This section applies where the Secretary of State—

(a) is satisfied that a serious relevant failure in relation to a qualifying internet domain registry is taking place or has taken place, and

(b) wishes to exercise the powers under section 124P or 124R.

(2) The Secretary of State must notify the internet domain registry, specifying the failure and a period during which the registry has the opportunity to make representations to the Secretary of State.

(3) There is a relevant failure in relation to a qualifying internet domain registry if—

(a) the registry, or any of its registrars or end-users, engages in prescribed practices that are unfair or involve the misuse of internet domain names, or

(b) the arrangements made by the registry for dealing with complaints in connection with internet domain names do not comply with prescribed requirements.

(4) A relevant failure is serious, for the purposes of this section, if it has adversely affected or is likely adversely to affect—

(a) the reputation or availability of electronic communications networks or electronic communications services provided in the United Kingdom or a part of the United Kingdom, or

(b) the interests of consumers or members of the public in the United Kingdom or a part of the United Kingdom.

(5) In subsection (3) “prescribed” means prescribed by regulations made by the Secretary of State.

(6) Before making regulations under subsection (3) the Secretary of State must consult such persons as the Secretary of State considers appropriate.

(7) In this section and sections 124P to 124R—

“end-user”, in relation to a qualifying internet domain registry, means a person who has been or wants to be allocated an internet domain name that is or would be included in the register maintained by the registry;

“qualifying internet domain registry” means a relevant body that—maintains a relevant register of internet domain names, andoperates a computer program or server that forms part of the system that enables the names included in the register to be used to access internet protocol addresses or other information by means of the internet;

“registrar”, in relation to a qualifying internet domain registry, means a person authorised by the registry to act on behalf of end-users in connection with the registration of internet domain names;

“relevant body” means a company formed and registered under the Companies Act 2006 or a limited liability partnership;

“relevant register of internet domain names” means a register of—the names of second level internet domains that form part of the same UK-related top level internet domain, orthe names of third level internet domains that form part of the same UK-related second level internet domain;

“second level internet domain” means an internet domain indicated by the last two elements of an internet domain name;

“third level internet domain” means an internet domain indicated by the last three elements of an internet domain name;

“top level internet domain” means an internet domain indicated by the last element of an internet domain name.

(8) An internet domain is “UK-related” if, in the opinion of the Secretary of State, the last element of its name is likely to cause users of the internet, or a class of such users, to believe that the domain and its sub-domains are connected with the United Kingdom or a part of the United Kingdom.

17A

(1) This paragraph applies where—

(a) an operator (“the main operator”) keeps electronic communications apparatus installed under land,

(b) the main operator is not a party to an agreement under Part 2 of this code in relation to the electronic communications apparatus, and

(2) If the conditions in sub-paragraphs (3), (4) and (6) are met, the main operator may—

(a) upgrade the electronic communications apparatus, or

(b) share the use of the electronic communications apparatus with another operator.

(3) The first condition is that the upgrading or sharing has no adverse impact on the land.

(4) The second condition is that the upgrading or sharing imposes no burden on any person with an interest in the land.

(5) For the purposes of sub-paragraph (4) a burden includes anything that—

(a) has an adverse effect on the person’s enjoyment of the land, or

(b) causes loss, damage or expense to the person.

(6) The third condition is that, before the beginning of the period of 21 days ending with the day on which the main operator begins to upgrade the electronic communications apparatus or (as the case may be) share its use, the main operator attaches a notice, in a secure and durable manner, to a conspicuous object on the relevant land.

(7) A notice attached for the purposes of sub-paragraph (6) must—

(a) be attached in a position where it is reasonably legible,

(b) state that the main operator intends to upgrade the electronic communications apparatus or (as the case may be) share its use with another operator,

(c) state the date on which the main operator intends to begin to upgrade the electronic communications apparatus or (as the case may be) share its use with another operator,

(d) state, in a case where the main operator intends to share the use of the electronic communications apparatus with another operator, the name of the other operator, and

(e) give the name of the main operator and an address in the United Kingdom at which the main operator may be contacted about the upgrading or sharing.

(8) Any person giving a notice at that address in respect of that electronic communications apparatus is to be treated as having been given that address for the purposes of paragraph 91(2).

(9) Nothing in this paragraph is to be read as conferring a right on the main operator to enter the land for the purpose of upgrading or sharing the use of the electronic communications apparatus.

(10) References in this paragraph to sharing electronic communications apparatus include carrying out works to the electronic communications apparatus to enable such sharing to take place.

(11) In this paragraph “the relevant land” means—

(a) in a case where the main operator has a right to enter the land under which the electronic communications apparatus is installed, that land;

(b) in any other case, the land on which works will be carried out to enable the upgrading or sharing to take place or, where there is more than one set of works, the land on which each set of works will be carried out.

Refusal of application on grounds of national security etc

27ZA

(1) This paragraph applies where an operator applies to the court for an order under paragraph 20, 26 or 27 which would impose an agreement between the operator and another person.

(2) The court must refuse the application if the Secretary of State gives a certificate to the court certifying that the condition in sub-paragraph (3) is met.

(3) The condition is that the Secretary of State is satisfied that the order applied for by the operator would be likely to prejudice national security, defence or law enforcement.

(4) If the Secretary of State gives a certificate to the court under sub-paragraph (2) the Secretary of State must give a copy of it to the operator and the other person.

