Part 4: On-demand programme services Section 38: Audience protection reviews
This section amends Part 4A of the CA 2003. Subsection (1) inserts a new section, section 368OB, on audience protection reviews.
	Subsection (1) of new section 368OB states that OFCOM must review the audience protection measures (for example the age ratings, content warnings, parental controls - see the non-exhaustive list in subsection (4)) of both on-demand programme services and Tier 1 non-UK on-demand programme service providers.
	The scope of this review is defined in subsection (2) to include consideration of whether the services’ audience protection measures are adequate to comply with the obligations to protect audiences from harm set out elsewhere in Part 4A of the CA 2003.
	Under subsection (3), OFCOM can carry out subsequent audience protection reviews at such times as appear appropriate.
	Subsection (5) states that OFCOM can request that on-demand service providers give information on their audience protection measures, for the purposes of a review of audience protection measures. Under subsection (6), if OFCOM have concerns about the sufficiency of audience protection measures used by a provider - whether as a result of this review or anything else done in the exercise of their functions - they may request further information from the provider. Subsection (7) outlines that OFCOM can specify a time period for delivery of this information as well as the format it is presented in.
	Subsection (8) also sets out that requests for information on audience protection measures can be required more regularly from on-demand service providers, at intervals defined by OFCOM.
	Subsections (9) and (10) state that the on-demand service provider has to comply with OFCOM’s requests for such information, and that any information provided under this section can be published by OFCOM.
	Section 38(2) makes a consequential amendment to section 393 of the CA 2003 to make clear that the general restriction on OFCOM further disclosing information about business without the business' consent does not apply to publishing information in relation to an audience protection review under this section.