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Broadcasting Act 1990 (c. 42)

(The document as of February, 2008)

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Broadcasting Act 1990 (c. 42)

1990 CHAPTER 42

ARRANGEMENT OF SECTIONS

Content
  1. Part I

    Independent Television Services

    1. Chapter 1

      Regulation by Commission of Television Services Generally

      1. Establishment of Independent Television Commission

        1. 1. The Independent Television Commission.

      2. Function of Commission

        1. 2. Regulation by Commission of provision of television services.

      3. General provisions about licences

        1. 3. Licences under Part I.

        2. 4. General licence conditions.

        3. 5. Restrictions on the holding of licences.

      4. General provisions about licensed services

        1. 6. General requirements as to licensed services.

        2. 7. General code for programmes.

        3. 8. General provisions as to advertisements.

        4. 9. Control of advertisements.

        5. 10. Government control over licensed services.

        6. 11. Monitoring by Commission of programmes included in licensed services.

        7. 12. Audience research.

      5. Prohibition on providing unlicensed television services

        1. 13. Prohibition on providing television services without a licence.

    2. Chapter II

      Television Broadcasting on Channels 3, 4 and 5

      1. Channel 3

        1. 14. Establishment of Channel 3.

        2. 15. Applications for Channel 3 licences.

        3. 16. Procedure to be followed by Commission in connection with consideration of applications for licences.

        4. 17. Award of licence to person submitting highest cash bid.

        5. 18. Failure to begin providing licensed service and financial penalties on revocation of licence.

        6. 19. Additional payments to be made in respect of Channel 3 licences.

        7. 20. Duration and renewal of Channel 3 licences.

        8. 21. Restriction on changes in control over Channel 3 licence holder.

        9. 22. Temporary provision of regional Channel 3 service for additional area.

      2. Channel 4

        1. 23. The Channel Four Television Corporation.

        2. 24. Channel 4 to be provided by Corporation as licensed service.

        3. 25. Conditions to be included in Channel 4 licence.

        4. 26. Revenue deficits of Corporation to be funded by Channel 3 licensees.

        5. 27. Application of excess revenues of Corporation.

      3. Channel 5

        1. 28. Channel 5.

        2. 29. Application to Channel 5 of provisions relating to Channel 3.

        3. 30. Initial Channel 5 licensee required to retune equipment susceptible to interference.

      4. Provision of news programmes

        1. 31. Provision of news on Channels 3 and 5.

        2. 32. Nomination of bodies to provide news for regional Channel 3 services.

      5. Miscellaneous provisions relating to Channels 3, 4 and 5

        1. 33. Conditions requiring holder of Channel 3 or Channel 5 licence to deliver promised service.

        2. 34. Schools programmes.

        3. 35. Subtitling for the deaf.

        4. 36. Party political broadcasts.

        5. 37. Announcements of programme schedules.

        6. 38. Promotion of equal opportunities in relation to employment by licence holder.

        7. 39. Networking arrangements between holder

    3. Chapter III

      Satellite Television Services

      1. 43. Domestic and non-domestic satellite services.

      2. 44. Licensing etc. of domestic satellite services.

      3. 45. Licensing etc. of non-domestic satellite services.

    4. Chapter IV

      Licensable Programme Services

      1. 46. Licensable programme services.

      2. 47. Licensing etc. of licensable programme services.

    5. Chapter V

      Additional Services Provided on Television Broadcasting Frequencies

      1. 48. Additional services.

      2. 49. Licensing of additional services.

      3. 50. Applications for additional services licences.

      4. 51. Procedure to be followed by Commission in connection with consideration of applications for, and awarding of, licences.

      5. 52. Additional payments to be made in respect of additional services licences.

      6. 53. Duration of licences, and renewal of licences for provision of services on assigned frequencies.

      7. 54. Additional services not to interfere with other transmissions.

      8. 55. Enforcement of additional services licences.

    6. Chapter VI

      Television Broadcasting by Welsh Authority

      1. 56. Welsh Authority to continue in existence as Sianel Pedwar Cymru.

      2. 57. Function and duties of Welsh Authority.

      3. 58. Sources of programmes for S4C.

      4. 59. Requirements to be complied with in relation to S4C programmes.

      5. 60. Advertising on S4C.

      6. 61. Funding of Welsh Authority.

      7. 62. Information to be supplied to Commission by Welsh Authority.

      8. 63. Government control over S4C.

      9. 64. Audience research by Welsh Authority.

    7. Chapter VII

      Supplemental

      1. 65. Assignment of frequencies by Secretary of State.

