Broadcasting Act 1996

(61A) (1) The Welsh Authority shall not exercise their powers under section 57(1A)(b) before such date (in this section referred to as “the notified date”) as they may notify to the Secretary of State for the purposes of this section. (2) All amounts received by the Welsh Authority under section 61 on or after the notified date shall be kept by the Authority in a separate fund (in this section referred to as “the public service fund”) which may be applied only for the purposes of their functions under section 57(1) or (1A)(a). (3) No S4C company shall receive any direct or indirect subsidy from the public service fund. (4) The Welsh Authority shall secure that no television programme which has been wholly or partly financed out of the public service fund is included in a television programme service provided by an S4C company before it is first broadcast on S4C or in the service referred to in section 57(1A)(a). (5) On the notified date— (a) all the assets then held by the Welsh Authority other than cash, together with the appropriate proportion of any cash then held by them, shall be taken to be comprised in the public service fund, and (b) the remainder of any cash then held by the Authority shall be taken to be comprised in a general fund. (6) In subsection (5)(a) “the appropriate proportion” means the proportion which, in the last financial year in respect of which a statement of accounts has been prepared under paragraph 12(1) of Schedule 6 before the notified date, the total amount received by the Welsh Authority under section 61 bears to the total amount of its income from all sources.

• (2) In paragraph 12 of Schedule 6 of the 1990 Act (accounts and audit) after sub-paragraph (1) there is inserted—

(1A) The statement of accounts must deal separately with the public service fund referred to in section 61A of this Act and with the general fund referred to in subsection (5)(b) of that section.

.

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

82

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Application of excess revenues of Channel Four Television Corporation

83

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Extension of powers of Channel Four Television Corporation and Sianel Pedwar Cymru

84

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Miscellaneous amendments relating to television broadcasting

Restricted television services

85

After section 42 of the 1990 Act there is inserted—

(42A) In this Part “restricted service” means a service which— (a) consists in the broadcasting of television programmes for a particular establishment or other defined location, or a particular event, in the United Kingdom, and (b) is provided on a frequency or frequencies assigned to the Commission under section 65. (42B) (1) An application for a licence to provide a restricted service shall be made in such manner as the Commission may determine, and shall be accompanied by such fee (if any) as the Commission may determine. (2) Subject to subsections (3) and (4), sections 40 to 42 shall apply in relation to such a licence as they apply in relation to a licence to provide a Channel 3 service. (3) In its application to a licence to provide a restricted service, section 41 shall have effect with the omission of subsection (2); and the maximum amount which the holder of such a licence may be required to pay by way of a financial penalty imposed in pursuance of subsection (1)(a) of that section shall not exceed whichever is the greater of— (a) £50,000, and (b) the amount determined under subsection (4). (4) The amount referred to in subsection (3)(b) is— (a) in a case where a penalty under section 41(1)(a) has not previously been imposed on the holder of the licence during any period for which his licence has been in force (“the relevant period”), 3 per cent. of the qualifying revenue for his last complete accounting period (as determined in accordance with section 19(2) to (6)); and (b) in any other case, 5 per cent. of the qualifying revenue for that accounting period (as so determined); and in relation to a person whose first complete accounting period falling within the relevant period has not yet ended, paragraphs (a) and (b) above shall be construed as referring to 3, or (as the case may be) 5, per cent. of the amount which the Commission estimate to be the qualifying revenue for that accounting period (as so determined).

Award of certain licences subject to conditions

86

• (1) After section 17 of the 1990 Act there is inserted—

(17A) (1) The Commission may, when awarding a Channel 3 licence to any person, make the grant of the licence to him conditional on his compliance before the grant with such specified requirements relating to the financing of the service as appear to them to be appropriate, having regard to— (a) any duties which are or may be imposed on them, or on the licence holder, by or under this Act, and (b) any information provided to them under section 15(3)(g) by the person to whom the licence is awarded as to his projected financial position during the period for which the licence would be in force. (2) Where the Commission determine that any condition imposed by them in relation to a Channel 3 licence in pursuance of subsection (1) has not been satisfied, section 17 shall (subject to subsection (3)) have effect as if the person to whom the licence was awarded had not made an application for it. (3) Section 17 shall not so have effect if the Commission decide that it would be desirable to publish a fresh notice under section 15(1) in respect of the grant of the licence.

• (2) In section 51 of the 1990 Act (procedure to be followed by Commission in connection with consideration of applications for, and awarding of, licences to provide additional services), in subsection (3)—

• (a) for “section 17” there is substituted “ sections 17 and 17A ”, and

• (b) for “it applies” there is substituted “ they apply ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Ancillary services

87

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of licences to provide non-domestic satellite services

88

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Independent Television Commission to suspend licence to provide non-domestic satellite service

89

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Enforcement of licences to provide licensable programme services

90

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Certain delivery services to carry certain broadcasts

91

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Sound broadcasting

Renewal of licences to provide national radio services

92

After section 103 of the 1990 Act there is inserted—

(103A) (1) A national licence may (subject to the following provisions of this section) be renewed on one occasion for a period of eight years beginning with the date of renewal. (2) An application for the renewal of a national licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than the relevant date. (3) Where any such application is made before the relevant date— (a) if no simulcast radio service provided by the applicant is being broadcast in digital form when the application is made, the Authority shall postpone the consideration of the application until the relevant date or, if earlier, the date on which the broadcasting of such a service in that form begins, and (b) in any other case, the Authority may postpone the consideration of the application for so long as they think appropriate having regard to subsection (8). (4) Where an application for the renewal of a national licence has been duly made to the Authority, they shall (subject to subsection (5)) grant the application if, but only if— (a) the Authority are satisfied that the applicant would, if his licence were renewed, provide a national service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section), (b) the applicant has given notice to the Authority under section 41(2)(a) of the Broadcasting Act 1996 of his intention to provide a service for broadcasting in digital form, and (c) a simulcast radio service provided by the applicant is being broadcast in digital form or the Authority are satisfied that by the relevant date the applicant has done all that it would in the circumstances be reasonable to expect him to do by that date to procure the broadcasting of such a service within such time as the Authority consider reasonable. (5) Section 100(4) to (6) shall apply in relation to an applicant for the renewal of a national licence as those provisions apply in relation to such an applicant as is mentioned in section 100(4), but as if any reference to the awarding of such a licence to the applicant were a reference to the renewal of the applicant’s licence under this section. (6) On the grant of any application under this section the Authority— (a) may, in a case where a simulcast radio service provided by the applicant is not yet being broadcast in digital form on the relevant date, determine a date by which the broadcasting of such a service in that form must begin; (b) shall determine an amount which is to be payable to the Authority by the applicant in respect of the first complete calendar year falling within the period for which the licence is to be renewed; and (c) may specify a different percentage from that specified under section 98(1)(d)(ii) as the percentage of qualifying revenue for each accounting period of his that will be payable by the applicant in pursuance of section 102(1)(c) during the period for which the licence is to be renewed. (7) The amount determined by the Authority under subsection (6)(b) in connection with the renewal of a licence shall be such amount as would, in their opinion, be payable to them by virtue of section 102(1)(a) if they were granting a fresh licence to provide the national service in question. (8) Where the Authority have granted a person’s application under this section they shall formally renew his licence not later than the relevant date or, if that is not reasonably practicable (whether because subsection (3)(a) precluded the consideration of the application before that date or for any other reason), as soon after that date as is reasonably practicable; and they shall not so renew his licence unless they have notified him of— (a) any date determined by them under subsection (6)(a), (b) the amount determined by them under subsection (6)(b), and (c) any percentage specified by them under subsection (6)(c), and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms. (9) Where a national licence has been renewed under this section— (a) any conditions included in it in pursuance of section 102 shall have effect during the period for which the licence has been renewed— (i) as if the amount determined by the Authority under subsection (6)(b) were an amount specified in a cash bid submitted by the licence holder, and (ii) subject to any determination made under subsection (6)(c); (b) (subject to paragraph (a)) that section shall have effect in relation to the period for which the licence has been renewed as it has effect in relation to the period for which a national licence is originally in force; (c) where the Authority have determined a date under subsection (6)(a), they shall include in the licence as renewed a condition requiring a simulcast radio service to be broadcast in digital form throughout the period beginning with the date determined under subsection (6)(a) and ending with the date on which the licence (as renewed) is to expire; and (d) the reference in section 111(4) to the end of the period for which a national licence is to continue in force shall, in relation to the licence, be construed as a reference to the end of the period for which it has been renewed. (10) Subsections (6)(a) and (9)(c) do not prejudice the generality of section 48(3)(b) of the Broadcasting Act 1996 (power to vary national licence to include conditions relating to digital broadcasting). (11) In this section— - “simulcast radio service” has the same meaning as in Part II of the Broadcasting Act 1996; - “the relevant date”, in relation to a national licence, means the date which the Authority determine to be that by which they would need to publish a notice under section 98(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the national service formerly provided under that licence.

