|
| |
| |
OFCOM’s Content Board | |
11 Duty to establish and maintain Content Board | |
(1) It shall be the duty of OFCOM, in accordance with the following provisions of | |
this section, to exercise their powers under paragraph 14 of the Schedule to the | |
Office of Communications Act 2002 (c. 11) (committees of OFCOM) to establish | 5 |
and maintain a committee to be known as “the Content Board”. | |
(2) The Content Board shall consist of— | |
(a) a chairman appointed by OFCOM; and | |
(b) such number of other members appointed by OFCOM as OFCOM | |
think fit. | 10 |
(3) The chairman of the Content Board must be a non-executive member of | |
OFCOM but is not to be the chairman of OFCOM. | |
(4) In appointing persons to be members of the Content Board, OFCOM must | |
secure that, for each of the following parts of the United Kingdom— | |
(a) England, | 15 |
(b) Scotland, | |
(c) Wales, and | |
(d) Northern Ireland, | |
there is a different member of the Board capable of representing the interests | |
and opinions of persons living in that part of the United Kingdom. | 20 |
(5) In appointing a person for the purposes of subsection (4)(a), OFCOM must | |
have regard to the desirability of ensuring that the person appointed is able to | |
represent the interests and opinions of persons living in all the different | |
regions of England. | |
(6) The validity of any proceedings of the Content Board shall not be affected by | 25 |
any failure by OFCOM to comply with subsection (4) or (5). | |
(7) It shall be the duty of OFCOM when appointing members of the Content Board | |
in accordance with paragraph 14(3) of the Office of Communications Act 2002 | |
(at least one member of non-advisory committee to be member or employee of | |
OFCOM) to secure, so far as practicable, that a majority of the members of the | 30 |
Board (counting the chairman) consists of persons who are neither members | |
nor employees of OFCOM. | |
(8) The following shall be disqualified from being the chairman or another | |
member of the Content Board— | |
(a) governors and employees of the BBC; | 35 |
(b) members and employees of the Welsh Authority; and | |
(c) members and employees of C4C. | |
(9) Before appointing a person to be the chairman or another member of the | |
Content Board, OFCOM must satisfy themselves that he will not have any | |
financial or other interest which would be likely prejudicially to affect the | 40 |
carrying out by him of any of his functions as chairman or member of the | |
Content Board. | |
(10) A person is not to be taken to have such an interest by reason only that he is or | |
will be a member or employee of OFCOM. | |
| |
| |
|
| |
| |
(11) Every person whom OFCOM propose to appoint to be the chairman or another | |
member of the Content Board, shall, whenever requested to do so by OFCOM, | |
furnish OFCOM with any information they consider necessary for the | |
performance of their duty under subsection (9). | |
(12) In addition to paying remuneration and expenses under paragraph 14(4) of the | 5 |
Schedule to the Office of Communications Act 2002 (c. 11), OFCOM may— | |
(a) pay to, or in respect of, any member of the Content Board who is not a | |
member or employee of OFCOM, such sums by way of pensions, | |
allowances or gratuities as OFCOM may determine; and | |
(b) provide for the making of such payments to or in respect of any such | 10 |
member of the Content Board. | |
(13) In subsection (12)— | |
(a) the reference to pensions, allowances and gratuities includes a | |
reference to similar benefits payable on death or retirement; and | |
(b) the reference to providing for the payment of a pension, allowance or | 15 |
gratuity to, or in respect of, a person includes a reference to the making | |
of payments towards the provision or payment of a pension, allowance | |
or gratuity, or of any such similar benefits, to or in respect of that | |
person. | |
12 Functions of the Content Board | 20 |
(1) The Content Board shall have such functions as OFCOM, in exercise of their | |
powers under the Schedule to the Office of Communications Act 2002, may | |
confer on the Board. | |
(2) The functions conferred on the Board must include, to such extent and subject | |
to such restrictions and approvals as OFCOM may determine, the carrying out | 25 |
on OFCOM’s behalf of— | |
(a) functions in relation to matters that concern the contents of anything | |
which is or may be broadcast or otherwise transmitted by means of | |
electronic communications networks; and | |
(b) functions in relation to the promotion of public understanding or | 30 |
awareness of matters relating to the publication of matter by means of | |
the electronic media. | |
(3) In determining what functions to confer on the Content Board, OFCOM must | |
have particular regard to the desirability of securing that the Board have at | |
least a significant influence on decisions which— | 35 |
(a) relate to the matters mentioned in subsection (2); and | |
(b) involve the consideration of different interests and other factors as | |
respects different parts of the United Kingdom. | |
