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304 Local content and character of local sound broadcasting services | |
(1) It shall be the duty of OFCOM to carry out their functions in relation to local | |
sound broadcasting services in the manner that they consider is best calculated | |
to secure— | |
(a) that programmes consisting of or including local material are included | 5 |
in such services; and | |
(b) that other connections between each such service and the area or | |
locality for which it is provided are established and maintained. | |
(2) OFCOM must— | |
(a) draw up a code giving guidance as to how they consider the | 10 |
requirements of subsection (1)(a) and (b) should be satisfied; and | |
(b) have regard to that code in carrying out their functions in relation to | |
local sound broadcasting services. | |
(3) The code may, in particular, include guidance as to the relevance for the | |
purposes of subsection (1)(a) and (b) of— | 15 |
(a) different descriptions of local material included in local sound | |
broadcasting services; | |
(b) the extent to which locally-made programmes and local advertisements | |
are included in the services; | |
(c) the extent to which use is made of some or all of the factors specified in | 20 |
subsection (4) for establishing and maintaining connections between | |
such a service and an area or locality. | |
(4) Those factors are— | |
(a) the employment or other use for the purposes of the service of persons | |
living in, or otherwise having connections with, the area or locality; | 25 |
(b) the provision to such persons, in connection with the provision of the | |
service, of opportunities for training and development; | |
(c) the use of premises within the area or locality as the premises from | |
which the service is provided, or as the premises from which | |
management or control over the provision of the service is exercised. | 30 |
(5) The code may make different provision for different descriptions of services. | |
(6) OFCOM may revise the code from time to time. | |
(7) Before drawing up or revising the code, OFCOM must consult— | |
(a) such persons as appear to them to represent the interests of persons for | |
whom local sound broadcasting services are or would be provided; | 35 |
(b) persons holding licences to provide local sound broadcasting services | |
or persons appearing to represent such persons, or both; and | |
(c) such other persons as they consider appropriate. | |
(8) OFCOM must publish the code and every revision of the code in such manner | |
as they consider appropriate. | 40 |
(9) In this section— | |
“local advertisement”, in relation to a local sound broadcasting service, | |
means an advertisement for— | |
(a) goods or services manufactured or supplied by a person whose | |
business is carried on from premises in the area or locality for | 45 |
which the service is provided; or | |
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(b) goods or services which are supplied primarily to persons | |
living or working in that area or locality; | |
“local material”, in relation to a local sound broadcasting service, means | |
material (including news) which is of particular interest— | |
(a) to persons living or working within the area or locality for | 5 |
which the service is provided; | |
(b) to persons living or working within a part of that area or | |
locality; or | |
(c) to particular communities living or working within that area or | |
locality; | 10 |
“locally-made”, in relation to programmes included in a local sound | |
broadcasting service, means made wholly or partly at premises in the | |
area or locality for which that service is provided. | |
(10) References in this section to persons living or working in an area or locality | |
include references to persons undergoing education or training in that area or | 15 |
locality. | |
305 Variations of radio multiplex licences affecting service characteristics | |
For subsection (6) of section 54 of the 1996 Act (variations of radio multiplex | |
licence affecting service characteristics) there shall be substituted— | |
“(6) Where the licence holder applies to OFCOM for the variation of a | 20 |
condition which— | |
(a) was imposed under subsection (1)(b), and | |
(b) relates to the characteristics of digital sound programme | |
services to be broadcast under the licence, | |
then (subject to subsections (6A) and (6B)) OFCOM must vary the | 25 |
condition in accordance with the application. | |
(6A) OFCOM are not to vary a national radio multiplex licence in | |
accordance with an application under subsection (6) if it appears to | |
them that, if the application were granted, the capacity of the digital | |
sound programme services broadcast under the licence to appeal to a | 30 |
variety of tastes and interests would be unacceptably diminished. | |
(6B) OFCOM are to vary a local radio multiplex licence in accordance with | |
such an application only if they are satisfied— | |