(5) In this paragraph, “law enforcement” means the prevention, investigation, detection or prosecution of criminal offences including the safeguarding against and the prevention of threats to public security.

11A

(1) OFCOM must prepare and publish a media literacy strategy within the period of one year beginning with the day on which the Online Safety Act 2023 is passed.

(2) A media literacy strategy is a plan setting out how OFCOM propose to exercise their functions under section 11 in the period covered by the plan, which must be not more than three years.

(3) In particular, a media literacy strategy must state OFCOM’s objectives and priorities for the period it covers.

(4) Before the end of the period covered by a media literacy strategy, OFCOM must prepare and publish a media literacy strategy for a further period, ensuring that each successive strategy covers a period beginning immediately after the end of the last one.

(5) In preparing or revising a media literacy strategy, OFCOM must consult such persons as they consider appropriate.

(6) OFCOM’s annual report must contain a media literacy statement.

(7) A media literacy statement is a statement by OFCOM—

(a) summarising what they have done in the financial year to which the report relates in the exercise of their functions under section 11, and

(b) assessing what progress has been made towards achieving the objectives and priorities set out in their media literacy strategy in that year.

(8) A media literacy statement must include a summary and an evaluation of the activities and initiatives pursued or commissioned by OFCOM in the exercise of their functions under section 11 in the financial year to which the report relates.

(9) The first annual report that is required to contain a media literacy statement is the report for the financial year during which OFCOM’s first media literacy strategy is published, and that first statement is to relate to the period from publication day until the end of that financial year.

(10) But if OFCOM’s first media literacy strategy is published during the second half of a financial year—

(a) the first annual report that is required to contain a media literacy statement is the report for the next financial year, and

(b) that first statement is to relate to the period from publication day until the end of that financial year.

(11) References in this section to OFCOM’s functions under section 11 are to those functions so far as they relate to regulated services.

(12) In this section—

“annual report” means OFCOM’s annual report under paragraph 12 of the Schedule to the Office of Communications Act 2002;

“financial year” means a year ending with 31 March.

124P

(1) This section applies where—

(a) the Secretary of State has given a notification under section 124O to a qualifying internet domain registry specifying a failure,

(b) the period allowed for making representations has expired, and

(c) the Secretary of State is satisfied that the registry has not taken the steps that the Secretary of State considers appropriate for remedying the failure.

(2) The Secretary of State may by order appoint a manager in respect of the property and affairs of the internet domain registry for the purpose of securing that the registry takes the steps described in subsection (1)(c).

(3) The person appointed may be anyone whom the Secretary of State thinks appropriate.

(4) The appointment of the manager does not affect—

(a) a right of a person to appoint a receiver of the registry's property, or

(b) the rights of a receiver appointed by a person other than the Secretary of State.

(5) The Secretary of State must—

(a) keep the order under review, and

(b) if appropriate, discharge all or part of the order.

(6) The Secretary of State must discharge the order on the appointment of a person to act as administrative receiver, administrator, provisional liquidator or liquidator of the registry.

(7) The Secretary of State must discharge the order before the end of the period of 2 years beginning with the day on which it was made (but this does not prevent the Secretary of State from making a further order in the same or similar terms).

(8) When discharging an order under this section, the Secretary of State may make savings and transitional provision.

(9) The Secretary of State must send a copy of an order made under this section to the registry as soon as practicable after it is made.

(10) In subsection (4), “receiver” includes a manager (other than a manager appointed by the registry) and a person who is appointed as both receiver and manager.

(11) In subsection (6)—

“administrative receiver” means an administrative receiver within the meaning of section 251 of the Insolvency Act 1986 or Article 5(1) of the Insolvency (Northern Ireland) Order 1989 (S.I. 1989/2405 (N.I. 19));

“administrator” means a person appointed to manage the affairs, business and property of the registry under Schedule B1 to that Act or Schedule B1 to that Order.

124Q

(1) An order under section 124P may make provision about the functions to be exercised by, and the powers of, the manager.

(2) The order may, in particular—

(a) provide for the manager to have such of the functions of the registry's directors as are specified in the order (including functions exercisable only by a particular director or class of directors), and

(b) provide for one or more of the registry's directors to be prevented from exercising any of those functions.

(3) The order may make provision about the remuneration of the manager, including in particular—

(a) provision for the amount of the remuneration to be determined by the Secretary of State, and

(b) provision for the remuneration to be payable from the property of the registry.

(4) In carrying out the functions conferred by the order, the manager acts as the registry's agent.

(5) The Secretary of State may apply to the court for directions in relation to any matter arising in connection with the functions or powers of the manager (and the costs of the application are to be paid by the registry).

(6) On an application under subsection (5) the court may give such directions or make such orders as it thinks fit.

(7) In this section “the court” means—

(a) in England and Wales, the High Court or the county court,

(b) in Scotland, the Court of Session or the sheriff, and

(8) Where the registry is a limited liability partnership, this section applies as if references to a director of the registry were references to a member of the limited liability partnership.

124R

(1) This section applies where—

(a) the Secretary of State has given a notification under section 124O to a qualifying internet domain registry specifying a failure,

(b) the period allowed for making representations has expired, and

(c) the Secretary of State is satisfied that the registry has not taken the steps that the Secretary of State considers appropriate for remedying the failure.

(2) The Secretary of State may apply to the court (as defined in section 124Q) for an order under this section.

