Broadcasting Act 1996

[^key-6a32a01871e015034358ebf9b00286cd]: S. 115(9)(c) and word inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(5)(b); S.I. 2024/858, reg. 2(1)(z1)

[^key-972bcb5f9b63f3c7444cc7fbb365c59f]: S. 119(7D) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(6)(a); S.I. 2024/858, reg. 2(1)(z1)

[^key-27d29ec5612b23e0dbbe9883ba3d6ee9]: Words in s. 119(8)(c) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(6)(b); S.I. 2024/858, reg. 2(1)(z1)

[^key-b52becc2a26669f9b8ef5c8364c9fb04]: Word in s. 119(11A) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(6)(c); S.I. 2024/858, reg. 2(1)(z1)

[^key-b92450bbaf8585cb384099f02ab9a882]: S. 119(11A)(c) and word inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(6)(d); S.I. 2024/858, reg. 2(1)(z1)

[^key-b01ed9afc2b9b0a614df9002c1b28e49]: S. 120(3A) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(7)(a); S.I. 2024/858, reg. 2(1)(z1)

[^key-0443815d3bd4f8a1529d15d7515a4a90]: Words in s. 120(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(7)(b); S.I. 2024/858, reg. 2(1)(z1)

[^key-91a2a3679d2d6d24db1fec08751f06eb]: Words in s. 130(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 20; S.I. 2024/858, reg. 2(1)(v)

[^key-e5e6b3b8163510247097840648dd45aa]: Word in s. 130(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 27(a); S.I. 2024/858, reg. 2(1)(x)

[^key-ba609c001661014a6e9489086c7c7001]: Word in s. 130(1) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 27(b); S.I. 2024/858, reg. 2(1)(x)

[^key-5c1a138e4567063391a74b95734a09ab]: Words in s. 130(1) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(8); S.I. 2024/858, reg. 2(1)(z1)

[^key-ebeea86f679dc0aeb86c5df988f52f78]: Words in s. 46(3)(a) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(2)(a), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-058bbfa6378c7955f3e31bcca87ac80e]: S. 46(5) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(2)(c), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-28ba112d73ab05d0125d7d64c5f66838]: Word in s. 46(8)(a)(i) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(2)(d)(i), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-9781284bfe64fc9b61ffb51eb2a9d1ab]: S. 46(8)(a)(ii) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(2)(d)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-d6d809aa3f47ffbc73b5138b7b65e582]: S. 46(4)(c)-(f) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(2)(b), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-234a96792f4d08f9ba73e69627df6dd6]: Word in s. 47(2)(b) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(3)(a)(i), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-01661741b7607163962b32a2ff9bffcd]: Words in s. 47(2)(b) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(3)(a)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-02684c1795a9f5b521371d378675a5fa]: Word in s. 47(2)(c) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(3)(a)(iii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-dd0d4214426cb8e7b089ede2224bc296]: S. 47(2)(d) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(3)(a)(iv), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-951fbdaf92b4e9b5a0a0f40bb5b75e08]: S. 47(2)(e) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(3)(a)(iv), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-3a2373f53c32df5210dcdb1aae0a8096]: S. 47(3) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(3)(b), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-4d5ec3a0dc8b7719741b635e98ad2608]: Word in s. 50(7)(a)(i) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(4)(b)(i), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-b23fe32b3487cc1658d2e526505866d3]: S. 50(7)(a)(ii) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(4)(b)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-d24449482a3487b1529f22977d99406a]: S. 50(4)(c)-(e) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(4)(a), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-524e185e50154ed200b279c44a7efffb]: Words in s. 51(2)(f) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(5)(c), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-6284efbf48f76d2e1b6783fa0ae7efbb]: Word in s. 51(2)(b) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(5)(a)(i), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-ae23b3e957cc0e34132a49efebeabd1f]: Words in s. 51(2)(b) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(5)(a)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-543ea54342328db8dfcaa50a92d00962]: S. 51(2)(d) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(5)(b), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-326c8f967ed2977617aad3f8ed429172]: S. 51(2)(e) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(5)(b), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-a02d29347750efa114ca2b262da37a12]: S. 54(1)(b) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(6)(a)(i), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-4bcfff8b2b548a84e76ef39a1c0f984f]: Word in s. 54(1) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(6)(a)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-83294f6ecec281e52751fe48c783cd2f]: S. 54(1)(i)(j) inserted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(6)(a)(iii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-44082498905e6d1da761583a73e06c12]: Words in s. 54(5) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(6)(b)(i), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-94310c418975a58d6033559a1c2c4963]: Words in s. 54(5) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(6)(b)(ii), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-273449eac1c070ab36533abd444d612a]: S. 54(6)-(6B) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(6)(c), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-1f0b849fbbf9478119f91b8a2950f154]: Words in s. 54A(6) substituted (17.10.2024) by Media Act 2024 (c. 15), ss. 47(7), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-bdcb3fcda5b672c1053b2e6e2258e413]: S. 58(4)(a)(ii) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(8)(a), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-d81e2f4418737c3380f573bfe1a6ba4f]: Words in s. 58(11) omitted (17.10.2024) by virtue of Media Act 2024 (c. 15), ss. 47(8)(b), 55(3)(e); S.I. 2024/1033, reg. 3(g) (with reg. 5(2))

