368Z13Interpretation of Part 4BU.K.

In this Part—

• “appropriate regulatory authority” is to be construed in accordance with section 368T;

• “audiovisual commercial communication” means a set of moving or still images, or of legible text, or of a combination of those things (with or without sounds), which—

  (a)

  is designed to promote (directly or indirectly) the goods, services or image of a person pursuing an economic activity, and

  (b)

  accompanies or is included in a video in return for payment, or for other valuable consideration, or for self-promotional purposes,

  and forms of audiovisual commercial communication include advertising, sponsorship, teleshopping and product placement;

• “product placement” means the inclusion of, or of a reference to, a product, a service or a trade mark within a video in return for payment or for other valuable consideration;

• “sponsorship” means any contribution made by a person not engaged in providing video-sharing platform services to the financing of video-sharing platform services or videos with a view to promoting the name, trade mark, image, activities, services or products of that person or another person;

• “teleshopping” means direct offers broadcast to the public for the supply of goods, services, immovable property, rights or obligations, in return for payment;

• “trade mark”, in relation to a person, includes any image (such as a logo) or sound commonly associated with that person, or that person’s products or services;

• “video” means a set of moving or still images, or of legible text, or of a combination of those things (with or without sounds), which constitutes an individual item irrespective of its length (and which is not an audiovisual commercial communication);

• “video-sharing platform service” has the meaning given by section 368S.]