(3) The court may make an order—

(a) making alterations of the registry's constitution, and

(b) requiring the registry not to make any alterations, or any specified alterations, of its constitution without the leave of the court.

(4) An order under this section may contain only such provision as the court considers appropriate for securing that the registry remedies the failure specified in the notification under section 124O.

(5) In this section—

“constitution” means, in the case of a company, the articles of association and, in the case of a limited liability partnership, the limited liability partnership agreement;

“limited liability partnership agreement” means the agreement or agreements, whether express or implied, between the members of a limited liability partnership, and between the partnership and the members of the partnership, determining—the mutual rights and duties of the members, andtheir rights and duties in relation to the partnership.

Part 3A — Prominence on television selection services

Designated internet programme services

362AA

(1) In this Part, “designated internet programme service” means—

(a) an internet programme service provided by the BBC,

(b) an internet programme service provided by a public service broadcaster other than the BBC and designated by OFCOM under subsection (2) for the purposes of this Part, or

(c) an internet programme service provided by a person associated with a public service broadcaster and designated by OFCOM as described in paragraph (b).

(2) OFCOM may designate an internet programme service provided by a public service broadcaster other than the BBC or a person associated with a public service broadcaster if—

(a) the service satisfies the conditions in subsection (3), (4) or (5) that apply to it; and

(b) OFCOM consider that it is appropriate to designate the service.

(3) The conditions in the case of an internet programme service provided by the provider of a licensed public service channel or a person associated with the provider of that licensed public service channel are—

(a) that the service makes or would, if designated, be capable of making—

(i) a significant contribution to the fulfilment of the public service remit for that licensed public service channel, or

(ii) in a case where the provider of the service is, in relation to two or more licensed public service channels, either the provider of, or a person associated with the provider of, the channels, a significant contribution to the fulfilment of the public service remit for at least one of those licensed public service channels; and

(b) that the public service remit content included in the service is readily discoverable and is promoted by the service.

(4) The conditions in the case of an internet programme service provided by S4C or a person associated with S4C are—

(a) that the service makes or would, if designated, be capable of making a significant contribution to the fulfilment of S4C’s public service remit; and

(b) that the public service remit content included in the service is readily discoverable and is promoted by the service.

(5) The conditions in the case of an internet programme service provided by a person associated with the BBC are—

(a) that the service makes or would, if designated, be capable of making a significant contribution to the promotion of one or more of the BBC’s public purposes; and

(b) that the material contributing to the promotion of one or more of those purposes which is included in the service is readily discoverable and is promoted by the service.

(6) In considering whether an internet programme service provided by a person other than the BBC satisfies the conditions in subsection (3), (4) or (5) that apply to it, OFCOM must have regard to any statement for the time being published by OFCOM under section 362AC.

(7) In considering whether it is appropriate to designate an internet programme service provided by a public service broadcaster other than the BBC or a person associated with such a broadcaster, OFCOM must have regard, in particular, to the following matters—

(a) any proposals included in any such public service broadcaster’s latest statement of programme policy published under section 266 or 267 or paragraph 4 of Schedule 12 as to the contribution that the internet programme service will make towards fulfilling the public service remit for its licensed public service channel or (as the case may be) S4C’s public service remit;

(b) whether that proposed contribution is capable of satisfying the needs and interests of—

(i) a specific audience, in a case where the service would, if designated, be the second or further designated internet programme service provided by a public service broadcaster or a person associated with that broadcaster, or

(ii) a wide range of audiences, in any other case;

(c) in relation to any such public service broadcaster whose public service remit content is included in the internet programme service, how effective and efficient is the broadcaster’s monitoring of its performance so far as relating to the fulfilment of the public service remit for its licensed public service channel or (as the case may be) S4C’s public service remit.

(8) In considering whether it is appropriate to designate an internet programme service provided by a person associated with the BBC, OFCOM must have regard, in particular, to the following matters—

(a) any proposals included in a statement of policy made by the BBC in pursuance of the BBC Charter and Agreement as to the contribution that the service will make towards the promotion of one or more of the BBC’s public purposes;

(b) whether that proposed contribution is capable of satisfying the needs and interests of—

(i) a specific audience, in a case where the service would, if designated, be the second or further designated internet programme service provided by the BBC or a person associated with the BBC, or

(ii) a wide range of audiences, in any other case;

(c) how effective and efficient is the BBC’s monitoring of the contribution of persons associated with the BBC to the promotion of one or more of the BBC’s public purposes.

(9) Before designating an internet programme service, OFCOM must consult—

(a) the provider of the service;

(b) such other persons as OFCOM consider appropriate.

(10) In this Part, a reference to an internet programme service is a reference to—

(a) an on-demand programme service where the programmes viewed by a user of the service are accessed by the user by means of the internet,

(b) a non-UK on-demand programme service where the programmes viewed by a user of the service are accessed by the user by means of the internet, or

(11) The requirements are—

(a) that the principal purpose of the service is the provision of programmes,

(b) that the programmes viewed by a user of the service are accessed by the user by means of the internet, and

(i) such on-demand programme service as is described in subsection (10)(a) or such non-UK on-demand programme service as is described in subsection (10)(b), and

(ii) another service which is, or two or more other services each of which is, such an on-demand programme service, such a non-UK on-demand programme service, or a service (other than those kinds of service) that consists of, or has as its principal purpose the provision of, programmes.