[^key-728b6b4189e300c78bfe039382946026]: Pt. I amendment to earlier affecting provisions S.I. 2012/292, Sch. Pt. 1 (20.12.2024) by The Local Digital Television Programme Services (Amendment) Order 2024 (S.I. 2024/1371), arts. 1(1), 3, 4

[^key-b92b82eede9f17b4771a2b336ac76c0c]: Pt. 2 applied (with modifications) (25.10.2019) by The Small Scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 6(a), Sch. Pts. 1, 3 (as amended (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 9 (with art. 10))

[^key-abcfadf4a50c8cdb5cab54c139a5320d]: Pt. 2 applied (with modifications) (25.10.2019) by The Small Scale Radio Multiplex and Community Digital Radio Order 2019 (S.I. 2019/1387), arts. 1, 6(b), Sch. Pts. 2, 3 (as amended (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 9)

[^key-bf3ae3d55ba89221f9269ac5ff63aa8d]: Word in s. 2(2)(e) substituted (1.1.2026) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 18(b); S.I. 2025/1049, reg. 3(v)

[^key-082d7ef5e6f72543810ed948ffda6641]: Word in s. 24(3A) substituted (1.1.2026) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 19(3)(b); S.I. 2025/1049, reg. 3(v)

Duty to prevent access to seriously harmful extrinsic material

The S4C digital service.

Restrictions on holding of licences under Part II.

Local radio multiplex licences.

Variation of radio multiplex licences: frequency or licensed area

Multiplex revenue to be taken into account in connection with funding of Channel Four Television Corporation.

Enforcement of licences to provide non-domestic satellite services.

Listed events.

104ZA

• (1) OFCOM may make regulations for determining for the purposes of this Part—

• (a) the circumstances in which the coverage of listed events generally, or of a particular listed event, is or is not to be treated as live coverage;

• (aa) what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate live coverage for the purposes of section 101(4)(c);

• (b) what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate alternative coverage for the purposes of section 101(6)(c); and

• (c) the requirements that must be satisfied for the purposes of section 101(6)(d) by persons who have acquired rights to provide adequate alternative coverage.

• (2) The power conferred by subsection (1)(a) does not include power to define “live coverage” for the purposes of section 101B.

• (2A) Regulations made by virtue of subsection (1)(aa) may, in particular—

• (a) describe what represents the provision of adequate live coverage by reference to—

• (i) the duration of the live coverage (whether expressed as a percentage of the duration of the proceedings or otherwise),

• (ii) the numbers of relevant services of particular descriptions in which the live coverage is included (subject to section 101(4)(d)), or

• (iii) a combination of those matters;

• (b) provide for live coverage not to be taken into account if the provider of the service is unable to select what parts of the proceedings are covered.

• (2B) When making regulations by virtue of subsection (1)(aa), OFCOM must have regard to—

• (a) the forms of live coverage that OFCOM consider are likely to satisfy the interest of members of the public in the United Kingdom or an area of the United Kingdom in listed events of the sort to which section 101(4)(c) relates;

• (b) the desirability of facilitating the making of arrangements under which rights to include live coverage of sporting events that involve different sports are acquired by providers of relevant services in both of the categories of relevant service set out in section 98(1).

• (3) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to the power of OFCOM to make regulations under this section.

Interpretation of Part IV and supplementary provisions.

Designated events in relation to EEA States or other CTT States.

54A

• (1) OFCOM may, if the requirements of subsections (3) to (5) are met, vary a national radio multiplex licence by extending the area in which the licensed service is required to be available.

• (2) OFCOM may, if the requirements of subsections (3) to (6) are met, vary a local radio multiplex licence by—

• (a) varying the frequency on which the licensed service is required to be provided,

• (b) reducing the area or locality in which the licensed service is required to be available, or

• (c) extending that area or locality to include an adjoining area or locality.

• (3) OFCOM must have received an application for the variation from the licence holder.

• (4) The application must include a technical plan relating to the service proposed to be provided under the licence indicating, in particular—

• (a) the area or locality which would be within the coverage area of the service,

• (b) the timetable in accordance with which that coverage would be achieved, and

• (c) the technical means by which it would be achieved.

• (5) Before deciding whether to grant the application, OFCOM must publish a notice specifying—

• (a) the proposed variation of the licence, and

• (b) a period in which representations may be made to OFCOM about the proposal.

• (6) In the case of a local radio multiplex licence, OFCOM may vary the licence in accordance with the application only if they are satisfied that the coverage area of the licensed service would not (as a result of the variation) be unacceptably reduced.

Public service fund of Sianel Pedwar Cymru.

58A

• (1) The Secretary of State may by regulations—

• (a) amend section 58, and

• (b) make further provision about the renewal of radio multiplex licences.

