Paragraph 11 Local digital television programme services

Part 1 has effect as if after section 19 there were inserted—

“Pornographic material

19A

(1)

For the purposes of section 19(3A)(e), material is “pornographic” if it is of such a nature that it must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal.

(2)

Where the material forms part of a series of images and that series is such as to be capable of providing a context for the material, the question whether the material is “pornographic” is to be determined by reference to—

(a)

the material itself, and

(b)

the context provided by the series of images.

(3)

So, for example, where—

(a)

the material forms an integral part of a narrative constituted by a series of images, and

(b)

having regard to those images as a whole, they are not of such a nature that they must reasonably be assumed to have been produced solely or principally for the purpose of sexual arousal,

the material may, by virtue of being part of that narrative, be found not to be pornographic, even though it might have been found to be pornographic if taken by itself.

Prohibition of certain advertising content

19B

(1)

For the purposes of section 19(3A)(f), advertising falls within this section if it is—

(a)

of a duration of at least 3 minutes, and

(b)

for a chat service made available for purchase by means of a premium rate service.

(2)

In this section–

• “chat service” means a service offering two-way communication in sound or vision (or both) between the purchaser and another individual;

• “premium rate service” means a service falling within section 120(7) of the Communications Act 2003^f1.”