Suggest a correction

New paragraphs 3.7 and 3.8

Variation of Code of Practice for Market Conduct in the Provision of Media Services

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Wrong or mistyped textWrong structure or numberingWrong title or detailsDuplicated content

Proposed text

The Code is amended by inserting, immediately after paragraph 3.6, the following paragraphs:“3.7Anti-avoidance A Regulated Person must not enter into any agreement or arrangement or a series of agreements or arrangements with the primary purpose of avoiding the application of any paragraph in this Part.3.8Determining Material Channel and Material Sports Content(a)For the purposes of this Part, the factors to be taken into consideration (except where irrelevant) in determining whether any channel is a material channel include, but are not limited to, the following:(i)the viewership of the channel;(ii)the level of consumer interest in the channel;(iii)the actual or potential value of the channel to the Regulated Person;(iv)the degree to which the channel has been marketed and advertised.(b)For the purposes of this Part, the factors to be taken into consideration (except where irrelevant) in determining whether any sports content of a channel is material sports content include, but are not limited to, the following:(i)the viewership of the sports content;(ii)the level of consumer interest in the sports content;(iii)the actual or potential value of the sports content to the Regulated Person;(iv)the degree to which the sports content has been marketed and advertised.(c)The Authority may issue advisory guidelines as to how the factors listed in paragraphs 3.8(a) and 3.8(b) of this Code should be applied.(d)In the event of any dispute between a Regulated Person and a Subscriber as to whether a channel or any sports content is material, either party may write to MDA to express its opinion on the same. Any position taken by the Regulated Person or the Subscriber and expressed to MDA under this sub‑paragraph must specify the considerations on which the position is based.”.

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