Broadcasting Act 2009
F174[Must-carry and must-offer obligations for platforms.
128B.— ...]
Annotations
Amendments:
F174
Inserted by Online Safety and Media Regulation Act 2022 (41/2022), s. 40, not commenced as of date of revision.
Modifications (not altering text):
C15
Prospective affecting provision: section inserted by Online Safety and Media Regulation Act 2022 (41/2022), s. 40, not commenced as of date of revision.
F174[128B.— (1) A platform provider shall comply with a request—
(a) by a public service provider that a particular public service audiovisual broadcasting service provided by the public service provider be re-transmitted on the platform provider’s platform, and
(b) by a public service provider that a particular public service audiovisual on-demand media service provided by the public service provider be made available on the platform provider’s platform.
(2) A public service provider shall ensure that any public service audiovisual broadcasting service or public service audiovisual on‑demand media service it provides is at all times offered to platform providers in such a way that it may be re-transmitted or made available on their platforms.
(3) The obligations in subsections (1) and (2) shall not preclude the conclusion of an agreement between the public service provider and the platform provider in relation to—
(a) the remuneration of the public service provider by the platform provider, or
(b) fair, reasonable and non-discriminatory terms of use of the public service audiovisual broadcasting service or public service audiovisual on-demand media service.
(4) If a dispute arises between a platform provider and a public service provider in relation to the remuneration of the public service provider—
(a) the dispute shall be notified to the Commission by the public service provider or the platform provider,
(b) the Commission shall take whatever steps it considers appropriate to encourage the use of mediation to resolve the dispute, and
(c) if the dispute is not resolved within a reasonable period of time the Commission shall, at the request of either the platform provider or the public service provider and following a reasonable opportunity for each of them to make submissions, make a determination in relation to the dispute.
(5) The Commission may make rules prescribing:
(a) the ways in which a platform provider may re-transmit or make available on its platform the services referred to in subsection (1) for the purposes of complying with a request;
(b) the ways in which a public service audiovisual broadcasting service may be transmitted or a public service audiovisual on-demand media service may be made available by a public service provider in order to ensure compliance with subsection (2).
(6) Where a platform is also an appropriate network or a satellite television service—
(a) in respect of the re-transmission of broadcasting services, section 77 shall apply to the platform notwithstanding this section and any rules made under it, and
(b) in respect of the making available of audiovisual on-demand media services, this section and any rules made under it, in so far as they relate to such services, shall apply to the platform.
(7) A failure to comply with subsection (1) or (2) shall be a contravention for the purposes of Part 8B.
(8) In this section, “re-transmission” means the provision of near‑simultaneous, unaltered and unabridged transmission.]