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(c) the number of such periods to be allowed in any programme or in any | |
hour or day; and | |
(d) the exclusion of advertisements from a specified part of a licensed | |
service. | |
(3) Directions under this section— | 5 |
(a) may be either general or specific; | |
(b) may be qualified or unqualified; and | |
(c) may make different provision for different parts of the day, different | |
days of the week, different types of programmes or for other differing | |
circumstances. | 10 |
(4) In giving a direction under this section, OFCOM must take account of such of | |
the international obligations of the United Kingdom as the Secretary of State | |
may notify to them for the purposes of this section. | |
311 Modification of matters to be taken into account under s. 307 | |
(1) The Secretary of State may by order modify the list of matters in section 307(4) | 15 |
to which OFCOM are to have regard when setting or revising standards. | |
(2) Before making an order under this section, the Secretary of State must consult | |
OFCOM. | |
(3) No order is to be made containing provision authorised by subsection (1) | |
unless a draft of the order has been laid before Parliament and approved by a | 20 |
resolution of each House. | |
312 Setting and publication of standards | |
(1) Before setting standards under section 307, OFCOM must publish, in such | |
manner as they think fit, a draft of the proposed code containing those | |
standards. | 25 |
(2) After publishing the draft code and before setting the standards, OFCOM must | |
consult every person who holds a relevant licence and such of the following as | |
they think fit— | |
(a) persons appearing to OFCOM to represent the interests of those who | |
watch television programmes; | 30 |
(b) persons appearing to OFCOM to represent the interests of those who | |
make use of teletext services; and | |
(c) persons appearing to OFCOM to represent the interests of those who | |
listen to sound programmes. | |
(3) After publishing the draft code and before setting the standards, OFCOM must | 35 |
also consult— | |
(a) the Welsh Authority, about so much of the draft code as relates to | |
television programme services; | |
(b) the BBC, about so much of the draft code as contains standards other | |
than those for advertising or sponsorship; and | 40 |
(c) such of the persons mentioned in subsection (4) as OFCOM think fit, | |
about so much of the draft code as contains standards for advertising | |
or sponsorship. | |
(4) Those persons are— | |
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(a) persons appearing to OFCOM to represent the interests of those who | |
will have to take account of the contents of the proposed standards for | |
advertising or sponsorship; | |
(b) bodies and associations appearing to OFCOM to be concerned with the | |
application of standards of conduct in advertising; and | 5 |
(c) professional organisations appearing to OFCOM to be qualified to give | |
relevant advice in relation to the advertising of particular products. | |
(5) If it appears to OFCOM that a body exists which represents the interests of a | |
number of the persons who hold relevant licences, they may perform their | |
duty under subsection (2) of consulting such persons, so far as it relates to the | 10 |
persons whose interests are so represented, by consulting that body. | |
(6) OFCOM may set standards under section 307 either— | |
(a) in the terms proposed in a draft code published under subsection (1); or | |
(b) with such modifications as OFCOM consider appropriate in the light of | |
the consultation carried out as a result of subsections (2) to (5). | 15 |
(7) Subsections (1) to (6) apply to a proposal by OFCOM to revise standards set | |
under section 307 as they apply to a proposal to set such standards. | |
(8) Where OFCOM set standards under section 307, they must publish the code | |
containing the standards in such manner as they consider appropriate for | |
bringing it to the attention of the persons who, in their opinion, are likely to be | 20 |
affected by the standards. | |
(9) Where OFCOM revise standards set under section 307, they shall so publish | |
the code containing the standards as revised. | |
(10) Where OFCOM publish a code under subsection (8) or (9), they shall send a | |
copy of it— | 25 |
(a) to the Secretary of State; | |
(b) except in the case of a code containing standards for advertising or | |
sponsorship, to the BBC; and | |
(c) if the code relates to television programme services, to the Welsh | |
Authority. | 30 |
(11) A code (or draft code) contains standards for advertising or sponsorship for the | |
purposes of this section to the extent that it sets standards under section 307 for | |
securing any of the objectives mentioned in any of paragraphs (g) to (i) of | |
subsection (2) of that section. | |
(12) In this section “relevant licence”, in relation to a draft code, means— | 35 |
(a) to the extent that the draft code relates to | |
(i) television programme services, | |
(ii) the public teletext service, or | |