(4) It shall be the duty of the Content Board to ensure, in relation to— | |
(a) the carrying out of OFCOM’s functions under Part 3 of this Act, Parts 1 | 40 |
and 3 of the 1990 Act and Parts 1 and 2 of the 1996 Act, | |
(b) the matters with respect to which functions are conferred on the Board, | |
and | |
(c) such other matters mentioned in subsection (2) as OFCOM may | |
determine, | 45 |
that OFCOM are aware of the different interests and other factors which, in the | |
Board’s opinion, need to be taken into account as respects the different parts of | |
the United Kingdom in relation to the carrying out of OFCOM’s functions. | |
| |
| |
|
| |
| |
(5) The power of OFCOM to determine the Content Board’s functions includes | |
power to authorise the Board to establish committees and panels to advise the | |
Board on the carrying out of some or all of the Board’s functions. | |
(6) The power of OFCOM to authorise the establishment of a committee or panel | |
by the Content Board includes power to authorise the establishment of a | 5 |
committee or panel that includes persons who are not members of the Board. | |
(7) In this section references to the publication of anything by means of the | |
electronic media are references to its being— | |
(a) broadcast so as to be available for reception by members of the public | |
or of a section of the public; or | 10 |
(b) distributed by means of an electronic communications network to | |
members of the public or of a section of the public. | |
Functions for the protection of consumers | |
13 Consumer research | |
(1) OFCOM must make arrangements for ascertaining— | 15 |
(a) the state of public opinion from time to time about the manner in which | |
electronic communications networks and electronic communications | |
services are provided; | |
(b) the state of public opinion from time to time about the manner in which | |
associated facilities are made available; | 20 |
(c) the experiences of consumers in the markets for electronic | |
communications services and associated facilities, in relation to the | |
manner in which electronic communications networks and electronic | |
communications services are provided and associated facilities made | |
available; | 25 |
(d) the experiences of such consumers in relation to the handling, by | |
communications providers and by persons making such facilities | |
available, of complaints made to them by such consumers; | |
(e) the experiences of such consumers in relation to the resolution of | |
disputes with communications providers or with persons making | 30 |
associated facilities available; and | |
(f) the interests and experiences of such consumers in relation to other | |
matters that are incidental to, or are otherwise connected with, their | |
experiences of the provision of electronic communications networks | |
and electronic communications services or of the availability of | 35 |
associated facilities. | |
(2) The matters to which the arrangements must relate do not include the | |
incidence or investigation of interference (within the meaning of the Wireless | |
Telegraphy Act 1949 (c. 54)) with wireless telegraphy. | |
(3) The matters to which the arrangements must relate do not (except so far as | 40 |
authorised or required by subsections (4) to (6)) include public opinion with | |
respect to— | |
(a) the contents of anything broadcast or otherwise published by means of | |
an electronic communications network; or | |
(b) the experiences or interests of consumers in any market for electronic | 45 |
communications services with respect to anything so broadcast or | |
published. | |
| |
| |
|
| |
| |
(4) OFCOM must make arrangements for ascertaining— | |
(a) the state of public opinion from time to time concerning programmes | |
included in television and radio services; | |
(b) any effects of such programmes, or of other material published by | |
means of the electronic media, on the attitudes or behaviour of persons | 5 |
who watch, listen to or receive the programmes or material; and | |
(c) so far as necessary for the purpose mentioned in subsection (5), the | |
types of programmes that members of the public would like to see | |
included in television and radio services. | |
(5) That purpose is the carrying out by OFCOM of their functions under Chapter | 10 |
4 of Part 3 of this Act. | |
(6) OFCOM must make arrangements for the carrying out of research into the | |
following— | |
(a) the matters mentioned in section 10(1); | |
(b) matters relating to, or connected with, the setting of standards under | 15 |
section 307 of this Act; | |
(c) matters relating to, or connected with, the observance of those | |
standards by persons providing television and radio services; | |
(d) matters relating to, or connected with, the prevention of unjust or | |
unfair treatment in programmes included in such services; and | 20 |
(e) matters relating to, or connected with, the prevention of unwarranted | |
infringements of privacy resulting from activities carried on for the | |
purposes of such services. | |
