Regulation 5 Services connected to regulated radio services

(1)

For the purposes of section 368Z14(3)(c) of the 2003 Act, a service is a “service connected to regulated radio services” if it is a service—

(a)

provided by means of the internet;

(b)

which corresponds to a service that is broadcast by a relevant radio service.

(2)

For the purposes of paragraph (1)(b)—

(a)

a service corresponds to a service that is broadcast by a relevant radio service if the majority of the audio items included in the service are broadcast on the relevant radio service at the same time as they are provided by the service;

(b)

a “relevant radio service” is a radio service, other than a radio multiplex service (within the meaning of section 258 (radio multiplex services) of the 2003 Act), regulated by OFCOM^f1 under section 245 (regulator of independent radio services) of the 2003 Act^f2.

(3)

A visual advertisement for an identifiable less healthy food or drink product included in a service connected to regulated radio services, which distributes an audio item, is not to be treated as part of that service.

Annotations

Footnotes

f1: “OFCOM” is defined in section 405(1) of the Communications Act 2003 (c. 21).
f2: Section 245 was amended by section 46(2) and (3) of the Media Act 2024 (c. 15) and S.I. 2019/224.