(12) In this section—

“public service remit”—in relation to a Channel 3 service or Channel 5, has the meaning given by section 265(2);in relation to Channel 4, has the meaning given by section 265(3);in relation to S4C, has the meaning given by section 204A;

“public service remit content”, in relation to an internet programme service provided by a public service broadcaster other than the BBC or a person associated with such a broadcaster, means material included in the internet programme service that contributes to the fulfilment of—the public service remit for the licensed public service channel in question, orS4C’s public service remit (as the case may be).

362AB

(1) If an internet programme service provided by a person other than a public service broadcaster is designated under section 362AA (2), the designation is revoked on the person ceasing to be associated with—

(a) if the person is associated with only one public service broadcaster, that public service broadcaster, or

(b) if the person is associated with more than one public service broadcaster, all of those public service broadcasters.

(2) OFCOM may give notice under subsection (3) to a person other than the BBC who provides a designated internet programme service if OFCOM consider that there are reasonable grounds for believing that—

(a) a designated internet programme service provided by that person is not making such contribution as is described in subsection (3)(a), subsection (4)(a) or (as the case may be) subsection (5)(a) of section 362AA,

(b) the content included in the service which is of the description referred to in subsection (3)(b), subsection (4)(b) or (as the case may be) subsection (5)(b) of section 362AA is not readily discoverable or is not promoted by the service, or

(3) A notice under this subsection must—

(a) state that OFCOM consider that there are reasonable grounds for believing the matter in paragraph (a), (b) or (c) of subsection (2);

(b) give OFCOM’s reasons for that opinion;

(d) state that the person may make representations to OFCOM about the matters contained in the notice;

(e) specify the period within which such representations may be made.

(4) Where the period allowed for representations has expired, OFCOM must, after considering any representations that have been made—

(a) decide whether or not to revoke the designation, and

(b) give notice to the person of their decision.

(5) Where OFCOM decide to revoke a designation, a notice under subsection (4)(b) must—

(a) state that OFCOM are satisfied as to the matter in paragraph (a), (b) or (c) of subsection (2);

(b) give OFCOM’s reasons for being so satisfied.

(6) In considering whether there are reasonable grounds for believing the matter in paragraph (a), (b) or (c) of subsection (2) or whether they are satisfied as to that matter, OFCOM must have regard to any statement for the time being published by OFCOM under section 362AC.

(7) OFCOM must revoke a designation of an internet programme service under section 362AA (2) if the person providing the service requests them to do so.

362AC

(1) OFCOM must prepare and publish a statement providing—

(a) information about the methods applied in determining the matters in sections 362AA (3), (4) and (5) and 362AB (2), and

(b) such other information relating to the determination of those matters as OFCOM consider appropriate.

(2) OFCOM may revise or replace a statement published under this section and, where they do so, must publish the revised or replacement statement.

362AD

(1) Where an internet programme service provided by a person associated with a public service broadcaster has been designated under section 362AA (2), the person must give notice to OFCOM if the person ceases to be a person associated with that public service broadcaster.

(2) A notice given to OFCOM under this section must—

(a) be sent in such manner as OFCOM may require;

(b) contain such information as OFCOM may require.

Regulated television selection services

362AE

(1) In this Part, “television selection service” means a service or a dissociable section of a service, provided by means of the internet and in connection with internet television equipment, which consists of—

(a) the presentation of the internet programme services included in the service or the dissociable section of the service, and

(b) a facility that enables the user—

(i) to make a selection between those services or between programmes provided by those services or both, and

(ii) to access the service selected or the programme selected or both.

(2) In subsection (1), “internet television equipment” means any apparatus or combination of apparatus specified in regulations made by the Secretary of State setting out the descriptions of apparatus or combinations of apparatus that are internet television equipment for the purposes of this Part.

(3) Regulations made by virtue of subsection (2) may—

(a) provide for references to internet television equipment to include references to software used in association with apparatus, and

(b) describe apparatus or a combination of apparatus by reference to software used in association with the apparatus or any of it.

(4) Exceptions in regulations made by virtue of subsection (2) may include exceptions relating to the purpose or purposes for which a description of apparatus may be used in addition to the purpose of viewing internet programme services.

(5) The person, and the only person, who is to be treated for the purposes of this Part as providing a television selection service is the person who has general control over the manner in which the service presents to its users the internet programme services that are included in the service.

(6) The fact that a television selection service relies to any extent on algorithms to determine the prominence given to—

(a) an internet programme service included in the service, or

(b) any programme provided by an internet programme service included in the service,

does not prevent a person from having general control as described in subsection (5).

(7) The Secretary of State may by regulations—

(a) amend this section so as to alter the definition of “television selection service” or “internet television equipment”, and

(b) make such amendments or repeals of any provision of this Act or any other Act as appear to the Secretary of State to be expedient in consequence of the amendments made by virtue of paragraph (a).

(8) A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

362AF

(1) In this Part, “regulated television selection service” means a television selection service which—

(a) is for the time being designated by regulations made by the Secretary of State, or

(b) is of a description specified in regulations made by the Secretary of State.

(2) The Secretary of State may not exercise the power under subsection (1)(a) so as to cause a television selection service to become a regulated television selection service unless the Secretary of State considers that the service is used by a significant number of members of the public in the United Kingdom.