(a) that the variation would not unacceptably narrow the range of | |
programmes available by way of local digital sound | 35 |
programme services to persons living in the area or locality for | |
which the licensed multiplex service is provided; | |
(b) that the variation would be conducive to the maintenance or | |
promotion of fair and effective competition in that area or | |
locality; or | 40 |
(c) that there is evidence that, amongst persons living in that area | |
or locality, there is a significant demand for, or significant | |
support for, the change that would result from the variation.” | |
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Competition between licensed providers etc. | |
306 Conditions relating to competition matters | |
(1) The regulatory regime for every licensed service includes the conditions (if | |
any) that OFCOM consider appropriate for ensuring fair and effective | |
competition in the provision of licensed services or of connected services. | 5 |
(2) Those conditions must include the conditions (if any) that OFCOM consider | |
appropriate for securing that the provider of the service does not— | |
(a) enter into or maintain any arrangements, or | |
(b) engage in any practice, | |
which OFCOM consider, or would consider, to be prejudicial to fair and | 10 |
effective competition in the provision of licensed services or of connected | |
services. | |
(3) A condition imposed under this section may require a licence holder to comply | |
with one or both of the following— | |
(a) a code for the time being approved by OFCOM for the purposes of the | 15 |
conditions; and | |
(b) directions given to him by OFCOM for those purposes. | |
(4) In this section— | |
“connected services”, in relation to licensed services, means the provision | |
of programmes for inclusion in licensed services and any other services | 20 |
provided for purposes connected with, or with the provision of, | |
licensed services; and | |
“licensed service” means a service licensed by a Broadcasting Act licence. | |
307 Exercise of Broadcasting Act powers for a competition purpose | |
(1) This section applies to the following powers of OFCOM (their “Broadcasting | 25 |
Act powers”)— | |
(a) their powers under this Part of this Act and under the 1990 Act and the | |
1996 Act to impose or vary the conditions of a Broadcasting Act licence; | |
(b) every power of theirs to give an approval for the purposes of provision | |
contained in the conditions of such a licence; | 30 |
(c) every power of theirs to give a direction to a person who is required to | |
comply with it by the conditions of such a licence; and | |
(d) every power of theirs that is exercisable for the purpose of enforcing an | |
obligation imposed by the conditions of such a licence. | |
(2) Before exercising any of their Broadcasting Act powers for a competition | 35 |
purpose, OFCOM must consider whether a more appropriate way of | |
proceeding in relation to some or all of the matters in question would be under | |
the Competition Act 1998 (c. 41). | |
(3) If OFCOM decide that a more appropriate way of proceeding in relation to a | |
matter would be under the Competition Act 1998, they are not, to the extent of | 40 |
that decision, to exercise their Broadcasting Act powers in relation to that | |
matter. | |
(4) A person affected by a decision by OFCOM to exercise any of their | |
Broadcasting Act powers for a competition purpose may appeal to the | |
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(4) Competition Appeal Tribunal against so much of that decision as relates to the | |
exercise of that power for that purpose. | |
(5) Sections 187(3) to (8), 190 and 191 apply in the case of an appeal under | |
subsection (4) as they apply in the case of an appeal under section 187(2). | |
(6) The jurisdiction of the Competition Appeal Tribunal on an appeal under | 5 |
subsection (4) excludes— | |
(a) whether OFCOM have complied with subsection (2); and | |
(b) whether any of OFCOM’s Broadcasting Act powers have been | |
exercised in contravention of subsection (3); | |
and, accordingly, those decisions by OFCOM on those matters fall to be | 10 |
questioned only in proceedings for judicial review. | |
(7) For the purposes of this section a power is exercised by OFCOM for a | |
competition purpose if the only or main reason for exercising it is to secure that | |
the holder of a Broadcasting Act licence does not— | |
(a) enter into or maintain arrangements, or | 15 |
(b) engage in a practice, | |
which OFCOM consider, or would consider, to be prejudicial to fair and | |
effective competition in the provision of licensed services or of connected | |
services. | |
(8) Nothing in this section applies to— | 20 |
(a) the exercise by OFCOM of any of their powers under sections 282 to 286 | |
or Schedule 11; | |
(b) the exercise by them of any power for the purposes of any provision of | |
a condition included in a licence in accordance with any of those | |
sections; | 25 |
