Regulation 6 Section 368Z14: further exemptions

(1)

Section 368Z14(1) of the 2003 Act does not apply in relation to advertisements for identifiable less healthy food or drink products which—

(a)

are included—

(i)

in an audio service, and are not visual advertisements, or

(ii)

in a television licensable content service, within the meaning of section 232 (meaning of television licensable content services) of the 2003 Act^f1 which is a regulated television service, or

(b)

are included in an unregulated television licensable content service which—

(i)

is not a regulated television service,

(ii)

is provided by means of the internet, and

(iii)

is a service which corresponds to a regulated television service.

(2)

In paragraph (1)—

(a)

a “regulated television service” is a service which is regulated by OFCOM under section 203 (function of OFCOM in relation to S4C)^f2 or section 211 (regulation of independent television services)^f3 of the 2003 Act;

(b)

a service corresponds to a regulated television service if all the programmes, including advertisements, provided by the regulated television service are provided at the same time on both services.

Annotations

Footnotes

f1: Section 232 has been amended by S.I. 2006/2131, 2009/2979 and 2020/1062.
f2: Section 203 has been amended by paragraph 32(1) of Schedule 4 to the Media Act 2024 (c. 15).
f3: Section 211 has been amended by paragraph 34 of Schedule 4 to the Media Act 2024, and S.I. 2019/224.