Section 362AE: Meaning of "television selection service", Communications Act 2003

In this Part, "television selection service" means a service or a dissociable section of a service, provided by means of the internet and in connection with internet television equipment, which consists of—

the presentation of the internet programme services included in the service or the dissociable section of the service, and

a facility that enables the user—

to make a selection between those services or between programmes provided by those services or both, and

to access the service selected or the programme selected or both.

In subsection (1), "internet television equipment" means any apparatus or combination of apparatus specified in regulations made by the Secretary of State setting out the descriptions of apparatus or combinations of apparatus that are internet television equipment for the purposes of this Part.

Regulations made by virtue of subsection (2) may—

provide for references to internet television equipment to include references to software used in association with apparatus, and

describe apparatus or a combination of apparatus by reference to software used in association with the apparatus or any of it.

Exceptions in regulations made by virtue of subsection (2) may include exceptions relating to the purpose or purposes for which a description of apparatus may be used in addition to the purpose of viewing internet programme services.

The person, and the only person, who is to be treated for the purposes of this Part as providing a television selection service is the person who has general control over the manner in which the service presents to its users the internet programme services that are included in the service.

The fact that a television selection service relies to any extent on algorithms to determine the prominence given to—

an internet programme service included in the service, or

any programme provided by an internet programme service included in the service,

does not prevent a person from having general control as described in subsection (5).

The Secretary of State may by regulations—

amend this section so as to alter the definition of "television selection service" or "internet television equipment", and

make such amendments or repeals of any provision of this Act or any other Act as appear to the Secretary of State to be expedient in consequence of the amendments made by virtue of paragraph (a).

A statutory instrument containing regulations under subsection (7) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

Section 362AE: Meaning of "television selection service"

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