Part 4: On-demand programme services Section 368HL Accessibility code for Tier 1 services
Section 368HL sets out the requirements for OFCOM to develop a new accessibility code for Tier 1 services, to ensure that these on-demand services are accessible to those with disabilities. This section details what should be covered by this code and also includes reporting requirements for Tier 1 services to report annually to OFCOM on their accessibility.
	Section 368HL sets targets for Tier 1 services to reach in terms of their provision of access services, setting a certain percentage of a service’s total catalogue hours to be subtitled, audio described, and signed, within a four-year period. It also sets interim requirements at half this total level to be met after a two-year period.
	This section provides that OFCOM can assess and set exemptions to these requirements, based on the description of the types of programme, the platform a service is being delivered on, or adjusting requirements for a service as a whole. In determining these exemptions, OFCOM must have regard for the list of factors set out in legislation, such as the extent of audience benefit, the technical difficulty that providers may experience in complying, and the cost of compliance.
	The accessibility requirements set out in this section and in OFCOM’s code only apply to services so far as they are made available to audiences in the UK.
	OFCOM are required under this section to keep their accessibility code under review and may revise it. The code and any revisions must be published with regard to the need to make this accessible to people with disabilities.