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United Kingdom Statutory Instruments |
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You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Internet Television Equipment Regulations 2024 No. 1056 URL: http://www.bailii.org/uk/legis/num_reg/2024/uksi_20241056_en_1.html |
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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
BROADCASTING
Made
22nd October 2024
Laid before Parliament
24th October 2024
Coming into force
14th November 2024
The Secretary of State makes these Regulations in exercise of the powers conferred by sections 362AE(2) and 402(3)(a) of the Communications Act 2003( 1).
1.—(1) These Regulations may be cited as the Internet Television Equipment Regulations 2024.
(2) These Regulations come into force on 14th November 2024.
(3) These Regulations extend to England and Wales, Scotland and Northern Ireland.
2.—(1) Smart televisions and streaming devices are “ internet television equipment” for the purposes of Part 3A of the Communications Act 2003.
(2) In paragraph (1)—
“ smart television” means a television which is—
capable of connecting to the internet; and
designed primarily for—
enabling the user to select and access programmes( 2); and
displaying programmes;
“ streaming device” means an apparatus which is—
capable of connecting to the internet;
designed primarily for—
enabling the user to select and access programmes; and
displaying programmes; and
not able to display programmes by itself.
Stephanie Peacock
Parliamentary Under Secretary of State
Department for Culture, Media and Sport
22nd October 2024
(This note is not part of the Regulations)
These Regulations specify the descriptions of the apparatus which are “ internet television equipment” for the purposes of Part 3A of the Communications Act 2003 (“ the 2003 Act”). Section 362AE(1) of the 2003 Act defines “television selection service” and internet television equipment is an element of that definition.
These Regulations provide that smart televisions and streaming devices are internet television equipment.
Part 3A of the 2003 Act places certain obligations on regulated television selection services. These obligations relate to giving an appropriate degree of prominence to designated internet programme services (“IPSs”).
Section 362AA of the 2003 Act provides that designated IPSs are IPSs provided by the BBC, IPSs provided by other public service broadcasters (“PSBs”) which have been designated by Ofcom and IPSs provided by persons associated with PSBs which have been designated by Ofcom.
Section 362AE of the 2003 Act provides that a “television selection service” is a service or dissociable section of a service, provided by means of the internet and in connection with internet television equipment, which consists of—
(a) the presentation of the internet programme services included in the service, and
(b) a facility which allows users to select and access programmes provided by those services.
Under section 362AF of the 2003 Act, the Secretary of State may, by regulations, designate television selection services or descriptions of television selection services as regulated television selection services.
A full impact assessment has not been produced for this instrument as no, or no significant impact on the private, voluntary or public sector is foreseen. An impact assessment was prepared for the Media Act 2024 (c. 15)and is available from the Department for Culture, Media and Sport at 100 Parliament St, London SW1A 2BQ and ongov.uk.
2003 c. 21: section 362AE was inserted by the Media Act 2024 (c. 15), section 28(1).
Section 362AZ12 of the Communications Act 2003 provides that, in Part 3A of that Act, “ programme” means such programme as is described in section 368ZA. Section 368ZA’s description is: “programmes with or without sounds which consist of moving or still images, or of legible text, or of a combination of those things”.