(c) the exercise by them of any power for the purpose of enforcing such a | |
condition. | |
(9) In subsection (7) “connected services” and “licensed service” each has the same | |
meaning as in section 306. | |
(10) References in this section to the exercise of a power include references to an | 30 |
exercise of a power in pursuance of a duty imposed on OFCOM by or under an | |
enactment. | |
308 Review of powers exercised for competition purposes | |
(1) It shall be the duty of OFCOM, at such intervals as they consider appropriate | |
to carry out a review of so much of each of the following as has effect for a | 35 |
competition purpose— | |
(a) every code made or approved by them under or for the purposes of a | |
broadcasting provision; | |
(b) the guidance issued by them under or for the purposes of broadcasting | |
provisions; and | 40 |
(c) every direction given by them under or for the purposes of a | |
broadcasting provision. | |
(2) Before modifying or revoking, or withdrawing their approval from, anything | |
which is subject to periodic review under this section, OFCOM must consult | |
such persons as they consider appropriate. | 45 |
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(3) Subsection (2) applies irrespective or whether the modification, revocation or | |
withdrawal is in consequence of a review under this section. | |
(4) For the purposes of this section a provision has effect for a competition purpose | |
to the extent that its only or main purpose is to secure that the holder of a | |
Broadcasting Act licence does not— | 5 |
(a) enter into or maintain arrangements, or | |
(b) engage in a practice, | |
which OFCOM consider, or would consider, to be prejudicial to fair and | |
effective competition in the provision of licensed services or of connected | |
services. | 10 |
(5) In this section “broadcasting provision” means— | |
(a) a provision of this Part of this Act, of the 1990 Act or of the 1996 Act, or | |
(b) any provision of a Broadcasting Act licence, | |
other than provision contained in any of sections 282 to 286 of this Act or | |
Schedule 11 to this Act. | 15 |
Programme and fairness standards for television and radio | |
309 OFCOM’s standards code | |
(1) It shall be the duty of OFCOM to set, and from time to time to review and | |
revise, such standards for the content of programmes to be included in | |
television and radio services as appear to them best calculated to secure the | 20 |
standards objectives. | |
(2) The standards objectives are— | |
(a) that persons under the age of eighteen are protected; | |
(b) that material likely to encourage or to incite the commission of crime or | |
to lead to disorder is not included in television and radio services; | 25 |
(c) that news included in television and radio services is presented with | |
due impartiality and that the impartiality requirements of section 310 | |
are complied with; | |
(d) that news included in television and radio services is reported with due | |
accuracy; | 30 |
(e) that the proper degree of responsibility is exercised with respect to the | |
content of programmes which are religious programmes; | |
(f) that generally accepted standards are applied to the contents of | |
television and radio services so as to provide adequate protection for | |
members of the public from the inclusion in such services of offensive | 35 |
and harmful material; | |
(g) that the inclusion of unsuitable advertising in television and radio | |
services is prevented; | |
(h) that the unsuitable sponsorship of programmes included in television | |
and radio services is prevented; | 40 |
(i) that there is no undue discrimination between advertisers who seek to | |
have advertisements included in television and radio services; and | |
(j) that there is no use of techniques which exploit the possibility of | |
conveying a message to viewers or listeners, or of otherwise | |
influencing their minds, without their being aware, or fully aware, of | 45 |
what has occurred. | |
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(3) The standards set by OFCOM under this section must be contained in one or | |
more codes. | |
(4) In setting or revising any standards under this section, OFCOM must have | |
regard, in particular and to such extent as appears to them to be relevant to the | |
securing of the standards objectives, to each of the following matters— | 5 |
(a) the degree of harm or offence likely to be caused by the inclusion of any | |
particular sort of material in programmes generally, or in programmes | |
of a particular description; | |
(b) the likely size and composition of the potential audience for | |
programmes included in television and radio services generally, or in | 10 |
television and radio services of a particular description; | |
(c) the likely expectation of the audience as to the nature of a programme’s | |
content and the extent to which the nature of a programme’s content | |
can be brought to the attention of potential members of the audience; | |
