159C.— (1) A media service provider under the jurisdiction of the State which provides an audiovisual on-demand media service shall take any steps required by rules under this section to ensure prominence of European works in any catalogue of that service.

(2) Subsection (1) does not apply to—

(a) a media service provider with a low turnover or low audience, or

(b) a service exempted by rules under section 159I.

(3) The Commission shall make rules setting out the steps that media service providers must take for the purposes of subsection (1).

(4) Without prejudice to the generality of subsection (3), the steps required by the rules referred to in subsection (3) may relate to:

(a) the visibility and presentation of European works within a catalogue;

(b) the inclusion of information in a catalogue in relation to whether or not a work is a European work, and the placement of that information;

(c) the accessibility of European works within a catalogue, including the configuration of search tools;

(d) references to European works in advertising for the service;

(e) the promotion of minimum percentages of European works within a catalogue to the audience of the service, and the means to be used for such promotion.

(5) In making rules under subsection (3), the Commission shall have regard to—

(a) the objective of cultural diversity,

(b) the desirability of providing European works to the widest possible audience,

(c) technological developments,

(d) developments in audiovisual on-demand media service markets, and

(e) any relevant reports produced by the European Regulators Group for Audiovisual Media Services established by Article 30b of the Directive.

(6) The Commission may make rules prescribing records a provider must keep and any other action a provider must take to enable compliance with the requirement in subsection (1) to be assessed.

(7) Rules made under section 159B(3)(b) shall apply for the purposes of subsection (2)(a).

(8) A failure to comply with subsection (1) or any rules made under subsection (3) or (6), is a contravention for the purposes of Part 8B.]