46N. (1) The Commission may make codes (“media service codes”) governing the standards and practices of broadcasters and providers of audiovisual on-demand media services.

(2) Media service codes may provide for standards and practices to ensure—

(a) that broadcasters and providers of audiovisual on-demand media services comply with sections 46J and 46K,

(b) that broadcasters and relevant media service providers comply with section 46L(1) to (3),

(c) that in programme material audiences are protected from anything harmful or unduly offensive, and in particular that programme material relating to gratuitous violence or sexual conduct is presented—

(i) with due sensitivity to the convictions or feelings of the audience, and

(ii) in such a way that children will not normally hear or see anything which may impair their physical, mental or moral development,

(d) that commercial communications—

(i) protect the interests of the audience, and

(ii) in particular, where they relate to matters likely to be of direct or indirect interest to children, protect the interests of children having particular regard to the general public health interests of children,

and

(e) that the provision of a broadcasting service or audiovisual on-demand media service which has as one of its principal objectives the promotion of the interests of any organisation protects the interests of the audience.

(3) Media service codes may provide that party political programmes may be broadcast or made available only at specified times.

(4) Media service codes may provide for standards and practices to promote the following:

(a) balanced gender representation of participants in news and current affairs programmes broadcast by broadcasters or made available by providers of audiovisual on-demand media services;

(b) the broadcast in programmes broadcast on sound broadcasting services of music composed or performed by women.

(5) The Commission shall make media service codes providing for the matters required to be provided for by Articles 5, 6(1), 6a(1) to (3), 7b, 8, 9, 10, 11, 15, Chapter VI, and Chapter VII (other than Article 26) of the Directive (except in so far as provision is made by media service rules).

(6) The Commission shall have regard to each of the following matters in making or amending a media service code—

(a) the degree of harm or offence likely to be caused by the inclusion of a particular matter in programme material,

(b) the likely size and composition of the potential audience for programme material,

(c) the likely expectation of the audience as to the nature of programme material, and the extent to which the nature of the programme material can be brought to the attention of potential members of the audience,

(d) the likelihood of persons who are unaware of the nature of programme material being unintentionally exposed to it by their own actions,

(e) the desirability of securing that the provider of a broadcasting service or an audiovisual on-demand media service informs the Commission of any change affecting the nature of the service and, in particular, of any change relevant to the application of media service codes, and

(f) the desirability of maintaining the independence of editorial control over programmes.

(7) Provision made for the purpose referred to in subsection (2)(d)(ii) may prohibit or restrict, in accordance with law, the inclusion in programmes of commercial communications relating to foods or beverages considered by the Commission to be the subject of public concern in respect of the general public health interests of children, in particular infant formula, follow-on formula or those foods or beverages which contain fat, trans-fatty acids, salts or sugars.

(8) In preparing a media service code the Commission may consult the relevant public health authorities about any provision made for the purpose referred to in subsection (2)(d)(ii).

(9) The Commission may amend or revoke a media service code.

(10) A failure to comply with a media service code shall be a contravention for the purposes of Part 8B.

(11) Subject to subsection (12), the following broadcasting codes prepared under section 42 of this Act before the date of coming into operation of this section shall, if in force immediately before that date, continue in force as if made under this section:

(a) the General Commercial Communications Code (1 June 2017);

(b) the Code of Fairness, Objectivity and Impartiality (1 July 2013);

(c) the Code of Programme Standards (1 March 2015);

(d) the Children’s Commercial Communications Code (2 September 2013).

(12) After the coming into operation of this section, the broadcasting codes referred to in subsection (11) shall continue to apply to broadcasters only, unless otherwise amended or revoked by the Commission.]