(iii) an additional television service, | |
a licence under Part 1 of the 1990 Act (independent television services), | 40 |
under section 18 of the 1996 Act (digital television programme services) | |
under section 25 of that Act (digital additional television services) or | |
under section 214 of this Act; and | |
(b) to the extent that the draft code relates to radio programme services, | |
any licence under Part 3 of the 1990 Act (independent radio services), | 45 |
under section 60 of the 1996 Act (digital sound programme service) or | |
under section 64 of that Act (digital additional services). | |
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313 Observance of standards code | |
(1) The regulatory regime for every programme service licensed by a Broadcasting | |
Act licence includes conditions for securing— | |
(a) that standards set under section 307 are observed in the provision of | |
that service; and | 5 |
(b) that procedures for the handling and resolution of complaints about the | |
observance of those standards are established and maintained. | |
(2) It shall be the duty of OFCOM themselves to establish procedures for the | |
handling and resolution of complaints about the observance of standards set | |
under section 307. | 10 |
(3) OFCOM may from time to time make a report to the Secretary of State on any | |
issues with respect to OFCOM’s standards code which— | |
(a) have been identified by them in the course of carrying out their | |
functions; and | |
(b) appear to them to raise questions of general broadcasting policy. | 15 |
(4) The conditions of a licence which is granted by OFCOM for a programme | |
service must, for the purpose of securing compliance— | |
(a) with OFCOM’s standards code, so far as it relates to advertising and | |
the sponsorship of programmes, and | |
(b) with any such requirements as are mentioned in section 309(4) which | 20 |
relate to advertising and sponsorship but go beyond that code, | |
include a condition requiring the licence holder to comply with every direction | |
given to him by OFCOM with respect to any of the matters mentioned in | |
subsection (5). | |
(5) Those matters are— | 25 |
(a) the exclusion from the service of a particular advertisement, or its | |
exclusion in particular circumstances; | |
(b) the descriptions of advertisements and methods of advertising to be | |
excluded from the service (whether generally or in particular | |
circumstances); and | 30 |
(c) the forms and methods of sponsorship to be excluded from the service | |
(whether generally or in particular circumstances). | |
(6) OFCOM’s powers and duties under this section are not to be construed as | |
restricting any power of theirs, apart from this section— | |
(a) to include conditions with respect to the content of programmes | 35 |
included in any service in the licence to provide that service; or | |
(b) to include conditions in a licence requiring the holder of a licence to | |
comply with directions given by OFCOM or by any other person. | |
314 Duty to observe fairness code | |
The regulatory regime for every programme service licensed by a Broadcasting | 40 |
Act licence includes the conditions that OFCOM consider appropriate for | |
securing observance— | |
(a) in connection with the provision of that service, and | |
(b) in relation to the programmes included in that service, | |
of the code for the time being in force under section 107 of the 1996 Act (the | 45 |
fairness code). | |
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315 Standards with respect to fairness | |
(1) Part 5 of the 1996 Act (functions of the Broadcasting Standards Commission | |
which are transferred to OFCOM so far as they relate to codes of practice and | |
complaints with respect to fairness and privacy) shall be amended as follows. | |
(2) No person shall be entitled to make a standards complaint under that Part at | 5 |
any time after the coming into force of this section, and no person shall be | |
required to entertain any such complaint that is so made. | |
(3) In section 115 (consideration of fairness complaint)— | |
(a) in subsection (4) (matters to be provided in response to a fairness | |
complaint), after paragraph (d) there shall be inserted— | 10 |
“(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;” | |
(b) in subsection (7) (requests in relation to which the relevant person is | 15 |
required to secure the compliance of another), after paragraph (c) there | |
shall be inserted— | |
“(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 | 20 |
possession of the person requested, as may be specified | |
or described by OFCOM;”. | |
(4) For subsection (7) of section 119 (directions on determination of fairness | |
complaint) there shall be substituted— | |
“(7) The regulatory regime for every licensed service includes the | 25 |
conditions that OFCOM consider appropriate for securing that the | |
licence holder complies with every direction given to him under this | |
section. | |
(7A) Section 255 of the Communications Act 2003 applies in relation to | |