(3) Regulations under subsection (1)(b) may, in particular, frame a description of television selection services by reference to—

(a) a television selection service being used, or being used in a manner specified in the regulations, by no fewer than such number of members of the public in the United Kingdom as may be specified in the regulations;

(b) the date on which a television selection service is first made available to members of the public in the United Kingdom;

(4) Before making regulations under subsection (1)(a) or (b), the Secretary of State must have received a report under section 362AG relating to the television selection service or description of television selection services in question.

362AG

(1) OFCOM may prepare reports making recommendations about the exercise of the power under section 362AF (1)(a) or (b).

(2) Where—

(a) the Secretary of State proposes to make regulations under section 362AF (1)(a) or (b), and

(b) the Secretary of State has not received a report under subsection (1) relating to the television selection service or description of television selection services that would be affected by the proposed regulations,

the Secretary of State must request OFCOM to prepare a report making recommendations about the exercise of the power under section 362AF (1)(a) or (b) in relation to that service or services of that description.

(3) Where the Secretary of State makes a request under subsection (2), OFCOM must prepare such a report as soon as practicable.

(4) A report under subsection (1) or (3) relating to the exercise of the power under section 362AF (1)(a) must include OFCOM’s assessment of—

(a) the number of members of the public in the United Kingdom using that service and whether that number is significant;

(b) the manner in which that service is used by such persons;

(c) whether that service is capable of functioning as a regulated television selection service and the modifications, if any, that are needed to make it so capable;

(d) such matters as OFCOM consider likely to affect the matters referred to in paragraphs (a) to (c).

(5) A report under subsection (1) or (3) relating to the exercise of the power under section 362AF (1)(b) must include OFCOM’s assessment of—

(a) which television selection services are likely to fall within the description of television selection services in question;

(b) such matters as OFCOM consider relevant to the assessment described in paragraph (a).

(6) OFCOM must give the Secretary of State a report prepared under subsection (1) or (3).

(7) If the Secretary of State exercises the power under section 362AF (1)(a) or (b) in a manner which differs materially from recommendations made in a report under this section, the Secretary of State must publish, no later than the time at which the regulations are made, a statement giving the Secretary of State’s reasons for doing so.

(8) OFCOM must publish reports given to the Secretary of State under this section.

(9) OFCOM must prepare and publish a statement about the principles and methods applied by OFCOM in preparing a report under subsection (1) or (3).

(10) OFCOM may revise or replace a statement published under this section and, where they do so, must publish the revised or replacement statement.

Notification by providers of television selection services

362AH

(1) A provider of a television selection service must give notice to OFCOM if the service is or becomes a television selection service of a description specified in regulations made by virtue of section 362AF (1)(b).

(2) A provider of a television selection service must give notice to OFCOM if, having been a service of a description specified in regulations made by virtue of section 362AF (1)(b), the service ceases to be a service of such a description.

(3) A provider of a regulated television selection service must give notice to OFCOM if the provider ceases to provide that service.

(4) A notice given to OFCOM under this section must—

(a) be sent in such manner as OFCOM may require;

(b) contain such information as OFCOM may require.

Lists of services

362AI

(1) OFCOM must establish and maintain up to date lists of—

(a) designated internet programme services; and

(b) regulated television selection services and their providers.

(2) OFCOM must publish the up to date lists on a publicly accessible part of their website.

Must-offer and must-carry obligations

362AJ

(1) The provider of a designated internet programme service must at all times offer the service as available (subject to the need to agree terms) to be, in relation to every regulated television selection service, included in the regulated television selection service.

(2) The provider of a designated internet programme service must do its best to secure that, in relation to every regulated television selection service, arrangements are entered into, and kept in force, that ensure that the service is included in the regulated television selection service.

(3) The provider of a designated internet programme service must act consistently with the agreement objectives when entering into such arrangements and while they are in force.

(4) Subsections (1) to (3) do not apply where the provider of a designated internet programme service is the BBC.

362AK

(1) The provider of a regulated television selection service must—

(a) in respect of each designated internet programme service, enter into arrangements with the provider of the designated internet programme service for the regulated television selection service to include that designated internet programme service, and

(b) keep them in force.

(2) The provider of a regulated television selection service must act consistently with the agreement objectives when entering into arrangements in pursuance of subsection (1) and while they are in force.

(3) For provision applying where there is a dispute about the arrangements that should be made or their operation, see sections 362AT to 362AY.

362AL

(1) OFCOM must prepare and publish guidance about how providers of designated internet programme services and providers of regulated television selection services may act consistently with the agreement objectives.

(2) The reference in subsection (1) to acting consistently with the agreement objectives is to be treated, in relation to the BBC, as a reference to carrying out any duty of the BBC under the BBC Charter and Agreement that is comparable to the duty of providers of designated internet programme services other than the BBC under section 362AJ (3).

(3) OFCOM may revise and replace any guidance published under this section and, where they do, must publish the revised or replacement guidance.

(4) Before preparing guidance under this section (or revising or replacing it), OFCOM must consult—

(a) the Secretary of State, and

(b) such other persons as they consider appropriate.

(5) In exercising or deciding whether to exercise any of their powers under sections 362AU to 362AX, OFCOM must have regard to any guidance for the time being published under this section.