Variation of local radio licence following change of control

93

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Renewal of licences to provide local radio services

94

• (1) After section 104 of the 1990 Act there is inserted—

(104A) (1) A local licence may (subject to the following provisions of this section) be renewed on one occasion for a period of eight years beginning with the date of renewal. (2) No application for the renewal of a local licence under subsection (1) may be made before the Authority first publish a notice pursuant to section 50(2) of the Broadcasting Act 1996 inviting applications for a licence to provide a relevant local radio multiplex service. (3) Subject to subsection (2), an application for the renewal of a local licence under subsection (1) may be made by the licence holder not earlier than three years before the date on which it would otherwise cease to be in force and not later than the relevant date. (4) The applicant must, in his application or at any time before the consideration of his application, nominate— (a) a local digital sound programme service provided or to be provided by him, and (b) a relevant local radio multiplex service, but may not nominate together a local digital sound programme service and a local radio multiplex service if another local licence held by him includes a condition in pursuance of subsection (12) relating to the broadcasting of that local digital sound programme service by that local radio multiplex service. (5) Where an application for the renewal of a local licence has been duly made to the Authority, they shall grant the application if— (a) they are satisfied that the applicant would, if his licence were renewed, provide a local service which complied with the conditions included in the licence in pursuance of section 106 (whether as originally imposed or as varied under that section), and (b) the nominated local digital sound programme service provided by the applicant is being broadcast by means of the nominated local radio multiplex service. (6) Where the condition specified in subsection (5)(a) is satisfied, the Authority may grant the application even though the condition specified in subsection (5)(b) is not satisfied if— (a) the applicant holds a licence to provide local digital sound programme services, (b) a licence to provide the nominated local radio multiplex service has been awarded, and (c) it appears to the Authority that, under a contract between the applicant and the person to whom that licence has been awarded, the applicant is obliged to provide the nominated local digital sound programme service for broadcasting by means of the nominated local radio multiplex service. (7) The Authority may in any case postpone consideration of the application until the relevant date. (8) If, at the relevant date, the condition specified in subsection (5)(b) is not satisfied, and any of the conditions specified in subsection (6) is not satisfied, the Authority may postpone consideration of the application for such period not exceeding twelve months as they think appropriate. (9) Where the Authority postpone consideration of an application under this section for any period beyond the relevant date (the “postponement period”), they shall extend the period for which the licence is in force by a period equal to the postponement period; and section 86(3) shall not limit the powers of the Authority under this subsection. (10) On the grant of any application under this section the Authority shall— (a) where the nominated local digital sound programme service provided by the applicant is not being broadcast by means of the nominated local radio multiplex service, determine a date by which that service must have begun to be so broadcast; and (b) specify a fee payable to the Authority in respect of the renewal. (11) Where the Authority have granted a person’s application under this section they shall formally renew his licence as soon afterwards as is reasonably practicable; and they shall not so renew his licence unless they have notified him of— (a) any date determined by them under subsection (10)(a), and (b) the renewal fee specified by them under subsection (10)(b), and he has, within such period as is specified in that notification, notified them that he consents to the licence being renewed on those terms. (12) Where the Authority renew a licence under this section they shall include in the licence as renewed a condition requiring the licence holder to do all that he can to ensure that the nominated local digital sound programme service is broadcast by means of the nominated local radio multiplex service throughout the period beginning with whichever is the later of— (a) the date on which the licence would expire if not renewed, and (b) any date determined by them under subsection (10)(a), and ending with the date on which the licence (as renewed) is to expire. (13) In this section— (a) “local digital sound programme service” has the same meaning as in Part II of the Broadcasting Act 1996; (b) “nominated” means nominated by the applicant under subsection (4); (c) “relevant date”, in relation to a local licence, means the date which the Authority determine to be that by which they would need to publish a notice under section 104(1) if they were to grant, as from the date on which that licence would expire if not renewed, a fresh licence to provide the local service formerly provided under that licence; and (d) “relevant local radio multiplex service”, in relation to a local licence, means a local radio multiplex service (within the meaning of Part II of the Broadcasting Act 1996) with a coverage area which to a significant extent includes the coverage area of the local service provided under the local licence; and for this purpose “coverage area”, in relation to a service, has the meaning given by paragraph 3A of Part I of Schedule 2. (104B) (1) Where— (a) a local licence is due to expire (otherwise than by virtue of section 110), (b) the local service provided under the licence falls within category B, C or D of the Table in paragraph 9 of Part III of Schedule 2, and (c) the Authority propose to grant a further licence to provide the service in question, the Authority may if they think fit publish a notice under subsection (2) instead of a notice under section 104(1). (2) A notice under this subsection is a notice— (a) stating that the Authority propose to grant a further licence to provide a specified local service, (b) specifying the area or locality in the United Kingdom for which the service is to be provided, (c) inviting declarations of intent to apply for a licence to provide the service, (d) specifying the closing date for such declarations, and (e) specifying— (i) the application fee payable on any declaration made in pursuance of the notice, and (ii) a deposit of such amount as the Authority may think fit. (3) A declaration of intent made in pursuance of a notice under subsection (2) must be in writing and accompanied by the application fee and deposit specified under subsection (2)(e)(i) and (ii). (4) Where the Authority receive a declaration of intent in accordance with the provisions of this section from a person other than the licence holder in relation to the service in question, they shall— (a) publish a notice under section 104(1), (b) specify— (i) in relation to persons who have made a declaration of intent in accordance with the provisions of this section, no further application fee, and (ii) in relation to all other applicants, an application fee of the same amount as the fee referred to in subsection (2)(e)(i), and (c) repay the deposit referred to in subsection (2)(e)(ii) to every person— (i) who has made a declaration of intent in accordance with the provisions of this section, and (ii) who duly submits an application in pursuance of the notice referred to in paragraph (a). (5) Where the Authority receive a declaration of intent in accordance with the provisions of this section from the licence holder in relation to the service in question, and no such declaration from any other person, they shall— (a) invite the licence holder to apply for the licence in such manner as they may determine (but without requiring any further application fee), and (b) on receiving an application duly made by him, repay to him the deposit referred to in subsection (2)(e)(ii). (6) The Secretary of State may by order amend subsection (1) by removing any of the categories of local service for the time being specified in that subsection, or by substituting for any of such categories any one or more categories of local service set out in the Table in paragraph 9 of Part III of Schedule 2. (7) Any order under subsection (6) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (2) In section 104 of the 1990 Act (applications for licences other than national licences), subsections (5) and (6)(a) shall cease to have effect.