(7) Arrangements made by OFCOM for the purposes of this section may include | |
arrangements for the carrying out of research in one or more of the following | 25 |
ways— | |
(a) by members or employees of OFCOM; | |
(b) by the Content Board; | |
(c) in accordance with arrangements made by that Board; | |
(d) by persons who are neither members nor employees of OFCOM. | 30 |
(8) In this section references to the publication of anything by means of the | |
electronic media are references to its being— | |
(a) broadcast so as to be available for reception by members of the public | |
or of a section of the public; or | |
(b) distributed by means of an electronic communications network to | 35 |
members of the public or of a section of the public. | |
(9) This section does not restrict OFCOM’s power to make any arrangements they | |
consider to be incidental or conducive to the carrying out of any of their | |
functions. | |
14 Duty to publish and take account of research | 40 |
(1) It shall be the duty of OFCOM— | |
(a) to publish the results of any research carried out by them or on their | |
behalf under section 13; and | |
(b) to consider and, to such extent as they think fit, to take account of the | |
results of such research in the carrying out of their functions. | 45 |
(2) OFCOM is not required under this section— | |
| |
| |
|
| |
| |
(a) to publish any matter that is confidential in accordance with subsection | |
(3) or (4); or | |
(b) to publish anything that it would not be reasonably practicable to | |
publish without disclosing such a matter. | |
(3) A matter is confidential under this subsection if— | 5 |
(a) it relates specifically to the affairs of a particular body; and | |
(b) publication of that matter would or might, in OFCOM’s opinion, | |
seriously and prejudicially affect the interests of that body. | |
(4) A matter is confidential under this subsection if— | |
(a) it relates to the private affairs of an individual; and | 10 |
(b) publication of that matter would or might, in OFCOM’s opinion, | |
seriously and prejudicially affect the interests of that individual. | |
(5) The publication of research under this section must be in such manner as | |
OFCOM consider appropriate. | |
15 Consumer consultation | 15 |
(1) It shall be the duty of OFCOM to establish and maintain effective arrangements | |
for consultation about the carrying out of their functions with— | |
(a) consumers in the markets for the services and facilities in relation to | |
which OFCOM have functions; | |
(b) consumers in the markets for apparatus used in connection with any | 20 |
such services or facilities; | |
(c) consumers in the markets for directories capable of being used in | |
connection with the use of an electronic communications network or | |
electronic communications service. | |
(2) The arrangements must include the establishment and maintenance of a panel | 25 |
of persons (in this Act referred to as “the Consumer Panel”) with the function | |
of advising both— | |
(a) OFCOM; and | |
(b) such other persons as the Panel think fit. | |
(3) The arrangements must secure that the matters about which the Consumer | 30 |
Panel are able to give advice include the interests of domestic and small | |
business consumers in relation to the following matters— | |
(a) the provision of electronic communications networks; | |
(b) the provision and making available of the services and facilities | |
mentioned in subsection (4); | 35 |
(c) the supply of apparatus designed or adapted for use in connection with | |
any such services or facilities; | |
(d) the supply of directories capable of being used in connection with the | |
use of an electronic communications network or electronic | |
communications service; | 40 |
(e) the financial and other terms on which such services or facilities are | |
provided or made available, or on which such apparatus or such a | |
directory is supplied; | |
(f) standards of service, quality and safety for such services, facilities, | |
apparatus and directories; | 45 |
(g) the handling of complaints made by persons who are consumers in the | |
markets for such services, facilities, apparatus or directories to the | |
| |
| |
|
| |
| |
(g) persons who provide the services or make the facilities available, or | |
who are suppliers of the apparatus or directories; | |
(h) the resolution of disputes between such consumers and the persons | |
who provide such services or make such facilities available, or who are | |
suppliers of such apparatus or directories; | 5 |
(i) the provision of remedies and redress in respect of matters that form | |
the subject-matter of such complaints or disputes; | |
(j) the information about service standards and the rights of consumers | |
that is made available by persons who provide or make available such | |
services or facilities, or who are suppliers of such apparatus or | 10 |
directories; | |
(k) any other matter appearing to the Panel to be necessary for securing | |
effective protection for persons who are consumers in the markets for | |
any such services, facilities, apparatus or directories. | |
