Section 361 Meaning of “available for reception by members of the public”I1

is made available for reception, or is made available for reception in an intelligible form, only to persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision; but

is a service the facility of subscribing to which, or of otherwise requesting its provision, is offered or made available to members of the public.

the protection which, taking account of the means by which the programmes and services are received or may be accessed, is expected by members of the public as respects the contents of television programmes or sound programmes;

the extent to which members of the public are able, before television programmes are watched or accessed, to make use of facilities for exercising control, by reference to the contents of the programmes, over what is watched or accessed;

the practicability of applying different levels of regulation in relation to different services;

the financial impact for providers of particular services of any modification of the provisions of that section; and

technological developments that have occurred or are likely to occur.