Financing of Gaelic sound programmes

95

• (1) Section 183 of the 1990 Act (financing of television programmes in Gaelic out of Gaelic Television Fund) is amended as mentioned in subsections (2) to (6).

• (2) In subsection (2), for “Gaelic Television Fund” there is substituted “ Gaelic Broadcasting Fund ”.

• (3) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Power of Radio Authority to suspend licence to provide satellite service

96

After section 111A of the 1990 Act there is inserted—

(111B) (1) If the Authority are satisfied— (a) that the holder of a licence to provide a satellite service has included in the service one or more programmes containing material likely to encourage or incite to crime or to lead to disorder, (b) that he has thereby failed to comply with the condition included in the licence in pursuance of section 90(1)(a), and (c) that the failure is such as to justify the revocation of the licence, they shall serve on the holder of the licence a notice under subsection (2). (2) A notice under this subsection is a notice— (a) stating that the Authority are satisfied as mentioned in subsection (1), (b) specifying the respects in which, in their opinion, the licence holder has failed to comply with the condition mentioned in paragraph (b) of that subsection, (c) stating that the Authority may revoke his licence after the end of the period of twenty-one days beginning with the date on which the notice is served on the licence holder, (d) informing the licence holder of his right to make representations to the Authority within that period about the matters complained of, and (e) suspending the licence as from the time when the notice is served on the licence holder until the revocation takes effect or the Authority decide not to revoke the licence. (3) If the Authority, having considered any representations about the matters complained of made to them within the period referred to in subsection (2)(c) by the licence holder, are satisfied that it is necessary in the public interest to revoke the licence in question, they shall serve on the licence holder a notice revoking the licence. (4) A notice under subsection (3) shall not take effect until the end of the period of twenty-eight days beginning with the day on which that notice was served on the licence holder. (5) Section 111 shall not have effect in relation to the revocation of a licence in pursuance of a notice under subsection (1).

Part IV — Sporting and other events of national interest

Listed events

97

• (1) For the purposes of this Part, a listed event is a sporting or other event of national interest which is for the time being included in a list drawn up by the Secretary of State for the purposes of this Part.

• (2) The Secretary of State shall not at any time draw up, revise or cease to maintain such a list as is mentioned in subsection (1) unless he has first consulted—

• (a) the BBC,

• (b) S4C,

• (c) the Commission, and

• (d) in relation to a relevant event, the person from whom the rights to televise that event may be acquired;

and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.

• (3) As soon as he has drawn up or revised such a list as is mentioned in subsection (1), the Secretary of State shall publish the list in such manner as he considers appropriate for bringing it to the attention of—

• (a) the persons mentioned in subsection (2), and

• (b) every person who is the holder of a licence granted ... under Part I of the 1990 Act or a digital programme licence granted ... under Part I of this Act , and

• (c) such other persons as the Secretary of State considers appropriate.

• (4) In this section “national interest” includes interest within England, Scotland, Wales or Northern Ireland.

• (5) The addition of any relevant event to such a list as is mentioned in subsection (1) shall not affect—

• (a) the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection (2) in relation to the proposed addition, or

• (b) the exercise of any rights acquired under such a contract.

• (6) The list drawn up by the Secretary of State for the purposes of section 182 of the 1990 Act, as that list is in force immediately before the commencement of this section, shall be taken to have been drawn up for the purposes of this Part.

Categories of service

98

• (1) For the purposes of this Part, television programme services ... shall be divided into two categories as follows—

• (a) those television programme services and ... which for the time being satisfy the qualifying conditions, and

• (b) all other television programme services ....

For the purposes of this Part, relevant services are divided into two categories as follows—

• (a) those relevant services which for the time being fall within subsection (1A) or (2A), and

• (b) all other relevant services.

• (1A) A television programme service falls within this subsection if it is—

• (a) a service provided by the BBC or a BBC company otherwise than with a view to generating a profit,

• (b) a Channel 3 service, Channel 4 or Channel 5,

• (c) S4C Digital, or

• (d) a service, other than a Channel 3 service, Channel 4, Channel 5 or S4C Digital, which is provided by the provider of one of those services or by a Channel 4 company, S4C company or body corporate controlled by the provider of a Channel 3 service or Channel 5,

and it satisfies the conditions in subsection (2).

• (2) In this section “the qualifying conditions”, in relation to a service, means the conditions—

• (a) that the service is provided without any consideration being required for reception of the service, and

• (b) that the service is received by at least 95 per cent. of the population of the United Kingdom.

The conditions in this subsection are—

• (a) that the television programme service may be received free of charge;

• (b) that, in the case of a service described in subsection (1A)(d), the provider’s latest statement of programme policy under—

• (i) section 266 or 267 of the Communications Act 2003, or

• (ii) paragraph 4 of Schedule 12 to that Act,

states that the service will be used to fulfil the public service remit for the Channel 3 service, Channel 4 or Channel 5 or (as the case may be) S4C’s public service remit.

• (2A) A relevant service falls within this subsection if—

• (a) it is or forms part of a designated internet programme service,

• (b) where it is a service that forms part of a designated internet programme service, it satisfies the conditions in subsection (2B), and

• (c) it and the programmes included in it may be accessed free of charge.

• (2B) The conditions are—

• (a) that the relevant service is provided by—

• (i) the BBC or a person associated with the BBC otherwise than with a view to generating a profit,

• (ii) the provider of a Channel 3 service, Channel 4 or Channel 5,

• (iii) S4C, or

• (iv) a person associated with a broadcaster mentioned in sub-paragraph (ii) or (iii);

• (b) that, where it is provided by the BBC or a person associated with the BBC, the service contributes to the promotion of one or more of the BBC’s public purposes;

• (c) that, where it is provided by a broadcaster referred to in paragraph (a)(ii) or (iii) or a person associated with such a broadcaster, the broadcaster’s latest statement of programme policy under—

• (i) section 266 or 267 of the Communications Act 2003, or

• (ii) paragraph 4 of Schedule 12 to that Act,

states that the service will be used to fulfil the public service remit for the Channel 3 service, Channel 4 or Channel 5 or (as the case may be) S4C’s public service remit.

• (2C) Where a relevant service would satisfy the conditions in subsection (2A) but for access to some of the programmes included in the service not being free of charge—

• (a) so much of the service as includes programmes that may be accessed free of charge, and

• (b) the remainder of the service,

are to be regarded as separate relevant services for the purposes of this Part.

• (2D) Section 362AZ12 (6) of the Communications Act 2003 (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (2B) as it applies for the purposes of Part 3A of that Act.

• (3) There shall be disregarded for the purposes of subsection (2)(a) , (2A) or (2C) any fee payable in respect of a licence for the purposes of section 363 of the Communications Act 2003.

• (4) The condition in subsection (2)(b)

• (a) is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and

• (b) is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.

• (5) OFCOM shall from time to time publish a list of the television programme services ... which appear to them to satisfy the qualifying conditions relevant services which appear to them to fall within subsection (1A) or (2A).

• (5A) The Secretary of State may, by regulations made by statutory instrument, amend the percentage figure specified for the time being in subsection (2)(b).

