Part 4: On-demand programme services Schedule 7: Tier 1 services: amendments of other legislation
This Schedule includes amendments to the Representation of the People Act 1983 (paragraph 1), Broadcasting Act 1996 (paragraph 2), the CA 2003 (paragraph 3), and the Wireless Telegraphy Act 2006 (paragraph 4) to add references to Tier 1 services.
	The amendments to the Broadcasting Act 1996 add a requirement that OFCOM create a new code of guidance on the avoidance of unjust or unfair treatment and unwarranted infringement of privacy in respect of programmes on Tier 1 services. It clarifies that this only applies in relation to Tier 1 services only so far as those services are made available to members of the public in the UK. It also amends existing language, to allow complaints to OFCOM in relation to the new fairness and privacy Code in a Tier 1 service.
	Paragraph 2(4) inserts new provisions (4A), (4B) and (4C) to section 111 of the Broadcasting Act 1996. These new subsections together align the enforcement of the Tier 1 fairness and privacy Code with the enforcement of the Tier 1 standards Code. This gives services a 12 month grace period before a fairness and privacy complaint can be considered by OFCOM. The grace period is defined in the same way, as a period of 12 months, beginning either when the service becomes a Tier 1 service or when the Code was first published, whichever comes last. The Secretary of State can also choose to reduce the grace period given to a period less than 12 months.
	Amendments are also made to section 119 on publication of OFCOM’s findings. This section brings the requirements around publishing details on fairness and privacy complaints for Tier 1 service cases in line with broadcasting cases. It inserts a new subsection to clarify that where a contravention is found, OFCOM have the power to impose a financial penalty and suspend or restrict a service. The definition of those covered in this provision is updated to ‘relevant person’ and to include providers of Tier 1 services.
	Paragraph 2(7) amends section 120 on reports on action taken voluntarily in response to findings on complaints. This section updates the wording to include that if a direction to publish details of a fairness or privacy complaint is given to a Tier 1 provider, they must provide OFCOM with a report on the matter, as is the case for broadcasters.
	Finally, paragraph 2(8) covers section 130, which covers the interpretation of this part of the Broadcasting Act 1996, under which the above sections all fall. This adjustment includes reference to a Tier 1 service in accordance with the definition given above in this legislation.
	Paragraph 3 updates sections 361, 368Z14 and 405 of, and Schedule 11A to, the CA 2003. It inserts references to non-UK on-demand programme services that are Tier 1, to bring these in line with pre-existing provisions on on-demand programme services.
	Paragraph 4 similarly updates the Wireless Telegraphy Act 2006 so that OFCOM can give notice to satellite uplinkers in relation to non-UK on-demand programme services that are Tier 1.
	Paragraph 5 updates section 80 and Schedule 9 of the Online Safety Act 2023 to exclude Tier 1 non-UK on-demand programme services from the scope of duties about regulated providers of pornographic content. Under the original section 80 and Schedule 9 of the Online Safety Act, on-demand programme services, as defined at section 368A of the CA 2003, were excluded from these duties. This updated exclusion to include Tier 1 non-UK on-demand programme services avoids duplication of regulation on protections for children from pornographic content.