conditions included by virtue of subsection (7) in the regulatory regime | 30 |
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 | 35 |
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 | 40 |
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 | 45 |
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 | |
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(a) 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 | 5 |
they are exercised, of making representations to OFCOM.” | |
(5) For subsection (2) of section 120 of that Act (reports on supplementary action | |
taken in response to findings on fairness complaint) there shall be | |
substituted— | |
“(2) Where the relevant programme was included in a licensed service, the | 10 |
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.” | |
316 Duty to publicise OFCOM’s functions in relation to complaints | |
(1) The regulatory regime for every service to which this section applies includes | 15 |
the conditions that OFCOM consider appropriate for securing that— | |
(a) the procedures which, by virtue of section 313, are established and | |
maintained for handling and resolving complaints about the | |
observance of standards set under section 307, and | |
(b) their functions under Part 5 of the 1996 Act in relation to that service, | 20 |
are brought to the attention of the public (whether by means of broadcasts or | |
otherwise). | |
(2) Conditions included in a licence by virtue of subsection (1) may require the | |
holder of the licence to comply with every direction given to him by OFCOM | |
for the purpose mentioned in that subsection. | 25 |
(3) The services to which this section applies are— | |
(a) any Channel 3 service; | |
(b) Channel 4; | |
(c) Channel 5; | |
(d) the public teletext service; | 30 |
(e) any television licensable content service; | |
(f) any digital television programme service; | |
(g) any additional television service; | |
(h) any digital additional television service; | |
(i) any restricted television service; | 35 |
(j) any sound broadcasting service to which section 239(3) applies; | |
(k) any radio licensable content service; | |
(l) any digital sound programme service; | |
(m) any additional radio service. | |
Power to proscribe unacceptable foreign television and radio services | 40 |
317 Proscription orders | |
(1) Where— | |
(a) a foreign service to which this section applies comes to OFCOM’s | |
attention, and | |
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(b) they consider that the service is unacceptable and should be the subject | |
of an order under this section, | |
they must send a notification to the Secretary of State giving details of the | |
service and their reasons for considering that an order should be made. | |
(2) A service is not to be considered unacceptable by OFCOM unless they are | 5 |
satisfied that— | |
(a) programmes containing objectionable matter are included in the | |
service; and | |
(b) that the inclusion of objectionable matter in programmes so included is | |
occurring repeatedly. | 10 |
(3) Matter is objectionable for the purposes of subsection (2) only if— | |
(a) it offends against taste or decency; | |
(b) it is likely to encourage or to incite the commission of crime; | |
(c) it is likely to lead to disorder; or | |
(d) it is likely to be offensive to public feeling. | 15 |
(4) Where the Secretary of State has received a notification under this section in the | |
case of a service, he may make an order— | |
(a) identifying the service in such manner as he thinks fit; and | |
(b) proscribing it. | |
(5) The Secretary of State is not to make an order proscribing a service unless he is | 20 |
satisfied that the making of the order is— | |
(a) in the public interest; and | |
(b) compatible with the international obligations of the United Kingdom. | |
(6) The television and sound services to which this section applies are— | |
(a) television licensable content services provided otherwise than by | 25 |
broadcasting from a satellite; | |
(b) digital television programme services; | |
(c) digital additional television services; | |
(d) radio licensable sound services provided otherwise than by being | |
broadcast from a satellite; | 30 |
(e) digital sound programme services; and | |
(f) digital additional sound services. | |
(7) A service to which this section applies is a foreign service if it— | |
(a) is a service capable of being received in the United Kingdom for the | |
provision of which no Broadcasting Act licence is either in force or | 35 |
required to be in force; but | |
(b) is also a service for the provision of which such a licence would be | |
required— | |
(i) in the case of a service falling within subsection (6)(a) to (c), if | |
the person providing it were under the jurisdiction of the | 40 |
United Kingdom for the purposes of the Television without | |
Frontiers Directive; and | |
(ii) in any other case, if the person providing it provided it from a | |
place in the United Kingdom or were a person whose principal | |
place of business is in the United Kingdom. | 45 |
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