• (5B) An amendment made by regulations under this section does not affect—

• (a) the validity of any contract entered into before the regulations came into force, or

• (b) the exercise of any rights acquired under such a contract.

• (5C) Regulations under subsection (5A) may make transitional, transitory or saving provision.

• (5D) A statutory instrument containing regulations under subsection (5A) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

• (6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (7) In this Part, “relevant service” means—

• (a) a television programme service;

• (b) an on-demand programme service;

• (c) a non-UK on-demand programme service;

• (d) a service, or a dissociable section of a service, which has the following characteristics—

• (i) its principal purpose is the provision of programmes;

• (ii) the programmes it provides are accessed by means of the internet;

• (iii) there is a person who has general control over what programmes are included in the service or the dissociable section of the service (see subsection (8));

• (iv) it is made available by that person for use by members of the public;

• (v) the members of the public who use the service, or the dissociable section of the service, are or include members of the public in the United Kingdom;

• (vi) it is not a television programme service, on-demand programme service or non-UK on-demand programme service;

• (vii) it is not a service of the kind described in section 362AA(10)(c) of the Communications Act 2003 (internet programme services which provide programmes by means of an on-demand programme service or non-UK on-demand programme service and at least one other service).

• (8) The person by reference to whom the requirement in subsection (7)(d)(iii) is satisfied need not have control of the contents of individual programmes or of the distribution of the service.

• (9) In this section, “programme” means such programme as is described in section 368ZA of the Communications Act 2003.

Contract for exclusive right to televise listed event to be void

99

• (1) Any contract entered into after the commencement of this section under which a television programme provider acquires rights to televise the whole or any part of a listed event live for reception in the United Kingdom, or in any area of the United Kingdom, shall be void so far as it purports, in relation to the whole or any part of the event or in relation to reception in the United Kingdom or any area of the United Kingdom, to grant those rights exclusively to any one television programme provider.

Any contract entered into on or after the day on which section 21 of the Media Act 2024 comes into force which grants rights to include in a relevant service live coverage of the whole or any part of a Group A event for reception in, or in order to be accessed by members of the public in, the United Kingdom or any area of the United Kingdom is void so far as it purports—

• (a) in relation to the whole or any part of the event, or

• (b) in relation to reception, or access by means of the internet, in the United Kingdom or any part of the United Kingdom,

to grant those rights exclusively.

• (2) In this Part “television programme provider” means the BBC, S4C or any person who is the holder of any licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act.

• (3) For the purposes of this section rights to televise the whole or any part of an event live for reception in any area granted to a television programme provider are granted exclusively if the person granting them—

• (a) has not granted any right to televise the whole or, as the case may be, that part of the event live for reception in that area to any other television programme provider , to any CTT broadcaster or on an exempt Irish service, and

• (b) is precluded by the terms of the contract from doing so.

For the purposes of this section, rights for a relevant service (“the first service”) to include live coverage of all or part of a Group A event in that service for reception in, or in order to be accessed by members of the public in, the United Kingdom or any area of the United Kingdom are granted exclusively if the person granting them—

• (a) has not granted such rights to include live coverage of the whole or, as the case may be, that part of the event in one or more other relevant services as are sufficient to authorise, in accordance with section 101(2) or (3) or, as the case may be, section 101(4), the inclusion in the first service of the live coverage in question, and

• (b) is precluded by the terms of the contract from doing so.

• (4) In subsection (3)—

• “CTT broadcaster” means a person who for the purposes of the European Convention on Transfrontier Television is within the jurisdiction of a State, other than the United Kingdom, which is for the time being a party to the Convention”;

• “exempt Irish service” means a service specified in section 211B(1)(b) of the Communications Act 2003.

Contract for televising listed event must specify category of service

100

• (1) Any contract entered into after the commencement of this section shall be void so far as it purports to grant to a television programme provider rights to televise the whole or any part of a listed event live for reception in the United Kingdom, or any area of the United Kingdom, unless the contract complies with subsection (2).

Any contract entered into on or after the day on which section 21 of the Media Act 2024 comes into force is void so far as it purports to grant rights to include live coverage of the whole or any part of a listed event in a relevant service for reception in, or in order to be accessed by members of the public in, the United Kingdom, or any area of the United Kingdom, unless the contract complies with subsection (2).

• (2) A contract complies with this subsection if the terms of the contract allow the television programme provider the provider of the relevant service to include the live coverage of the listed event—

• (a) only in a television programme service relevant service falling within paragraph (a) of subsection (1) of section 98, or

• (b) only in a television programme service relevant service falling within paragraph (b) of that subsection.

Restriction on televising of listed event

101

• (1) A television programme provider providing a service falling within either of the categories set out in subsection (1) of section 98 (“the first service”) for reception in the United Kingdom or in any area of the United Kingdom shall not, without the previous consent of OFCOM, include in that service live coverage of the whole or any part of a listed event unless—

• (a) another person, who is providing a service falling within the other category set out in that subsection (“the second service”), has acquired the right to include in the second service live coverage of the whole of the event or of that part of the event, and

• (b) the area for which the second service is provided consists of or includes the whole, or substantially the whole, of the area for which the first service is provided.

• (2) OFCOM may revoke any consent given by them under subsection (1).

• (3) Failure to comply with subsection (1) shall not affect the validity of any contract.

• (4) Subsection (1) shall not have effect where the television programme provider providing the first service is exercising rights acquired before the commencement of this section.

Power of Commission to impose penalty

102

• (A1) If OFCOM—

• (a) are satisfied that a person other than the BBC or S4C who is the provider of a relevant service has failed to comply with section 101(1), and

• (b) are not satisfied that in all the circumstances it would be unreasonable to have expected the person to have complied with that provision,

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.

• (B1) If OFCOM are satisfied that, in connection with an application for consent for the purposes of section 101(5), a person other than the BBC or S4C who is the provider of a relevant service has—

• (a) provided them with information which was false in a material particular, or

• (b) withheld any material information with the intention of causing OFCOM to be misled,

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.

• (1) If OFCOM—

• (a) are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection (1) of section 101 or subsection (1) or (1A) of section 101B, and

• (b) are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection,

they may require him to pay, within a specified period, a specified financial penalty to OFCOM.

• (2) If OFCOM are satisfied that, in connection with an application for consent under subsection (1) of section 101 or for the purposes of subsection (1) or (1A) of section 101B, the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has—

• (a) provided them with information which was false in a material particular, or

• (b) withheld any material information with the intention of causing OFCOM to be misled,

they may require him to pay, within a specified period, a specified financial penalty to OFCOM.

• (2A) Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with subsection (1) or (1A) of section 101B, OFCOM shall consult such persons (who may include competent authorities in EEA States or qualifying CTT States) as appear to OFCOM to be appropriate.

• (3) The amount of any financial penalty imposed on any person under subsection (A1), (B1), (1) or (2) shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier.

• (4) In subsection (3)—

• (a) “the relevant consideration” means —

• (i) in relation to a financial penalty imposed under subsection (A1) or (B1), an amount determined by OFCOM to be the value of the rights to include coverage of the event in question in the relevant service at the time when the rights are acquired, and

• (ii) in relation to a financial penalty imposed under subsection (1) or (2),

an amount determined by OFCOM as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question, and

• (b) “the prescribed multiplier” means such number as the Secretary of State may from time to time by order prescribe.

• (5) An order under subsection (4)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

• (6) Where OFCOM receive any amount payable to them by virtue of subsection (A1), (B1), (1) or (2), that amount shall not form part of the revenues of OFCOM but shall be paid into the Consolidated Fund.

