Cap. 350 Art. 16OObligations of on- demand audiovisual media service providers.

(1) A provider of media services who intends to provide an on-demand audiovisual media service shall, before doing so, notify the Authority’s Chairman by means of a written request in the form of a letter. A media service provider providing an on-

demand service before the date of entry into force of this article shall notify the Authority by means of a written request in the form of a letter addressed to the Chairman of the Authority, within one month from date of entry of this article.

(2) The notification shall contain the following information:

(a) in the case of a natural person, the name, surname and address, identity card number, passport number or any other identification document as may be accepted by the Authority;

(b) in the case of a legal person, the name and address of the company and of the registered office.

(3) Any person, whether natural or legal, shall provide the Authority with:

(a) the name and surname of the registered editor as contained in the Media and Defamation Act;

(b) his mobile number;

(c) his landline number;

(d) his email address.

(4) When the Authority is notified in accordance with sub-article (1), the person concerned shall be deemed to be authorised to provide an on-demand audiovisual media service, subject to such conditions as may be imposed in accordance with this Part.

(5) The Authority may, by order in the Gazette, amend the conditions mentioned in sub-article (4). Any such amendment may only be made in objectively justified cases and in a proportionate manner. The Authority, before making any such amendment to the said conditions, shall give notice of its intention in such manner as it considers appropriate, inviting interested parties to make representations on the proposed amendments within such period of not less that thirty days as may be specified in the notice. The Authority may, in circumstances which it considers to be exceptional, shorten such period.

(6) An audiovisual media service provider that provides an on-demand audiovisual media service should ensure that adequate measures are in place to prevent minors from accessing content that could seriously impair their physical, mental or moral development.

(7) Audiovisual media services provided by audiovisual media service providers shall not include any:

(a) incitement to violence or hatred directed against a group or a member of a group on any of the grounds referred to in Article 21 of the Charter of Fundamental Rights of the European Union;

(b) public provocation to commit a terrorist offence as determined in accordance with Article 5 of Directive

(EU) 2017/541.

(8) Every directive and, or measure that the Authority gives or takes for the purpose of the preceding sub-article shall be necessary and proportionate and shall aim to respect the rights and observe the principals reflected in the Charter of Fundamental Rights of the European Union.