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(b) may include provision prohibiting advertisements and forms and | |
methods of advertising or sponsorship (whether generally or in | |
particular circumstances). | |
(2) The standards so set must, in particular, include provision to secure that | |
programme services do not include— | 5 |
(a) any advertisement which is inserted by or on behalf of a body whose | |
objects are wholly or mainly of a political nature; | |
(b) any advertisement which is directed towards a political end; or | |
(c) any advertisement which has a connection with an industrial dispute. | |
(3) For the purposes of this section objects of a political nature and political ends | 10 |
include each of the following— | |
(a) influencing the outcome of elections or referendums, whether in the | |
United Kingdom or elsewhere; | |
(b) bringing about changes of the law in the whole or a part of the United | |
Kingdom or elsewhere, or otherwise influencing the legislative process | 15 |
in any country or territory; | |
(c) influencing the policies or decisions of local, regional or national | |
governments, whether in the United Kingdom or elsewhere; | |
(d) influencing the policies or decisions of persons on whom public | |
functions are conferred by or under the law of the United Kingdom or | 20 |
of a country or territory outside the United Kingdom; | |
(e) influencing the policies or decisions of persons on whom functions are | |
conferred by or under international agreements; | |
(f) influencing public opinion on a matter which, in the United Kingdom, | |
is a matter of public controversy; | 25 |
(g) promoting the interests of a party or other group of persons organised, | |
in the United Kingdom or elsewhere, for political ends. | |
(4) OFCOM— | |
(a) shall, in relation to programme services, have a general responsibility | |
with respect to advertisements and methods of advertising and | 30 |
sponsorship; and | |
(b) in the discharge of that responsibility may include conditions in any | |
licence which is granted by them for any such service that enable | |
OFCOM to impose requirements with respect to any of those matters | |
that go beyond the provisions of OFCOM’s standards code. | 35 |
(5) OFCOM must, from time to time, consult the Secretary of State about— | |
(a) the descriptions of advertisements that should not be included in | |
programme services; and | |
(b) the forms and methods of advertising and sponsorship that should not | |
be employed in, or in connection with, the provision of such services. | 40 |
(6) The Secretary of State may give OFCOM directions as to the matters mentioned | |
in subsection (5); and it shall be the duty of OFCOM to comply with any such | |
direction. | |
(7) Nothing in the provisions of this Chapter relating to standards set by OFCOM | |
under section 309 is to be construed as authorising or requiring a prohibition | 45 |
on the inclusion in a programme service of— | |
(a) an advertisement of a public service nature inserted by, or on behalf of, | |
a government department; or | |
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(b) a party political broadcast which complies (so far as they are | |
applicable) with the rules for such broadcasts. | |
(8) Those rules are the rules made by OFCOM for the purposes of— | |
(a) section 323 of this Act; or | |
(b) paragraph 18 of Schedule 12 to this Act. | 5 |
(9) In this section “programme service” does not include a service provided by the | |
BBC. | |
312 Supplementary powers relating to advertising | |
(1) The regulatory regime for each of the following— | |
(a) every television broadcasting service licensed by a Broadcasting Act | 10 |
licence, | |
(b) the public teletext service, and | |
(c) every other teletext service so licensed that consists in an additional | |
television service or a digital additional television service, | |
includes a condition requiring the person providing the service to comply with | 15 |
every direction given to him by OFCOM with respect to any of the matters | |
mentioned in subsection (2). | |
(2) Those matters are— | |
(a) the maximum amount of time to be given to advertisements in any | |
hour or other period; | 20 |
(b) the minimum interval which must elapse between any two periods | |
given over to advertisements; | |
(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 | 25 |
service. | |
(3) Directions under this section— | |
(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 | 30 |
days of the week, different types of programmes or for other differing | |
circumstances. | |
(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. | 35 |
313 Modification of matters to be taken into account under s. 309 | |
(1) The Secretary of State may by order modify the list of matters in section 309(4) | |
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. | 40 |
(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 | |
resolution of each House. | |
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314 Setting and publication of standards | |
(1) Before setting standards under section 309, OFCOM must publish, in such | |
manner as they think fit, a draft of the proposed code containing those | |
standards. | |
(2) After publishing the draft code and before setting the standards, OFCOM must | 5 |
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; | |
(b) persons appearing to OFCOM to represent the interests of those who | 10 |
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 | |
also consult— | 15 |
(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 | |
(c) such of the persons mentioned in subsection (4) as OFCOM think fit, | 20 |
about so much of the draft code as contains standards for advertising | |
or sponsorship. | |
(4) Those persons are— | |
(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 | 25 |
advertising or sponsorship; | |
(b) bodies and associations appearing to OFCOM to be concerned with the | |
application of standards of conduct in advertising; and | |
(c) professional organisations appearing to OFCOM to be qualified to give | |
relevant advice in relation to the advertising of particular products. | 30 |
(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 | |
persons whose interests are so represented, by consulting that body. | |