• (7) Any amount payable by any person to OFCOM by virtue of subsection (A1), (B1), (1) or (2) shall be recoverable by them as a debt due to them from that person.

Report to Secretary of State

103

• (1) If OFCOM —

• (a) are satisfied that a broadcasting body has failed to comply with subsection (1) of section 101 or subsection (1) or (1A) of section 101B, and

• (b) are not satisfied that in all the circumstances it would be unreasonable to expect the body to have complied with that subsection,

they shall make a report on the matter to the Secretary of State.

• (2) If OFCOM are satisfied that, in connection with an application for consent under subsection (1) of section 101 or subsection (1) or (1A) of section 101B, a broadcasting body has—

• (a) provided them with information which was false in a material particular, or

• (b) withheld any material information with the intention of causing OFCOM to be misled,

• (2A) Before reporting to the Secretary of State that a broadcasting body has failed to comply with subsection (1) or (1A) of section 101B, OFCOM shall consult such persons (who may include competent authorities in EEA States or qualifying CTT States) as appear to OFCOM to be appropriate.

• (3) In this section “broadcasting body” means the BBC or S4C.

Code of guidance

104

• (1) OFCOM shall draw up, and may from time to time revise, a code giving guidance—

• (a) as to the matters which they will take into account in determining whether to give or to revoke their consent for the purposes of section 101(5) or section 101B(1) or (1A); and

• (b) as to the matters which they will take into account in determining for the purposes of section 102(A1) or (1) or 103(1), whether in all the circumstances it is unreasonable to expect a person to comply with section 101(1) or section 101B(1) or (1A).

• (2) In exercising their powers under this Part, OFCOM shall have regard to the provisions of the code.

• (3) Before drawing up or revising the code OFCOM shall consult such persons as appear to OFCOM to be appropriate.

• (4) As soon as OFCOM have drawn up or revised such a code, OFCOM shall publish the code in such manner as they consider appropriate for bringing it to the attention of—

• (a) the BBC,

• (b) S4C,

• (c) every person from whom the rights to show a listed event may be acquired, and

• (d) such other persons as OFCOM consider appropriate.

Interpretation of Part IV and supplementary provisions

105

• (1) In this Part (unless the context otherwise requires)—

“adequate alternative coverage” and “live”” are to be construed in accordance with any regulations under section 104ZA;

“adequate alternative coverage”, “adequate live coverage” and “live coverage” are to be construed in accordance with regulations under section 104ZA (subject to section 104ZA(2));

“the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council of 10 March 2010 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services as it has effect in EU law from time to time;

“Channel 3 service” means a regional or national Channel 3 service;

“Channel 4” has and “Channel 5” have the same meaning as in Part I of the 1990 Act;

...

“designated event”—

• (a) in relation to an EEA State, has the meaning given by section 101A(1), and

• (b) in relation to a qualifying CTT State, has the meaning given by section 101A(2);

“designated internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AA(1) of that Act);

“EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;

“the European Convention on Transfrontier Television” means the Council of Europe Convention on Transfrontier Television which was opened for signature at Strasbourg on 5th May 1989, as amended by the Protocol which was opened for signature at Strasbourg on 1st October 1998;

“internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AA(10) of that Act);

“listed event” has the meaning given by section 97(1);

...

“national Channel 3 service” and “regional Channel 3 service” have the same meaning as in Part I of the 1990 Act;

“on-demand programme service” and “non-UK on-demand programme service” have the same meaning as in the Communications Act 2003 (see sections 368A and 368AA(1) of that Act);

“qualifying CTT State” has the meaning given by section 101A(3);

“relevant service” has the meaning given by section 98(7);

...

“S4C Digital” has the same meaning as in Part 1 of the 1990 Act (see section 71(1) of that Act);

“television broadcasting service” has the same meaning as in Part I of the 1990 Act;

“television programme provider” has the meaning given by section 99(2) means the BBC, S4C or any person who is the holder of any licence under Part 1 of the 1990 Act or a digital programme licence under Part 1 of this Act;

“television programme service” has the same meaning as in Part I of the 1990 Act.

• (1A) The services that are to be taken for the purposes of this Part to be available to members of the public include any service which—

• (a) is available for reception by members of the public (within the meaning of section 361 of the Communications Act 2003), or

• (b) is available for use by members of the public (within the meaning of section 368R(4) of the Communications Act 2003).

• (1B) In this Part—

• (a) a reference to the provision of a television programme service is to be read in accordance with section 362(2) and (3) of the Communications Act 2003;

• (b) a reference to the provision of an on-demand programme service or a non-UK on-demand programme service is to be read in accordance with section 368R(5) and (6) of the Communications Act 2003.

• (1C) In this Part, the person, and the only person, who is to be treated for the purposes of this Part as providing a relevant service of the kind described in section 98(7)(d) is the person who has such control of the service as is described in section 98(7)(d)(iii).

• (1D) For the purposes of this Part as it relates to relevant services of the kind described in section 98(7)(d)—

• (a) the provision of a service by the BBC does not include its provision by a BBC company;

• (b) the provision of a service by S4C does not include its provision by an S4C company;

and, accordingly, control that is capable of being exercised by the BBC or S4C over decisions by a BBC company or an S4C company about what is to be included in a service is to be disregarded for the purposes of determining who has such control of the service as is described in section 98(7)(d)(iii).

• (2) Section 182 of the 1990 Act (certain events not to be shown on pay-per-view terms) shall cease to have effect.

Part V — The Broadcasting Standards Commission

Establishment of Broadcasting Standards Commission

The Broadcasting Standards Commission

106

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Unjust or unfair treatment or unwarranted infringement of privacy

Preparation by BSC of code relating to avoidance of unjust or unfair treatment or interference with privacy

107

• (1) It shall be the duty of OFCOM to draw up, and from time to time review, a code giving guidance as to principles to be observed, and practices to be followed, in connection with the avoidance of—

• (a) unjust or unfair treatment in programmes to which subsection (5) applies, or

• (b) unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.

• (1A) OFCOM must also draw up, and from time to time review, a code giving guidance as to the principles to be observed, and practices to be followed, in connection with the avoidance of—

• (a) unjust or unfair treatment in any programme that is included in a Tier 1 service (within the meaning given by section 368HA of the Communications Act 2003), or

• (b) unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.

• (1B) Subsection (1A) applies in relation to a Tier 1 service only so far as the service is made available for use by members of the public in the United Kingdom.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) OFCOM shall from time to time publish a code under this section (as for the time being in force).

• (4) Before drawing up or revising a code under this section, OFCOM shall consult—

• (a) each broadcasting ... body, and

• (b) such other persons as appear to OFCOM to be appropriate.

• (5) This subsection applies to—

• (a) any programme broadcast by the BBC,

• (b) any programme broadcast by S4C or included in any public service of S4C (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003), and

• (c) any programme included in a licensed service.

Portrayal of violence or sexual conduct etc.

Preparation by BSC of code relating to broadcasting standards generally

108

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Monitoring by BSC of broadcasting standards

109

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaints

General functions of BSC in relation to complaints

110

• (1) Subject to the provisions of this Part, it shall be the duty of OFCOM to consider and adjudicate on complaints which are made to them in accordance with sections 111 and 114 and relate—

• (a) to unjust or unfair treatment in programmes to which section 107 applies, or

• (b) to unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) In exercising their functions under subsection (1), OFCOM shall take into account any relevant provisions of the codes maintained by them under section 107...

