Online Safety and Media Regulation Act 2022

Amendment of section 71 of Principal Act

29. Section 71 of the Principal Act is amended—

(a) in subsection (2), in paragraph (b), by the deletion of “a MMD system,”,

(b) in subsection (4), by the substitution of “The Commission” for “The Authority, on the recommendation of the Contract Awards Committee,”,

(c) in subsection (5), in paragraph (a), by the substitution of “media service codes or media service rules” for “broadcasting codes or rules”,

(d) in subsection (6)—

(i) by the substitution of the following paragraph for paragraph (a):

“(a) contains anything referred to in section 46J(1)(c) or (d),”,


(ii) by the insertion of the following paragraph after paragraph (a):

“(aa) contains anything which may impair the physical, mental or moral development of children which is not presented in such a way that children will not normally hear or see it, or”,

(e) by the insertion of the following subsections after subsection (8):

“(8A) Where under a levy order under section 21 a levy becomes payable in respect of a levy period by a person who, in that period, paid a fee to the Commission under subsection (8), the Commission shall—

(a) deduct the amount of the fee from the amount payable by that person under the levy order, and

(b) if the fee paid is more than the amount payable under the levy order, refund to that person so much of the fee as exceeds that amount.

(8B) Payment of a refund under subsection (8A)(b) shall be deferred for any period for which payment of the amount under the levy order referred to in that paragraph is deferred.”,


(f) by the insertion of the following subsection after subsection (10):

“(11) In this section, ‘excepted person’ means a person who is under the jurisdiction of another Member State, and for the purposes of this subsection section 2A applies to a person providing a sound broadcasting service—

(a) as if references to a media service provider were references to a provider of a sound broadcasting service,

(b) as if references to audiovisual media service activity were references to activity relating to the sound broadcasting service concerned, and

(c) as if references to relevant editorial decisions were references to editorial decisions about the sound broadcasting service concerned.”.