362AM

(1) In sections 362AJ to 362AL “the agreement objectives” are—

(a) that a designated internet programme service is given an appropriate degree of prominence within a regulated television selection service;

(b) that, in a case where a designated internet programme service contributes to—

(i) the fulfilment of the public service remit for a licensed public service channel,

(ii) the fulfilment of S4C’s public service remit, or

(iii) the promotion of one or more of the BBC’s public purposes,

the arrangements made between the provider of that designated internet programme service and the provider of a regulated television selection service do not adversely affect the ability of the provider of that channel to fulfil the public service remit for that channel, the ability of S4C to fulfil S4C’s public service remit or (as the case may be) the ability of the BBC to promote its public purposes;

(c) that arrangements so made do not disproportionately restrict how the provider of a regulated television selection service may make innovations in the ways that users may select and access internet programme services or programmes included in such services.

(2) The reference in subsection (1)(a) to a designated internet programme service being given an appropriate degree of prominence within a regulated television selection service includes a reference to an appropriate degree of prominence being given to public service remit content and any listed channel included in that designated internet programme service, so far as the prominence of that content or channel is capable of being affected by the operation of the regulated television selection service.

(3) The following are listed channels for the purposes of this section—

(a) any service of television programmes provided by the BBC so as to be available for use by members of the public;

(b) any Channel 3 service;

(d) Channel 5;

(e) S4C Digital.

Duties relating to a designated internet programme service

362AN

(1) The provider of a designated internet programme service must ensure that—

(a) the service makes such contribution as is described in subsection (3)(a), subsection (4)(a) or (as the case may be) subsection (5)(a) of section 362AA, and

(b) such material included in the service as is described in subsection (3)(b), subsection (4)(b) or (as the case may be) subsection (5)(b) of section 362AA is readily discoverable and is promoted by the service.

(2) Subsection (1) does not apply where the provider of a designated internet programme service is the BBC.

Duties relating to a regulated television selection service

362AO

(1) A provider of a regulated television selection service must secure that the manner in which its service presents internet programme services to its users in the United Kingdom gives an appropriate degree of prominence to each of the designated internet programme services included in its service.

(2) Subsection (1) does not require that a designated internet programme service be given prominence, or the same degree of prominence, in relation to every area of the United Kingdom.

(3) The reference in subsection (1) to giving an appropriate degree of prominence to a designated internet programme service included in a regulated television selection service includes a reference to giving an appropriate degree of prominence to—

(a) material that is public service remit content or contributes to the promotion of one or more of the BBC’s public purposes included in that designated internet programme service, and

(b) any listed channel included in that designated internet programme service,

so far as the prominence of that material or channel is affected by the operation of the regulated television selection service.

(4) A provider of a regulated television selection service must incorporate features in the service that secure that persons with disabilities, in particular those affecting their sight or hearing or both—

(a) are able, so far as practicable, to make use of the service for all the same purposes as persons without disabilities; and

(b) are informed about, and are able to make use of, whatever assistance for disabled people is provided in relation to the internet programme services included in the service.

(5) In this section “assistance for disabled people” has the same meaning as in Part 3 (see section 362(1)).

362AP

(1) OFCOM must issue a code of practice describing actions that OFCOM recommend for the purpose of securing that the manner in which a regulated television selection service presents internet programme services to its users complies with the duties in section 362AO.

(2) OFCOM may—

(a) revise a code of practice issued under this section and issue the code as revised;

(b) withdraw a code of practice issued under this section and issue a new code of practice.

(3) OFCOM must—

(a) publish a code of practice issued under this section in such manner as they consider appropriate;

(b) keep a code of practice issued under this section under review.

(4) If requested by the Secretary of State to review all or part of a code of practice issued under this section, OFCOM must review the code or that part of it.

(5) OFCOM must secure that the actions recommended in a code of practice issued under this section are consistent with the agreement objectives.

(6) The actions recommended in a code of practice issued under this section may include—

(a) actions relating to particular descriptions of regulated television selection services;

(b) actions relating to particular descriptions of internet programme services.

362AQ

(1) The provider of a regulated television selection service is to be treated as complying with the duty in section 362AO (1) or (4) if the provider takes the actions described in the code of practice which are recommended for the purpose of complying with the duty.

(2) A failure by the provider of a regulated television selection service to act in accordance with a provision of the code of practice does not of itself make the provider liable to legal proceedings before a court or tribunal.

(3) In any legal proceedings before a court or tribunal, the court or tribunal must take into account a provision of the code of practice in determining any question arising in the proceedings if—

(a) the question relates to a time when the provision was in force, and

(b) the provision appears to the court or tribunal to be relevant to the question.

(4) OFCOM must take into account a provision of the code of practice in determining any question arising in connection with the carrying out by them of a relevant function if—

(a) the question relates to a time when the provision was in force, and

(b) the provision appears to OFCOM to be relevant to the question.

(5) In this section, “relevant function” means a function conferred on OFCOM by any of the following provisions—

(a) sections 362AT to 362AY (references of disputes to OFCOM), and

(b) sections 362AZ to 362AZ5 (enforcement).

362AR

(1) Before issuing a code of practice under section 362AP, OFCOM—

(a) must publish a draft of the code or (as the case may be) a draft of the revisions of the existing code;

(b) must consult the following about the draft—

(i) the Secretary of State;

(ii) public service broadcasters;

(iii) such persons who appear to OFCOM to represent providers of regulated television selection services;

(iv) such other persons as OFCOM consider appropriate;

(2) Subsection (1) does not apply in relation to revisions of the code of practice if—

(a) OFCOM give the Secretary of State a draft of the revisions of the existing code, and

(b) the Secretary of State agrees that it is not necessary for subsection (1) to apply in relation to the revisions.