• (4) In this Part—

• “a fairness complaint” means a complaint to OFCOM in respect of any of the matters referred to in subsection (1)(a) and (b), ...

• ...

Complaints of unfair treatment etc

111

• (1) A fairness complaint may be made by an individual or by a body of persons, whether incorporated or not, but, subject to subsection (2), shall not be entertained by OFCOM unless made by the person affected or by a person authorised by him to make the complaint for him.

• (2) Where the person affected is an individual who has died, a fairness complaint may be made by his personal representative or by a member of the family of the person affected, or by some other person or body closely connected with him (whether as his employer, or as a body of which he was at his death a member, or in any other way).

• (3) Where the person affected is an individual who is for any reason both unable to make a complaint himself and unable to authorise another person to do so for him, a fairness complaint may be made by a member of the family of the person affected, or by some other person or body closely connected with him (whether as his employer, or as a body of which he is a member, or in any other way).

• (4) OFCOM shall not entertain, or proceed with the consideration of, a fairness complaint if it appears to them that the complaint relates to the broadcasting of the relevant programme, or to its inclusion in a licensed service or a Tier 1 service, on an occasion more than five years after the death of the person affected, unless it appears to them that in the particular circumstances it is appropriate to do so.

• (4A) OFCOM must not entertain, or proceed with the consideration of, a fairness complaint relating to the inclusion of a programme in a Tier 1 service unless it appears to them that the programme—

• (a) was first included in the service after the end of the grace period, or

• (b) if first included before then, either remained included or was again included after the end of that period.

• (4B) In subsection (4A), “the grace period”, in relation to a Tier 1 service, means the period of 12 months beginning with whichever is the later of the following—

• (a) the day on which the on-demand programme service, or non-UK on-demand programme service, became a Tier 1 service;

• (b) the day when the first code under section 107(1A) was published.

• (4C) Where regulations under section 368HB(1) of the Communications Act 2003 provide that an on-demand programme service, or a non-UK on-demand programme service, specified in the regulations is a Tier 1 service, the regulations may also provide—

• (a) that subsections (4A) and (4B) do not apply in relation to the service, or

• (b) that those subsections apply in relation to the service as if the reference in subsection (4B) to 12 months were a reference to such lesser period as may be specified in the regulations.

• (5) OFCOM may refuse to entertain a fairness complaint if it appears to them not to have been made within a reasonable time after the last occasion on which the relevant programme was broadcast or, as the case may be, included in a licensed service or a Tier 1 service.

• (6) Where, in the case of a fairness complaint, the relevant programme was broadcast or included in a licensed service or a Tier 1 service after the death of the person affected, subsection (5) shall apply as if at the end there were added “within five years (or such longer period as may be allowed by OFCOM in the particular case under subsection (4)) after the death of the person affected”.

• (7) OFCOM may refuse to entertain—

• (a) a fairness complaint which is a complaint of unjust or unfair treatment if the person named as the person affected was not himself the subject of the treatment complained of and it appears to OFCOM that he did not have a sufficiently direct interest in the subject-matter of that treatment to justify the making of a complaint with him as the person affected, or

• (b) a complaint made under subsection (2) or (3) by a person other than the person affected or a person authorised by him, if it appears to OFCOM that the complainant’s connection with the person affected is not sufficiently close to justify the making of the complaint by him.

Committee to consider fairness complaints

112

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Complaints relating to taste and decency, etc

113

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Supplementary provisions as to making of complaints of either kind

114

• (1) A fairness complaint ... must be in writing, or in such other form as OFCOM may allow, and must give particulars of the matters complained of.

• (2) The OFCOM shall not entertain, or proceed with the consideration of, a fairness complaint ... if it appears to them—

• (a) that the matter complained of is the subject of proceedings in a court of law in the United Kingdom, or

• (b) that the matter complained of is a matter in respect of which the complainant or... the person affected has a remedy by way of proceedings in a court of law in the United Kingdom, and that in the particular circumstances it is not appropriate for OFCOM to consider a complaint about it, or

• (c) that the complaint is frivolous, or

• (d) that for any other reason it is inappropriate for them to entertain, or proceed with the consideration of, the complaint.

Consideration of fairness complaints

115

• (1) Subject to the provisions of sections 111 and 114, every fairness complaint made to OFCOM shall be considered by them either at a hearing or, if they think fit, without a hearing.

• (2) Hearings under this section shall be held in private; and where such a hearing is held in respect of a fairness complaint, each of the following persons shall be given an opportunity to attend and be heard, namely—

• (a) the complainant,

• (b) the relevant person,

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (d) any person not falling within any of paragraphs (a) or (b) who appears to OFCOM to have been responsible for the making or provision of that programme, and

• (e) any other person who OFCOM consider might be able to assist at the hearing.

• (3) Before OFCOM proceed to consider a fairness complaint they shall send a copy of it—

• (a) to the relevant person, and

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) Where the relevant person receives from OFCOM a copy of the complaint, it shall be the duty of that person, if so required by OFCOM—

• (a) to provide OFCOM with a visual or sound recording of the relevant programme or of any specified part of it, if and so far as the relevant person has such a recording in his possession;

• (b) to make suitable arrangements for enabling the complainant to view or hear the relevant programme, or any specified part of it, if and so far as the relevant person has in his possession a visual or sound recording of it;

• (c) to provide OFCOM and the complainant with a transcript of so much of the relevant programme, or of any specified part of it, as consisted of speech, if and so far as the relevant person is able to do so;

• (d) to provide OFCOM and the complainant with copies of any documents in the possession of the relevant person, being the originals or copies of any correspondence between that person and the person affected or the complainant in connection with the complaint;

• (da) to provide OFCOM with such other things appearing to OFCOM to be relevant to their consideration of the complaint, and to be in the possession of the relevant person, as may be specified or described by OFCOM;

• (e) to furnish to OFCOM and the complainant a written statement in answer to the complaint.

• (5) Where the relevant person receives from OFCOM a copy of a fairness complaint, it shall also be the duty of that person, if so required by OFCOM—

• (a) where the relevant person is a broadcasting body, to arrange for one or more of the governors, members or employees of the body to attend OFCOM and assist them in their consideration of the complaint, or

• (b) where the relevant person is a body other than a broadcasting body, to arrange for one or more of the following, namely—

• (i) the persons who take part in the management or control of the body, or

• (ii) the employees of the body,

to attend OFCOM and assist them in their consideration of the complaint, or

• (c) where the relevant person is an individual, to attend, or to arrange for one or more of his employees to attend, OFCOM and assist them in their consideration of the complaint.

• (6) Where the relevant person receives from OFCOM a copy of a fairness complaint and, in connection with the complaint, OFCOM make to any other person a request to which this subsection applies, it shall be the duty of the relevant person to take such steps as he reasonably can to ensure that the request is complied with.

• (7) Subsection (6) applies to the following requests by OFCOM to any such other person as is there mentioned, namely—

• (a) a request to make suitable arrangements for enabling the complainant and any member or employee of OFCOM to view or hear the relevant programme, or any specified part of it, if and so far as the person requested has in his possession a visual or sound recording of it;

• (b) a request to provide OFCOM and the complainant with a transcript of so much of the relevant programme, or of any specified part of it, as consisted of speech, if and so far as the person requested is able to do so;

• (c) a request to provide OFCOM and the complainant with copies of any documents in the possession of the person requested, being the originals or copies of any correspondence between that person and the person affected or the complainant in connection with the complaint;

• (ca) a request to provide OFCOM with such other things appearing to OFCOM to be relevant to their consideration of the complaint, and to be in the possession of the person requested, as may be specified or described by OFCOM;

• (d) a request to furnish to OFCOM and the complainant a written statement in answer to the complaint;

• (e) a request to attend, or (where the person requested is not an individual) to arrange for a representative to attend, OFCOM and assist them in their consideration of the complaint.

