46P.— (1) A broadcaster shall retain a copy of all programme material—

(a) broadcast by the broadcaster, or

(b) supplied by the broadcaster under a broadcasting contract or a content provision contract.

(2) A provider of an audiovisual on-demand media service shall retain a copy of all programme material made available in a catalogue of an audiovisual on-demand media service by the provider.

(3) The Commission may determine the duration for which copies of programme material shall be retained in each of the cases referred to in subsections (1) and (2) and shall publish the duration on a website maintained by it.

(4) The Commission may require the broadcaster or provider referred to in subsection (1) or (2) to provide a copy of any programme material to which that subsection applies within a specified period.

(5) A failure to comply with subsection (1) or (2) shall be a contravention for the purposes of Part 8B.

(6) A person who fails without reasonable excuse to comply with a requirement under subsection (4) shall be guilty of a category 2 offence.

(7) The making or retention of a copy of programme material for the purposes of compliance with subsection (1) or (2) is not a contravention of the Copyright and Related Rights Act 2000.]