Power to require information

362AS

(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;

(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) a person who was within any of paragraphs (a) to (f) at a time to which the required information relates;

(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);

(i) the purpose of OFCOM’s functions under sections 362AT to 362AY (dispute resolution);

(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,

(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).

References of disputes to OFCOM

362AT

(1) This section applies in the case of a dispute between the provider of a designated internet programme service and the provider of a regulated television selection service about—

(a) the arrangements that should be made between them in order to give effect to the prominence duties that relate to them, or

(b) the operation of arrangements made between them in order to give effect to those duties.

(2) For the purposes of subsection (1)—

(a) the prominence duties relating to the provider of a designated internet programme service are—

(i) in the case of a provider other than the BBC, the duties under section 362AJ;

(ii) in the case of the BBC, any duties of the BBC under the BBC Charter and Agreement that are comparable to the duties of other providers under section 362AJ;

(b) the prominence duties relating to the provider of a regulated television selection service are the duties under sections 362AK and 362AO (1).

(3) Any one or more of the parties to the dispute may refer it to OFCOM but only if (and when) there is no realistic prospect of resolving the dispute without referring it.

(4) OFCOM may invite any one or more of the parties to the dispute to make a reference under subsection (3).

(5) OFCOM—

(a) may impose requirements about the manner in which a reference must be made by publishing a notice setting out those requirements,

(b) may withdraw or modify any requirements that have been imposed by publishing a further notice, and

(6) OFCOM may publish a notice under subsection (5) in such ways as they consider appropriate for bringing the notice to the attention of those who, in their opinion, are likely to be affected by it.

362AU

(1) This section applies where—

(a) a dispute is referred to OFCOM under section 362AT (3), and

(b) any requirements imposed by OFCOM under section 362AT (5) are met in relation to the reference.

(2) OFCOM must decide whether or not it is appropriate for them to handle the dispute.

(3) Subsection (4) applies where—

(a) the dispute is of the kind described in section 362AT (1)(a) (disputes between the provider of a designated internet programme service and the provider of a regulated television selection service about the arrangements that should be made between them for the purposes of their prominence duties), and

(b) unless the dispute is resolved, it is highly likely that the designated internet programme service will—

(i) not be included in the regulated television selection service, or

(ii) not be given the appropriate degree of prominence within it.

(4) OFCOM must decide that it is appropriate for them to handle the dispute unless they consider—

(a) that there are alternative means available for resolving the dispute,

(b) that a resolution by those means is likely to result in an outcome that is consistent with the agreement objectives, and

(5) As soon as reasonably practicable after OFCOM have decided whether or not it is appropriate for them to handle the dispute, they must inform each of the parties to the dispute of—

(a) their decision and the date on which it was made, and

(b) their reasons for it.

(6) Where OFCOM decide that it is not appropriate for them to handle the dispute, the dispute may subsequently be referred back to OFCOM by one or more of the parties if—

(a) the parties have used alternative means for resolving the dispute but it has not been resolved within a reasonable period of time, or

(b) the parties have not used alternative means for resolving the dispute but OFCOM consider that there is a satisfactory explanation for that.

362AV

(1) This section applies where—

(a) OFCOM decide under section 362AU (2) whether or not it is appropriate for them to handle a dispute, or

(b) a dispute is referred back to OFCOM under section 362AU (6).

(2) OFCOM may do one or more of the following—

(a) make an interim declaration setting out the rights and obligations of the parties to the dispute;

(b) give an interim direction fixing the terms or conditions of transactions between the parties to the dispute;

(c) give an interim direction imposing an obligation on the parties to the dispute, and enforceable by them, to enter into a transaction between themselves on the terms and conditions fixed by OFCOM.

(3) OFCOM must exercise their powers under subsection (2) in the way that seems to them to be most appropriate in the light of the agreement objectives.

(4) Before exercising their powers under subsection (2), OFCOM must—

(a) give the parties to the dispute an opportunity to make representations about the exercise of those powers, and

(b) consider those representations.

(5) In other respects, the procedure to be followed by OFCOM in connection with the exercise of their powers under subsection (2) is to be the procedure that OFCOM consider appropriate.

(6) In the case of a dispute referred back to OFCOM under section 362AU (6), OFCOM may, in exercising their powers under subsection (2), take account of decisions already made by others in the course of an attempt to resolve that dispute by alternative means.

(7) OFCOM must withdraw an interim declaration or an interim direction if requested to do so by the parties to the dispute.

(8) OFCOM may withdraw an interim declaration or an interim direction otherwise than at the request of the parties to the dispute if they consider that it is appropriate to do so in the light of the agreement objectives.

(9) An interim declaration or an interim direction binds the parties to the dispute (unless withdrawn by OFCOM or ceasing to have effect under section 362AY (4)).

(10) In this section—

(a) “an interim declaration” means a declaration that has effect until the resolution of the dispute by OFCOM or by any alternative means (unless withdrawn by OFCOM or ceasing to have effect under section 362AY (4));

(b) “an interim direction” means a direction that has effect until the resolution of the dispute by OFCOM or by any alternative means (unless withdrawn by OFCOM or ceasing to have effect under section 362AY (4)).