• (8) Where OFCOM have adjudicated on a fairness complaint, OFCOM shall send a copy of their findings to the complainant.

• (9) In this section “the relevant person” means—

• (a) in a case where the relevant programme was broadcast by a broadcasting body, that body, ...

• (b) in a case where the relevant programme was included in a licensed service, the licence holder providing the service , and

• (c) in a case where the relevant programme was included in a Tier 1 service, the person who provides that service.

Consideration of standards complaints

116

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to retain recordings

117

For the purposes of section 115 of this Act and of section 167 of the 1990 Act (power to make copies of recordings in connection with certain offences) it shall be the duty of each broadcasting body to retain a recording of every television or sound programme which is broadcast by that body—

• (a) where it is of a television programme, during the period of 90 days beginning with the day of the broadcast, and

• (b) where it is of a sound programme, during the period of 42 days beginning with the day of the broadcast.

Power to pay allowances to persons attending hearings

118

OFCOM may, if they think fit, make to any person who attends them in connection with a fairness complaint ... such payments as they think fit by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him so to attend.

Publication of BSC’s findings

119

• (1) Where OFCOM have considered and adjudicated upon a fairness complaint, they may direct the relevant person to publish the matters mentioned in subsection (3) in such manner, and within such period, as may be specified in the directions.

• (3) Those matters are—

• (a) a summary of the complaint;

• (b) OFCOM's findings on the complaint or a summary of them;

• (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (4) References in subsection (1) to the publication of any matter are references to the publication of that matter without its being accompanied by any observations made by a person other than OFCOM and relating to the complaint.

• (5) The form and content of any such summary as is mentioned in subsection (3)(a) or (b) shall be such as may be approved by OFCOM.

• (6) A relevant person shall comply with any directions given to him under this section.

• (7) The regulatory regime for every licensed service includes the conditions that OFCOM consider appropriate for securing that the licence holder complies with every direction given to him under this section.

• (7A) Section 263 of the Communications Act 2003 applies in relation to conditions included by virtue of subsection (7) in the regulatory regime for a licensed service as it applies in relation to conditions which are so included by virtue of a provision of Chapter 4 of Part 3 of that Act.

• (7B) It is hereby declared that, where—

• (a) OFCOM exercise their powers under this Part to adjudicate upon a fairness complaint or to give a direction under subsection (1), and

• (b) it appears to them that the matters to which the complaint in question relates consist in or include a contravention of the conditions of the licence for a licensed service,

the exercise by OFCOM of their powers under this Part is not to preclude the exercise by them of their powers under any other enactment in respect of the contravention.

• (7C) Where OFCOM are proposing to exercise any of their powers in respect of a contravention of a licence condition in a case in which the contravention relates to matters that have been the subject-matter of a fairness complaint—

• (a) OFCOM may have regard, in the exercise of those powers, to any matters considered or steps taken by them for the purpose of adjudicating upon that complaint and to any direction given by them under this section; but

• (b) steps taken for the purposes of this Part do not satisfy a requirement to give the licence holder in relation to whom those powers are to be exercised a reasonable opportunity, before they are exercised, of making representations to OFCOM.

• (7D) Where the relevant person is a provider of a Tier 1 service, the following provisions of the Communications Act 2003 apply in relation to a contravention of the duty under subsection (6) as they apply in relation to a contravention of the duty under section 368HJ(1) of that Act—

• (a) section 368I(1A)(b) (power to impose a financial penalty in accordance with section 368J) and section 368J;

• (b) section 368K (suspension or restriction of services).

• (8) OFCOM shall publish, monthly or at such other intervals as they think fit and in such manner as they think fit, reports each containing, as regards every fairness complaint ... which falls within this subsection and has been dealt with by them in the period covered by the report—

• (a) a summary of the complaint and the action taken by them on it,

• (b) where they have adjudicated on it, a summary of—

• (i) their findings,

• (ii) any direction given under subsection (1), or other action taken by them, in relation to the complaint, and

• (c) where a direction has been given under subsection (1) in relation to the complaint, a summary of any action taken by a relevant person in pursuance of the direction.

• (9) A fairness complaint ... made to OFCOM falls within subsection (8) unless it is one which under section 111(1), (4) or (5) ... or 114(2) they have refused to entertain.

• (10) OFCOM may, if they think fit, omit from any summary which is included in a report under subsection (8) and relates to a fairness complaint any information which could lead to the disclosure of the identity of any person connected with the complaint in question other than a relevant person

• (11) The references in subsections (3)(b) and (8)(b) to OFCOM’s findings on a complaint shall be construed, in relation to a fairness complaint which has been considered by them in two or more parts, as references to their findings on each part of the complaint.

• (11A) In this section “relevant person” means—

• (a) in a case where the relevant programme was broadcast by a broadcasting body, that body; ...

• (b) in a case where the relevant programme was included in a licensed service, the licence holder providing that service ; and

• (c) in a case where the relevant programme was included in a Tier 1 service, the person who provides that service.

• (12) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports on action taken voluntarily in response to findings on complaints

120

• (1) This section applies where OFCOM have given a direction under section 119(1) in relation to a fairness complaint ....

• (2) Where the relevant programme was included in a licensed service, the licence holder shall send to OFCOM a report of any supplementary action taken by him or by any other person responsible for the making or provision of the relevant programme.

• (3) Where the relevant programme was broadcast by a broadcasting body, that body shall send to OFCOM a report of any supplementary action taken by—

• (a) the broadcasting body, or

• (b) any other person appearing to that body to be responsible for the making or provision of the relevant programme.

• (3A) Where the relevant programme was included in a Tier 1 service, the provider of that service shall send to OFCOM a report of any supplementary action taken by—

• (a) the provider, or

• (b) any other person appearing to the provider to be responsible for the making or provision of the relevant programme.

• (4) OFCOM may include, in any report under section 119(8), a summary of any report received by them under subsection (2) , (3) or (3A) in relation to the complaint.

• (5) In this section “supplementary action”, in relation to a complaint, means action which, although not taken in pursuance of a direction under section 119(1), is taken in consequence of the findings of OFCOM on the complaint.

Certain statements etc. protected by qualified privilege for purposes of defamation

121

• (1) For the purposes of the law relating to defamation—

• (a) publication of any statement in the course of the consideration by OFCOM of, and their adjudication on, a fairness complaint,

• (b) publication by OFCOM of directions under section 119(1) relating to a fairness complaint, or

• (c) publication of a report of OFCOM , so far as the report relates to fairness complaints,

is privileged unless the publication is shown to be made with malice.

• (2) Nothing in subsection (1) shall be construed as limiting any privilege subsisting apart from that subsection.

Miscellaneous and general

Power of BSC to commission research

122

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

International representation by BSC of Government interests

123

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Duty to publicise BSC

124

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Annual reports

125

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Reports to Secretary of State

126

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Contributions towards cost of BSC

127

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transfer of assets of Broadcasting Complaints Commission and Broadcasting Standards Council to BSC and dissolution of those bodies

128

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Transitional provisions relating to complaints

129

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Interpretation of Part V

130

• (1) In this Part (unless the context otherwise requires)—

• ...

• “broadcasting body” means the BBC or S4C;

• ...