• (2) The regulations may, in particular, make provision about—

• (a) the circumstances in which OFCOM may renew a radio multiplex licence,

• (b) the period for which a licence may be renewed,

• (c) the information that OFCOM may require an applicant for renewal of a licence to provide,

• (d) the requirements that must be met by such an applicant,

• (e) the grounds on which OFCOM may refuse an application for renewal of a licence,

• (f) payments to be made in respect of a licence following its renewal, and

• (g) further conditions to be included in a licence following its renewal.

• (3) The regulations may, in particular, amend or modify this Part of this Act.

• (4) A statutory instrument containing the regulations may not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.

• (5) The power to make regulations under this section may not be exercised after 31 December 2015 (but this does not affect the continuation in force of any regulations made under this section before that date).

Public service fund of Sianel Pedwar Cymru.

Contract for exclusive right to televise coverage of listed event to be void.

Reports on action taken voluntarily in response to findings on complaints.

58ZA

• (1) The holder of a local radio multiplex licence may apply to OFCOM for a renewal of that licence if that person has completed the works necessary to ensure that, as a minimum, coverage of the multiplex service in the area or locality in which the licence is granted complies with the coverage plan for that area or locality.

• (2) A licence renewed under this section is to expire on 31st December 2030.

• (3) An application for a renewal of a licence must be made not later than the day falling three months before the relevant date.

• (4) At any time before determining the application, OFCOM may require the applicant to provide a technical plan supplementing those (if any) submitted under sections 50(4)(b) and 58(4)(a)(i).

• (5) Where an application has been duly made under this section, OFCOM may refuse the application only if—

• (a) it appears to them that the applicant has failed to comply with any of the conditions included in the licence, or

• (b) they are not satisfied that the applicant would, if the licence were renewed, provide a service complying with the conditions to be included in the licence as renewed.

• (6) Where OFCOM have granted a person’s application they must formally renew the person’s licence from the date on which the application is granted.

• (7) Where a licence is renewed under this section, the licence as renewed must include—

• (a) a condition that the holder of the licence must, for the duration of the licence, maintain, as a minimum, the coverage of the multiplex service in the area or locality concerned at the level attained at the time the application for renewal of the licence was made;

• (b) such further conditions as appear to OFCOM to be appropriate for securing the implementation of any supplementary technical plan submitted under subsection (4).

• (8) In this section—

• “coverage plan”, in relation to an area or locality in which a local radio multiplex licence is granted, means a plan produced by OFCOM which sets out the coverage on local Digital Audio Broadcasting which OFCOM have assessed is broadly equivalent to relevant existing FM local commercial radio coverage in that area or locality

• “the relevant date” shall be determined in accordance with section 58.

• (9) Nothing in this section prevents the holder of a local radio multiplex licence from applying for a new licence on one or more occasions in pursuance of a notice under section 50(2).

24A

• (1) In carrying out their functions, OFCOM must do all that they consider appropriate to prevent digital additional services from enabling members of the public to access seriously harmful extrinsic material.

• (2) “Seriously harmful extrinsic material”, in relation to a digital additional service, means material that—

• (a) is not included in the service, and

• (b) appears to OFCOM—

• (i) to have the potential to cause serious harm, or

• (ii) to be likely to encourage or incite the commission of crime or lead to disorder.

Provision of information.

2A

Section 3 (licences under Part 1) has effect as if in subsection (5), after “section 17(1)(b)”, there were inserted “or section 23(1)(b)”.

Ancillary services.

104B

• (1) This section applies if—

• (a) OFCOM have given an information notice under section 104A(2) to a person within section 104A(5), and

• (b) OFCOM have determined, after giving the person an opportunity to make representations, that there are reasonable grounds for believing that there was, or is, a failure by the person to comply with the information notice.

• (2) OFCOM may give the person a notice (a “penalty notice”) requiring the person to pay OFCOM a penalty of an amount specified in the notice.

• (3) The penalty may include an amount for each day on which the person fails to comply with the information notice.

• (4) The amount of the penalty under subsection (2) is to be such amount, not exceeding £250,000, as OFCOM determine to be—

• (a) appropriate; and

• (b) proportionate to the failure to comply in respect of which it is imposed.

• (5) If the penalty notice is given in relation to a continuing failure to comply with the information notice, the penalty notice may also require the person to pay OFCOM a penalty of an amount specified in the penalty notice in respect of each day after the giving of the penalty notice on which the failure continues.

• (6) The amount of a penalty under subsection (5) is to be such amount, not exceeding £500 per day, as OFCOM determine to be—

• (a) appropriate; and

• (b) proportionate to the failure to comply in respect of which it is imposed.

• (7) A penalty notice must—

• (a) fix a reasonable period after it is given as the period within which a penalty under subsection (2) is to be paid;

• (b) where penalties under subsection (5) are imposed, fix a reasonable period as the period within which such a penalty is to be paid.

• (8) A financial penalty imposed under this section must be paid to OFCOM within the period fixed by them.

• (9) Where OFCOM receive an amount payable to them by virtue of subsection (8), that amount is to be paid into the Consolidated Fund.

• (10) An amount payable by a person to OFCOM by virtue of subsection (8) is recoverable by OFCOM as a debt due to OFCOM from that person.