46O.— (1) The Commission may make rules (“media service rules”) for the purposes of this section.

(2) Subject to subsections (3) and (4), the Commission may make media service rules in relation to the total daily times that shall be allowed for broadcasting commercial communications on a broadcasting service provided by a broadcasting contractor.

(3)  In the case of audiovisual broadcasting—

(a) media service rules under subsection (2) shall specify the time allowed for broadcasting audiovisual commercial communications in the period between 06. 00 and 18. 00 hours and in the period between 18. 00 and 24. 00 hours each day, but

(b) the time specified shall not exceed 20 per cent of the time in each period.

(4) Media service rules under subsection (2) relating to sound broadcasting shall be in accordance with section 46M(3).

(5) The Commission shall make media service rules requiring a broadcaster, as respects programmes broadcast by the broadcaster, and a provider of an audiovisual on-demand media service, as respects programmes made available in a catalogue of the service, to take steps to promote the understanding and enjoyment of those programmes by—

(a) persons who are deaf or have a hearing impairment,

(b) persons who are blind or partially sighted, and

(c) persons who have a hearing impairment and are partially sighted.

(6) Without prejudice to the generality of subsection (5), media service rules under that subsection shall require a media service provider to take steps to provide access to audiovisual programmes by persons within any paragraph of that subsection by means such as the provision of—

(a) a sign language service,

(b) subtitling, or

(c) audio description.

(7) Media service rules under subsection (5) shall require media service providers to have regard to whether facilities such as those referred to in subsection (6) are provided—

(a) in the case of an audiovisual broadcasting service—

(i) daily, or at other regular intervals,

(ii) at popular viewing times, as well as at other times, and

(iii) for news and news related matters, as well as for other matters,

or

(b) in the case of an audiovisual on-demand media service, in an easily identifiable and easily accessible manner.

(8) Media service rules under subsection (5) may require a broadcaster to ensure that a specified percentage of programmes broadcast on a broadcasting service in a specified period employs specified means by which the understanding and enjoyment by persons referred to in that subsection of that percentage of programmes may be promoted.

(9) Media service rules shall provide for the matters required to be provided for by Articles 6(1), 6a(1), 7, 7b, 8, 9, 10, 11, Chapter VI and Articles 23(2), 24 and 25 of the Directive (except in so far as provision is made by media service codes).

(10) The Commission may amend or revoke a media service rule.

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

(12) The Commission shall prepare a report for the Minister on the operation of media service rules made under subsection (5), in such form and manner as the Minister may specify, not later than 3 years after the coming into operation of this subsection, and every 3 years thereafter.

(13) Subject to subsection (14), the following broadcasting rules prepared under section 43 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) Access rules (28 January 2019);

(b) Rules on Adverts and Teleshopping (28 July 2010).

(14) After the coming into operation of this section, the broadcasting rules referred to in subsection (13) shall continue to apply to broadcasters only, unless otherwise amended or revoked by the Commission.]