(d) the likelihood of persons who are unaware of the nature of a | 15 |
programme’s content being unintentionally exposed, by their own | |
actions, to that content; | |
(e) the desirability of securing that the content of services identifies when | |
there is a change affecting the nature of a service that is being watched | |
or listened to and, in particular, a change that is relevant to the | 20 |
application of the standards set under this section; and | |
(f) the desirability of maintaining the independence of editorial control | |
over programme content. | |
(5) OFCOM must ensure that the standards from time to time in force under this | |
section include— | 25 |
(a) minimum standards applicable to all programmes included in | |
television and radio services; and | |
(b) such other standards applicable to particular descriptions of | |
programmes, or of television and radio services, as appear to them | |
appropriate for securing the standards objectives. | 30 |
(6) Standards set to secure the standards objective specified in subsection (2)(e) | |
shall, in particular, contain provision designed to secure that religious | |
programmes do not involve— | |
(a) any improper exploitation of any susceptibilities of the audience for | |
such a programme; or | 35 |
(b) any abusive treatment of the religious views and beliefs of those | |
belonging to a particular religion or religious denomination. | |
(7) In setting standards 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. | 40 |
(8) In this section “news” means news in whatever form it is included in a service. | |
310 Special impartiality requirements | |
(1) The requirements of this section are— | |
(a) the exclusion, in the case of television and radio services, from | |
programmes included in any of those services of all expressions of the | 45 |
views or opinions of the person providing the service on any of the | |
matters mentioned in subsection (2); | |
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(b) the preservation, in the case of every television broadcasting service, | |
teletext service, national radio service and national digital sound | |
programme service, of due impartiality, on the part of the person | |
providing the service, as respects all of those matters; | |
(c) the prevention, in the case of every local radio service, local digital | 5 |
sound programme service or radio licensable content service, of the | |
giving of undue prominence in the programmes included in the service | |
to the views and opinions of particular persons or bodies on any of | |
those matters. | |
(2) Those matters are— | 10 |
(a) matters of political or industrial controversy; and | |
(b) matters relating to current public policy. | |
(3) Subsection (1)(a) does not require— | |
(a) the exclusion from television programmes of views or opinions relating | |
to television broadcasting; or | 15 |
(b) the exclusion from radio programmes of views or opinions relating to | |
sound broadcasting. | |
(4) For the purposes of this section— | |
(a) the requirement specified in subsection (1)(b) is one that (subject to any | |
rules under subsection (5)) may be satisfied by being satisfied in | 20 |
relation to a series of programmes taken as a whole; | |
(b) the requirement specified in subsection (1)(c) is one that needs to be | |
satisfied only in relation to all the programmes included in the service | |
in question, taken as a whole. | |
(5) OFCOM’s standards code shall contain provision setting out the rules to be | 25 |
observed in connection with the following matters— | |
(a) the application of the requirement specified in subsection (1)(b); | |
(b) the determination of what, in relation to that requirement, constitutes a | |
series of programmes for the purposes of subsection (4)(a); | |
(c) the application of the requirement in subsection (1)(c). | 30 |
(6) Any provision made for the purposes of subsection (5)(a) must, in particular, | |
take account of the need to ensure the preservation of impartiality in relation | |
to the following matters (taking each matter separately)— | |
(a) matters of major political or industrial controversy, and | |
(b) major matters relating to current public policy, | 35 |
as well as of the need to ensure that the requirement specified in subsection | |
(1)(b) is satisfied generally in relation to a series of programmes taken as a | |
whole. | |
(7) In this section “national radio service” and “local radio service” mean, | |
respectively, a sound broadcasting service which is a national service within | 40 |
the meaning of section 240 and a sound broadcasting service which is a local | |
service within the meaning of that section. | |
311 Objectives for advertisements and sponsorship | |
(1) Standards set by OFCOM to secure the objectives mentioned in section | |
309(2)(g) and (h)— | 45 |
(a) must include general provision governing standards and practice in | |
advertising and in the sponsoring of programmes; and | |
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