• “fairness complaint” has the meaning given by section 110(4);

• ...

• “licensed service” means ...—any television programme service (within the meaning of Part I of the 1990 Act) which is licensed under that Part,...any relevant independent radio service (within the meaning of section 85 of the 1990 Act),any additional service (within the meaning of Part 1 of the 1990 Act) which is licensed under that Part,any digital programme service (within the meaning of Part I of this Act) which is licensed under that Part,any qualifying service (within the meaning of Part I of this Act) provided by a person other than S4C,any digital sound programme service (within the meaning of Part II of this Act) which is licensed under that Part,any simulcast radio service (within the meaning of Part II of this Act), andany digital additional service (within the meaning of Part I or II of this Act) which is licensed under that Part;

• ...

• “participant”, in relation to a programme, means a person who appeared, or whose voice was heard, in the programme;

• “the person affected”—in relation to any such unjust or unfair treatment as is mentioned in section 110(1), means a participant in the programme in question who was the subject of that treatment or a person who, whether such a participant or not, had a direct interest in the subject-matter of that treatment, andin relation to any such unwarranted infringement of privacy as is so mentioned, means a person whose privacy was infringed;

• “programme” includes an advertisement and a teletext transmission and, in relation to a service, includes any item included in that service;

• ...

• “the relevant programme”, in relation to a complaint, means the programme to which the complaint relates;

• ...

• ...

• “Tier 1 service” has the same meaning as in the Communications Act 2003 (see section 368HA of that Act);

• “unjust or unfair treatment” includes treatment which is unjust or unfair because of the way in which material included in a programme has been selected or arranged.

• (2) In this Part—

• (a) any reference to programmes to which section 107 applies shall be construed in accordance with section 107(5), ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Part VI — The British Broadcasting Corporation

Transfer of property, rights and liabilities relating to BBC transmission network

Power of BBC to make transfer schemes relating to its transmission network

131

• (1) The BBC may make a scheme or schemes providing for the transfer to any person or persons of such property, rights and liabilities of the BBC as are specified in, or determined in accordance with the scheme, being property, rights and liabilities which, immediately before the day on which the scheme comes into force, subsist for the purposes of or in connection with or are otherwise attributable to the BBC transmission network.

• (2) In subsection (1) “the BBC transmission network” means so much of the undertaking of the BBC as is concerned with the provision of broadcasting transmission services or services related to those services.

• (3) In this Part “transfer scheme” means a scheme made under subsection (1).

• (4) Schedule 5 shall have effect with respect to transfer schemes.

Powers of Secretary of State in relation to transfer schemes

132

• (1) A transfer scheme shall not take effect unless it is approved by the Secretary of State; and where such a scheme is submitted to the Secretary of State for his approval, he may modify the scheme before approving it.

• (2) Subject to subsection (3), the Secretary of State shall not approve a transfer scheme containing any provision in accordance with which any person other than a wholly-owned subsidiary of the BBC becomes entitled or subject to any property, rights and liabilities unless it appears to the Secretary of State that the person has consented to the provisions of the scheme so far as they relate to him.

• (3) Subsection (2) shall not require the consent of any person to so much of a transfer scheme as—

• (a) relates to property, rights or liabilities to which that person is already entitled or subject, and

• (b) appears to the Secretary of State to be made for purposes that are no more than supplemental or incidental to the other provisions of the scheme.

• (4) Before—

• (a) declining to approve a transfer scheme, or

• (b) modifying such a scheme,

the Secretary of State shall consult the BBC and every person who is a transferee under the scheme.

• (5) It shall be the duty of the BBC and every person who is a transferee under a transfer scheme to provide the Secretary of State with all such information and other assistance as he may reasonably require for the purposes of, or in connection with, the exercise of any power conferred on him by this paragraph.

• (6) In this section “wholly-owned subsidiary” has the meaning given by section 1159 of the Companies Act 2006 .

Agreements with respect to transfer schemes

133

• (1) The BBC may enter into any such agreement with another person as they think fit for the purpose of accepting or imposing contractual obligations with respect to, or to anything connected with, the manner in which their powers by virtue of section 131 are to be exercised.

• (2) Any agreement may, in particular, provide for the making of payments, or the issue of shares or securities, to the BBC (by way of consideration or otherwise) in respect of anything created or transferred in accordance with a transfer scheme.

• (3) The consent of the Secretary of State shall be required for the making by the BBC of an agreement under this section.

Transfer schemes: successor companies

134

Schedule 6 (which makes provision about the accounts etc. of wholly-owned subsidiaries of the BBC to which any property, rights or liabilities are transferred in accordance with a transfer scheme) shall have effect.

Taxation provisions with respect to transfer schemes

135

Schedule 7 (which makes provision about tax in connection with transfer schemes) shall have effect.

Services provided by BBC companies

Services provided by BBC companies

136

Schedule 8 (which makes amendments of the 1990 Act relating to the regulation by the Independent Television Commission and the Radio Authority of services provided by bodies corporate in which the BBC have an interest) shall have effect.

Part VII — Copyright and related matters

Avoidance of certain terms relating to use for purpose of news reporting of visual images from broadcast or cable programme

137

• (1) Any provision in an agreement is void in so far as it purports to prohibit or restrict relevant dealing with a broadcast ... in any circumstances where by virtue of section 30(2) of the Copyright, Designs and Patents Act 1988 (fair dealing for the purpose of reporting current events) copyright in the broadcast ... is not infringed.

• (2) In subsection (1)—

• (a) “relevant dealing”, in relation to a broadcast, means dealing by communicating to the public any visual images taken from that broadcast, and

• (b) “broadcast” and “communicating to the public” have the same meaning as in Part I of the Copyright, Designs and Patents Act 1988.

Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services

138

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Copyright licensing

139

• (1) After section 135G of the Copyright, Designs and Patents Act 1988 there is inserted—

(135H) (1) The Secretary of State may by order, subject to such transitional provision as appears to him to be appropriate, amend sections 135A to 135G so as— (a) to include in any reference to sound recordings any works of a description specified in the order; or (b) to exclude from any reference to a broadcast or cable programme service any broadcast or cable programme service of a description so specified. (2) An order shall be made by statutory instrument; and no order shall be made unless a draft of it has been laid before and approved by resolution of each House of Parliament.

• (2) After section 151 of that Act there is inserted—

(151A) (1) Any of the following, namely— (a) a direction under section 123(3) so far as relating to a licence for broadcasting a work or including a work in a cable programme service; (b) a direction under section 128(3) so far as so relating; (c) an order under section 135D(1); and (d) an order under section 135F confirming or varying an order under section 135D(1), may award simple interest at such rate and for such period, beginning not earlier than the relevant date and ending not later than the date of the order, as the Copyright Tribunal thinks reasonable in the circumstances. (2) In this section “the relevant date” means— (a) in relation to a direction under section 123(3), the date on which the reference was made; (b) in relation to a direction under section 128(3), the date on which the reference or application was made; (c) in relation to an order section 135D(1), the date on which the first payment under section 135C(2) became due; and (d) in relation to an order under section 135F, the date on which the application was made.

• (3) Subsection (2) does not apply in any case where the reference or application to the Copyright Tribunal was or is made before the commencement of this section.

Unauthorised decoders

140

Apparatus, etc. for unauthorised reception of transmissions

141

Part VIII — Miscellaneous and general

Standards for transmission systems

Standards for transmission systems

142

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Disqualification on grounds relating to political objects

Duties of Independent Television Commission and Radio Authority in cases involving disqualification on grounds related to political objects

143