Cap. 350 Art. 16GInterpretation.

In this Part, unless the context otherwise requires:

"audiovisual commercial communication" means images with or without sound which are designed to promote, directly or indirectly, the goods, services or image of a natural or legal person pursuing an economic activity; such images accompany, or are included in a programme or user-generated video in return for payment or for similar consideration or for self-promotional purposes. Forms of audiovisual commercial communication include, television inter alia, advertising, sponsorship, teleshopping and product placement; "audiovisual media service" means:

(a) a service as defined by articles 56 and 57 of the Treaty on the Functioning of the European Union, where the principal purpose of the service or a dissociable section thereof is devoted to providing programmes, under the editorial responsibility of a media service provider, to the general public, in order to inform, entertain or educate, by means of electronic communications networks within the meaning of point

(a) of Article 2 of Directive 2002/21/EC. Such an audiovisual media service is either a television broadcast or an on-demand audiovisual media service;

(b) audiovisual commercial comm-unication;"broadcaster" means a media service provider of either radio or television broadcasts, or of both; "editorial decision" means a decision which is taken on a regular basis for the purpose of exercising editorial responsibility and linked to the day-to-day operation of the audiovisual media service; "editorial responsibility" means the exercise of effective control both over the selection of the programmes and over their organisation either in a chronological schedule, in the case of television broadcasts, or in a catalogue, in the case of on-demand audiovisual media services. Editorial responsibility does not necessarily imply any legal liability under national law for the content or the services provided; "European Union" shall have the same meaning assigned to it by article 2 of the European Union Act; "media literacy" refers to skills, knowledge and understanding that allow citizens to use media effectively and safely; "media service provider" means the natural or legal person who has editorial responsibility for the choice of the audiovisual content of an audiovisual media service and determines the manner in which it is organised;

"Member State" means a Member State of the European Union; "on-demand audiovisual media service" means a non-linear audiovisual media service provided by a media service provider for the viewing of programmes at the moment chosen by the user and at his individual request on the basis of a catalogue of programmes selected by the media service provider; "pop-up advertising" means all forms of audiovisual commercial communication that appears superimposed on the audiovisual media service during the television broadcast of the same service;

"product placement" means any form of audiovisual commercial communication consisting of the inclusion of or reference to a product, a service or the trade mark thereof so that it is featured within a programme or a user-generated video, in return for payment or for similar consideration;

"programme" means a set of moving images with or without sound, or sound, with or without moving images, constituting a single item, irrespective of its length, within a schedule or a catalogue established by a media service provider; "sponsorship" means any contribution except television advertising, teleshopping and product placement made by public or private undertakings or natural persons not engaged in providing audiovisual media services or video-sharing platform services or in producing audiovisual works to the financing of audiovisual media services, video-sharing platform services, user-generated videos or programmes with a view to promoting their name, trademark, image, activities or products; "surreptitious audiovisual commercial communication" means the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the media service provider to serve as advertising and might mislead the public as to its nature. Such representation shall, in particular, be considered as intentional if it is done in return for payment or for similar consideration; "television broadcasting" or "television broadcast" means a linear audiovisual media service provided by a media service provider for simultaneous viewing of programmes on the basis of a programme schedule;

"thematic placement" means commercial product placement through the integration of the product into the theme, colloquium, dialogue or any other form of integration into a television programme or part thereof such as the integration of a commercial product as a theme in a drama series;

"the Treaty" shall have the same meaning assigned to it by article 2 of the European Union Act;

"user-generated video" means a set of moving images with or without sound constituting an individual item, irrespective of its length, that is created by a user and uploaded to a video-sharing platform by that user or any other user; "video-sharing platform provider" means the natural or legal person who provides a video-sharing platform service; "video-sharing platform service" means a service as defined by Articles 56 and 57 of the Treaty on the Functioning of the European Union, where the principal purpose of the service or of a dissociable section thereof or an essential functionality of the service is devoted to providing programmes, user-generated videos, or both, to the general public, for which the video-sharing platform provider does not have editorial responsibility, in order to inform, entertain or educate, by means of electronic communications networks within the meaning of point (a) of Article 2 of Directive 2002/21/EC and the organisation of which is determined by the video-sharing platform provider, including by automatic means or algorithms in particular by displaying, tagging and sequencing.