(6) OFCOM may set standards under section 309 either— | 35 |
(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). | |
(7) Subsections (1) to (6) apply to a proposal by OFCOM to revise standards set | |
under section 309 as they apply to a proposal to set such standards. | 40 |
(8) Where OFCOM set standards under section 309, 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 | |
affected by the standards. | |
(9) Where OFCOM revise standards set under section 309, they shall so publish | 45 |
the code containing the standards as revised. | |
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(10) Where OFCOM publish a code under subsection (8) or (9), they shall send a | |
copy of it— | |
(a) to the Secretary of State; | |
(b) except in the case of a code containing standards for advertising or | |
sponsorship, to the BBC; and | 5 |
(c) if the code relates to television programme services, to the Welsh | |
Authority. | |
(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 309 for | |
securing any of the objectives mentioned in any of paragraphs (g) to (i) of | 10 |
subsection (2) of that section. | |
(12) In this section “relevant licence”, in relation to a draft code, means— | |
(a) to the extent that the draft code relates to | |
(i) television programme services, | |
(ii) the public teletext service, or | 15 |
(iii) an additional television service, | |
a licence under Part 1 of the 1990 Act (independent television services), | |
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 | 20 |
(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), | |
under section 60 of the 1996 Act (digital sound programme service) or | |
under section 64 of that Act (digital additional services). | |
315 Observance of standards code | 25 |
(1) The regulatory regime for every programme service licensed by a Broadcasting | |
Act licence includes conditions for securing— | |
(a) that standards set under section 309 are observed in the provision of | |
that service; and | |
(b) that procedures for the handling and resolution of complaints about the | 30 |
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 309. | |
(3) OFCOM may from time to time make a report to the Secretary of State on any | 35 |
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. | |
(4) The conditions of a licence which is granted by OFCOM for a programme | 40 |
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 311(4) which | |
relate to advertising and sponsorship but go beyond that code, | 45 |
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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— | |
(a) the exclusion from the service of a particular advertisement, or its | 5 |
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 | |
(c) the forms and methods of sponsorship to be excluded from the service | 10 |
(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 | |
included in any service in the licence to provide that service; or | 15 |
(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. | |
316 Duty to observe fairness code | |
The regulatory regime for every programme service licensed by a Broadcasting | |
Act licence includes the conditions that OFCOM consider appropriate for | 20 |
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 | |
fairness code). | 25 |
317 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 | 30 |
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— | 35 |
“(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 | 40 |
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 | 45 |
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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 | 5 |
conditions that OFCOM consider appropriate for securing that the | |
licence holder complies with every direction given to him under this | |
section. | |
(7A) Section 256 of the Communications Act 2003 applies in relation to | |
conditions included by virtue of subsection (7) in the regulatory regime | 10 |
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 | 15 |
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 | 20 |
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 | 25 |
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 | 30 |
(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.” | |
(5) For subsection (2) of section 120 of that Act (reports on supplementary action | 35 |
taken in response to findings on fairness complaint) there shall be | |
substituted— | |
“(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 | 40 |
or provision of the relevant programme.” | |
318 Duty to publicise OFCOM’s functions in relation to complaints | |
(1) The regulatory regime for every service to which this section applies includes | |
the conditions that OFCOM consider appropriate for securing that— | |
(a) the procedures which, by virtue of section 315, are established and | 45 |
maintained for handling and resolving complaints about the | |
observance of standards set under section 309, and | |
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(b) their functions under Part 5 of the 1996 Act in relation to that service, | |
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 | 5 |
for the purpose mentioned in that subsection. | |
(3) The services to which this section applies are— | |
(a) any Channel 3 service; | |
(b) Channel 4; | |
(c) Channel 5; | 10 |
(d) the public teletext service; | |
(e) any television licensable content service; | |
(f) any digital television programme service; | |
(g) any additional television service; | |
(h) any digital additional television service; | 15 |
(i) any restricted television service; | |
(j) any sound broadcasting service to which section 240(3) applies; | |
(k) any radio licensable content service; | |
(l) any digital sound programme service; | |
(m) any additional radio service. | 20 |
Power to proscribe unacceptable foreign television and radio services | |
319 Proscription orders | |
(1) Where— | |
(a) a foreign service to which this section applies comes to OFCOM’s | |
attention, and | 25 |
(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 | 30 |
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. | 35 |
(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. | 40 |
(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. | |
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