(4) Those services and facilities are— | 15 |
(a) electronic communications services; | |
(b) associated facilities; | |
(c) directory enquiry facilities; | |
(d) a service consisting in the supply of information for use in responding | |
to directory enquiries or of an electronic programme guide; and | 20 |
(e) every service or facility not falling within any of the preceding | |
paragraphs which is provided or made available to members of the | |
public— | |
(i) by means of an electronic communications network; and | |
(ii) in pursuance of agreements entered into between the person by | 25 |
whom the service or facility is provided or made available and | |
each of those members of the public. | |
(5) The matters about which the Consumer Panel are to be able to give advice do | |
not include matters that concern the contents of anything which is or may be | |
broadcast or otherwise transmitted by means of electronic communications | 30 |
networks. | |
(6) The arrangements made by OFCOM under this section must also secure that | |
the Consumer Panel are able, in addition to giving advice on the matters | |
mentioned in subsection (3), to do each of the following— | |
(a) at the request of OFCOM, to carry out research for OFCOM in relation | 35 |
to any of the matters in relation to which OFCOM have functions under | |
section 13; | |
(b) to make arrangements for the carrying out of research into such other | |
matters appearing to the Panel to be relevant to the carrying out of the | |
Panel’s functions as they think fit; | 40 |
(c) to give advice to OFCOM in relation to any matter referred to the Panel | |
by OFCOM for advice; | |
(d) to publish such information as the Panel think fit about the advice they | |
give, about the carrying out of the Panel’s other functions and about the | |
results of research carried out by them or on their behalf. | 45 |
(7) It shall be the duty of OFCOM, in the carrying out of their functions, to | |
consider and, to such extent as they think appropriate, to have regard to— | |
(a) any advice given to OFCOM by the Consumer Panel; and | |
(b) any results notified to OFCOM of any research undertaken by that | |
Panel. | 50 |
| |
| |
|
| |
| |
(8) It shall also be the duty of OFCOM (subject to subsection (9))— | |
(a) to provide the Consumer Panel with all such information as, having | |
regard, in particular, to the need to preserve commercial | |
confidentiality, OFCOM consider appropriate to disclose to the Panel | |
for the purpose of enabling the Panel to carry out their functions; and | 5 |
(b) to provide the Panel with all such further information as the Panel may | |
require. | |
(9) OFCOM is not required to provide information by virtue of subsection (8)(b) | |
if, having regard to— | |
(a) the need to preserve commercial confidentiality, and | 10 |
(b) any other matters that appear to OFCOM to be relevant, | |
it is reasonable for OFCOM to refuse to disclose it to the Panel. | |
(10) It shall be the duty of OFCOM, in the case of any advice or opinion received | |
from and published by the Panel which OFCOM propose to disregard in whole | |
or in part, or with which OFCOM disagree in whole or in part— | 15 |
(a) to ensure that the Panel know OFCOM’s reasons for disregarding or | |
disagreeing with the advice or opinion; and | |
(b) to ensure that those reasons are or have been published in such manner | |
as OFCOM consider appropriate for bringing them to the attention of | |
persons who are aware of the Panel’s advice or opinion. | 20 |
(11) In this section— | |
“domestic and small business consumer” means a person who— | |
(a) is a consumer in the market for services or facilities mentioned | |
in subsection (4) or for apparatus designed or adapted for use in | |
connection with any such services or facilities; but | 25 |
(b) is neither— | |
(i) a communications provider or a person who makes | |
associated facilities available; nor | |
(ii) a person who is a consumer in the market in respect of an | |
undertaking carried on by him for which more than ten | 30 |
individuals work (whether as employees or volunteers or | |
otherwise); | |
“electronic programme guide” means a service which consists of— | |
(a) the listing or promotion, or both the listing and the promotion, | |
of some or all of the programmes included in any one or more | 35 |
programme services the providers of which are or include | |
persons other than the provider of the guide; and | |
(b) a facility for obtaining access, in whole or in part, to the | |
programme service or services listed or promoted in the guide. | |
16 Membership etc. of the Consumer Panel | 40 |
(1) The members of the Consumer Panel shall be appointed by OFCOM and shall | |
comprise a chairman and such other members as OFCOM may determine. | |
(2) The approval of the Secretary of State is required for the appointment of a | |
person to be the chairman or to be another member of the Panel. | |
(3) In appointing persons to be members of the Consumer Panel, OFCOM must | 45 |
secure that, for each of the following parts of the United Kingdom— | |
(a) England, | |
| |
| |
|
