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New paragraphs 3.2A to 3.2F

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

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The Code is amended by inserting, immediately after paragraph 3.2, the following paragraphs:“3.2APublication of Information on Subscription Service(a)A Regulated Person must, without charge, make available to the public up-to-date information about any Subscription Service offered by it, including:(i)a description of and the subscription fee for the Subscription Service; and(ii)the terms and conditions upon which the Subscription Service is offered, including:(A)where the Subscription Service offered is or includes a broadcasting service, the channels in the Subscription Service;(B)the specifications of any discount or other promotion offered, including the period(s) during which such discount or other promotion will be offered and the applicable charge(s) payable after such period(s); and(C)whether any of the terms and conditions may be unilaterally varied by the Regulated Person.(b)A Regulated Person must publish the information referred to in paragraph 3.2A(a) of this Code:(i)within such time and in such form and manner as the Authority may direct; or(ii)in the absence of any such direction, in a timely manner and in a form and manner that ensures that the information is current, accessible and easy to understand.3.2BDuty to Offer Option of Short Term Agreements(a)A Regulated Person must not offer to provide to any person a Subscription Television Service only on the basis of a term exceeding 12 months (referred to in paragraph 3.2B of this Code as a “Long Term Agreement”).(b)For the avoidance of doubt, the channels on a Subscription Television Service offered to a person for a term of 12 months or less (referred to in paragraph 3.2B of this Code as a “Short Term Agreement”) must be the same in all aspects as the channels on a Subscription Television Service offered to that person under a Long Term Agreement by the Regulated Person; and the Regulated Person must comply with all requirements contained in this Part, including in paragraphs 3.2C and 3.2D of this Code, whether the Regulated Person enters into a Long Term Agreement or a Short Term Agreement with the person.3.2CDuty Not to Act Unreasonably in Contracting(a)Subject to paragraphs 3.2C(b) and 3.2C(c) of this Code, a Regulated Person must not require a Subscriber to agree to amend the terms of or to terminate any existing agreement for the provision by the Regulated Person of any non‑Subscription Television Service to the Subscriber, before the Regulated Person will:(i)enter into a new agreement with the Subscriber for the provision by the Regulated Person of any Subscription Television Service to the Subscriber; or(ii)amend the terms of an existing agreement with the Subscriber for the provision by the Regulated Person of any Subscription Television Service to the Subscriber.(b)Paragraph 3.2C(a) of this Code applies only during the minimum service period which the Subscriber has committed to for the provision of the non-Subscription Television Service.(c)Paragraph 3.2C(a) of this Code does not apply if:(i)it is the Subscriber who requests for the amendment to the terms of the existing agreement for the provision of the Subscription Television Service; and(ii)the amendment requested for is an addition (comprising one or more channels or any content package) to the Subscription Television Service of the Subscriber, which is not already offered by the Regulated Person to Consumers as an addition to their existing Subscription Television Service.3.2DDuty to Inform Subscriber of Certain Matters Before Contracting(a)Without prejudice to paragraph 3.2A of this Code, prior to entering into an agreement with a Subscriber for the provision of any Subscription Television Service, a Regulated Person must provide and draw the Subscriber’s attention to critical information about the agreement including all of the following information:(i)the subscription fee payable under the agreement and the payment date;(ii)where the agreement is for or includes a broadcasting service, the channels provided under the agreement;(iii)the specifications of any of the following services provided by the Regulated Person under the agreement:(A)any service provided on a continuous basis –– being any service which the Subscriber elects or is deemed to elect for the Regulated Person to continue to provide after the expiry of the minimum service period specified by the Regulated Person for the service;(B)any service provided on a promotional basis –– being any service provided at a discounted rate for a period of time specified by the Regulated Person, after which the Regulated Person continues to provide the service at the applicable subscription fee without any election by the Subscriber; (C)any service provided on a free trial basis — being any service provided without charge for a period of time specified by the Regulated Person, after which the Subscriber may elect to subscribe to the service;(iv)the specification of any service provided by the Regulated Person on a complimentary basis –– being any service which is not part of the agreement but is provided without consideration for a period of time specified by the Regulated Person, after which the Subscriber may elect to subscribe to the service;(v)the terms and conditions which will apply upon the expiry of the minimum service period or period of time (as the case may be) referred to in paragraph 3.2D(a)(iii) of this Code, including:(A)in the case of a service provided on a continuous basis:(AA)the subscription fee for the service; and(AB)whether, and the circumstances in which, the Subscriber will be deemed to have elected for the continued provision of the service upon the expiry of the minimum service period; and(B)in the case of a service provided on a promotional basis or free trial basis, the subscription fee for the service;(vi)where the Regulated Person provides the Subscriber with a Subscription Television Service and some other Subscription Service as a bundle or package of services, and the Subscriber terminates the Subscription Television Service pursuant to paragraph 3.5A of this Code, the subscription fee payable for the other Subscription Service and the payment date;(vii)where the Regulated Person provides the Subscriber with a Subscription Television Service with or without any other Subscription Service, whether the Subscriber will be subject to any early termination charges permitted under paragraphs 3.5 and 3.5A of this Code in the event the Subscriber terminates the Subscription Television Service prior to the expiry of the minimum service period applicable to the Subscription Television Service; (viii)whether the agreement or any part of the agreement may be unilaterally varied by the Regulated Person.(b)All the critical information referred to in paragraph 3.2D(a) of this Code must be published in an accurate, clear and easy to understand summary (referred to in paragraphs 3.2D and 3.2E of this Code as “Critical Information Summary”). The Regulated Person must obtain and keep evidence of the Subscriber’s confirmation that the Subscriber has read and understood the Critical Information Summary. Within 14 days after the conclusion of the agreement, the Regulated Person must provide the Subscriber with a physical or an electronic copy of both the agreement and Critical Information Summary.(c)Paragraph 3.2D(b) of this Code applies in relation to agreements for the provision of any Subscription Television Service entered into on or after 30 April 2017.3.2ERecords of Marketing Materials, Agreement, etc.(a)A Regulated Person must maintain a record of every marketing material it uses, for not less than 2 years after the Regulated Person ceases to use such material.(b)A Regulated Person must maintain a record of all the details of an agreement brought to the attention of a Subscriber in compliance with paragraph 3.2D of this Code, for not less than 2 years after the Regulated Person enters into the agreement with the Subscriber.(c)The record in paragraph 3.2E(b) of this Code must include:(i)a physical or electronic copy of the agreement;(ii)the Critical Information Summary referred to in paragraph 3.2D(b) of this Code relating to the agreement; and(iii)call centre recordings relating to the agreement.3.2FExpress Agreement Required for Continued Provision of Services Provided on Free Trial Basis or Complimentary Basis In the case of any service provided on a free trial basis (referred to in paragraph 3.2D(a)(iii)(C) of this Code) or complimentary basis (referred to in paragraph 3.2D(a)(iv) of this Code), a Regulated Person must not charge a Subscriber for the service upon the expiry of the period of time referred to in paragraph 3.2D(a)(iii)(C) or 3.2D(a)(iv) of this Code, as the case may be, unless the Subscriber expressly agrees to subscribe to the service at the subscription fee and on the terms and conditions, brought to the attention of the Subscriber under paragraph 3.2D of this Code.”.

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