362AW

(1) This section applies where—

(a) OFCOM decide under section 362AU (2) that it is appropriate for them to handle a dispute, or

(b) a dispute is referred back to OFCOM under section 362AU (6).

(2) OFCOM must—

(a) consider the dispute, and

(b) make a determination for resolving it.

(3) The procedure for the consideration and determination of the dispute is to be the procedure that OFCOM consider appropriate.

(4) In the case of a dispute referred back to OFCOM under section 362AU (6), that procedure may involve allowing the continuation of a procedure that has already begun for resolving the dispute by alternative means.

(5) Unless there are exceptional circumstances, OFCOM must make their determination before the end of the period of four months beginning with—

(a) where OFCOM decide under section 362AU (2) that it is appropriate for them to handle the dispute, the day on which they make that decision;

(b) where the dispute is referred back to OFCOM under section 362AU (6), the day on which it is referred back.

(6) Where it is practicable for OFCOM to make their determination before the end of the period of four months referred to in subsection (5), they must make it as soon in that period as is practicable.

(7) The requirements of subsections (5) and (6) are subject to section 362AY (4).

(8) OFCOM must—

(a) send a copy of their determination, together with a full statement of their reasons for it, to every party to the dispute, and

(b) publish so much of their determination as (having regard, in particular, to the need to preserve commercial confidentiality) they consider it appropriate to publish.

(9) OFCOM may fulfil their duty under subsection (8)(b) in such ways as they consider appropriate for bringing the material that they consider it appropriate to publish to the attention of members of the public.

362AX

(1) This section applies where OFCOM make a determination for resolving a dispute under section 362AW (2).

(2) OFCOM may do one or more of the following—

(a) make a declaration setting out the rights and obligations of the parties to the dispute;

(b) give a direction fixing the terms or conditions of transactions between the parties to the dispute;

(c) give a direction imposing an obligation on the parties to the dispute, and enforceable by them, to enter into a transaction between themselves on the terms and conditions fixed by OFCOM;

(d) for the purpose of giving effect to a determination by OFCOM of the proper amount of a charge in respect of which amounts have been paid by one of the parties to the dispute to the other, to give a direction, enforceable by the party to whom the sums are to be paid, requiring the payment of sums by way of adjustment of an underpayment or overpayment.

(3) OFCOM must exercise their powers under subsection (2) in the way that they consider to be the most appropriate for meeting the agreement objectives.

(4) In the case of a dispute referred back to OFCOM under section 362AU (6)—

(a) OFCOM may, in making their determination, take account of decisions already made by others in the course of an attempt to resolve that dispute by alternative means, and

(b) the determination made by OFCOM may include provision ratifying such decisions.

(5) Where OFCOM make a determination for resolving a dispute, they may require a party to the dispute—

(a) to make payments to another party to the dispute in respect of costs and expenses incurred by that other party in consequence of the reference of the dispute to OFCOM or in connection with it;

(b) to make payments to OFCOM in respect of costs and expenses incurred by them in dealing with the dispute.

(6) OFCOM may determine—

(a) the amount of any costs or expenses required to be paid under subsection (5)(a) or (b), and

(b) when those costs or expenses are to be paid.

(7) OFCOM may not require a party to the dispute to make payments to another party or to OFCOM under subsection (5) unless they have considered—

(a) the conduct of the party before and after the reference to OFCOM (including, in particular, whether any attempts have been made to resolve the dispute), and

(b) whether OFCOM have made a decision in the party’s favour in respect of the whole or a part of the dispute.

(8) A determination made by OFCOM for resolving a dispute referred to them under section 362AT (3), or referred back to them under section 362AU (6), binds the parties to the dispute.

362AY

(1) This section applies where—

(a) a dispute is referred to OFCOM under section 362AT (3), or

(b) a dispute is referred back to OFCOM under section 362AU (6).

(2) The reference, or reference back, does not prevent the person making it, the other party to the dispute, OFCOM or any other person from bringing, or continuing, any legal proceedings with respect to any of the matters under dispute.

(3) The reference, or reference back, also does not prevent OFCOM from—

(a) giving a notification in respect of something that they have reasonable grounds for believing to be a contravention of an obligation imposed by or under an enactment;

(b) exercising any of their powers under any enactment in relation to a contravention of an obligation imposed by or under an enactment;

(4) If, in any legal proceedings with respect to a matter to which a dispute relates, the court orders the handling of the dispute by OFCOM to be stayed or sisted—

(a) OFCOM are required to make a determination for resolving the dispute only if the stay or sist is lifted or expires,

(b) the period during which the stay or sist is in force must be disregarded in determining the period within which OFCOM are required to make a determination, and

(5) In this section, “legal proceedings” means civil or criminal proceedings in or before a court.

(6) Subsection (2) is subject to—

(a) section 362AX (8), and

(b) any agreement to the contrary binding the parties in dispute.

Enforcement

362AZ

(1) OFCOM may give a notice under this section (a “provisional notice of contravention”) to a person if they consider that there are reasonable grounds for believing that the person has failed, or is failing, to comply with—

(a) any duty under section 362AD, 362AJ or 362AN (duties of providers of designated internet programme services under this Part), or

(b) any duty under section 362AH, 362AK or 362AO (duties of providers of regulated television selection services under this Part).

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