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Advertising by licensee by means of audiovisual on-demand media service or on-demand sound service
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145. (1) Subject to this section, a licensee shall not advertise relevant content, or cause a person to advertise relevant content on the licensee’s behalf, on an audiovisual on demand media service or on an on-demand sound service to another person (in this section referred to as the “intended recipient”) unless—
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(a) the intended recipient has an account with the service concerned, and
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(b) the licensee complies with the applicable regulations.
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(2) A licensee shall not be taken to have contravened subsection (1) where—
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(a) an intended recipient does not have an account with an audiovisual on-demand media service or an on-demand sound service, and
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(b) as part of the content delivered by that service—
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(i) a logo, trademark, emblem or marketing image of the licensee displayed at a sporting event is, in the case of an audiovisual on-demand service, visible to the intended recipient of that service, or
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(ii) details of the sponsorship by the licensee of a sporting event are, in the case of an audiovisual on-demand service, visible, or in the case of an on-demand sound service, audible to that intended recipient of that service.
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(3) Subsection (1) shall not apply to advertising relevant content on an audiovisual on demand media service or an on-demand sound service by a licensee of a gambling licence for a charitable or philanthropic purpose provided that the advertising by that licensee does not include—
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(a) the name or trading name, or part of the name or trading name, of a licensee of a Business to Consumer gambling licence or a Business to Business gambling licensee, or
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(b) the logo, trademark, emblem or marketing image of such a licensee.
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