      2. 66. Requirements relating to transmission and distribution of services.

      3. 67. Computation of qualifying revenue.

      4. 68. Certain receipts of Commission to be paid into Consolidated Fund.

      5. 69. Frequency planning and research and development.

      6. 70. Representation by Commission of Government and other interests in connection with broadcasting matters.

      7. 71. Interpretation of Part I.

  2. Part II

    Local Delivery Services

    1. Preliminary

      1. 72. Local delivery services.

    2. Licensing of local delivery services

      1. 73. Licensing of local delivery services.

      2. 74. Applications for local delivery licences.

      3. 75. Procedure to be followed by Commission in connection with consideration of applications for licences.

      4. 76. Award of licence to person submitting highest cash bid.

      5. 77. Additional payments to be made in respect of local delivery licences.

      6. 78. Duration and renewal of local delivery licences.

    3. Regulation of delivery of certain programmes

      1. 79. Regulation of delivery of programmes provided by licence holder and foreign satellite programmes.

      2. 80. Directions requiring licence holder to cease relaying foreign television programmes.

    4. Enforcement of licences

      1. 81. Enforcement of local delivery licences.

    5. Prohibition on providing unlicensed local delivery services

      1. 82. Prohibition on providing local delivery services without a licence.

  3. Part III

    Independent Radio Services

    1. Chapter I

      Regulation by Authority of Independent Radio Services Generally

      1. Establishment of Radio Authority

        1. 83. The Radio Authority.

      2. Function of Authority

        1. 84. Regulation by Authority of independent radio services.

        2. 85. Licensing functions of Authority.

      3. General provisions about licences

        1. 86. Licences under Part III.

        2. 87. General licence conditions.

        3. 88. Restrictions on the holding of licences.

        4. 89. Disqualification for holding licence on grounds of conviction for transmitting offence.

      4. General provisions about licensed services

        1. 90. General requirements as to licensed services.

        2. 91. General code for programmes.

        3. 92. General provisions as to advertisements.

        4. 93. Control of advertisements.

        5. 94. Government control over licensed services.

        6. 95. Monitoring by Authority of programmes included in licensed services.

        7. 96. Audience research.

      5. Prohibition on providing unlicensed independent radio services

        1. 97. Prohibition on providing independent radio services without a licence.

    2. Chapter II

      Sound Broadcasting Services

      1. National services

        1. 98. Applications for national licences.

        2. 99. Procedure to be followed by Authority in connection with consideration of applications for national licences.

        3. 100. Award of national licence to person submitting highest cash bid.

        4. 101. Failure to begin providing licensed service and financial penalties on revocation of licence.

        5. 102. Additional payments to be made in respect of national licences.

        6. 103. Restriction on changes in control over holder of national licence.

      2. Local and other services

        1. 104. Applications for other licences.

        2. 105. Special requirements relating to grant of local licences.

      3. Miscellaneous provisions relating to national and local services

        1. 106. Requirements as to character and coverage of national and local services.

        2. 107. Party political broadcasts.

        3. 108. Promotion of equal opportunities in relation to employment by holder of national licence.

      4. Enforcement of licences

        1. 109. Power to require scripts etc. or broadcasting of correction or apology.

        2. 110. Power to impose financial penalty or suspend or shorten licence period.

        3. 111. Power to revoke licences.

    3. Chapter III

      Licensable Sound Programme Services

      1. 112. Licensable sound programme services.

      2. 113. Licensing etc. of licensable sound programme services.

    4. Chapter IV

      Additional Services Provided on Sound Broadcasting Frequencies

      1. 114. Additional services.

      2. 115. Licensing of additional services.

      3. 116. Applications for additional services licences.

      4. 117. Procedure to be followed by Authority in connection with consideration of applications for, and awarding of, licences.

      5. 118. Additional payments to be made in respect of additional services licences.

      6. 119. Additional services not to interfere with other transmissions.

      7. 120. Enforcement of additional services licences.

    5. Chapter V

      Supplemental

      1. 121. Computation of qualifying revenue.

      2. 122. Certain receipts of Authority to be paid into Consolidated Fund.

      3. 123. Frequency planning and general research and development.

      4. 124. Authority to assist Secretary of State in connection with licensing functions under 1949 Act.

      5. 125. Representation by Authority of Government and other interests in connection with broadcasting matters.

      6. 126. Interpretation of Part III.

  4. Part IV

    Transfer of Undertakings of IBA and Cable Authority

    1. Transfer of undertakings

      1. 127. Division of assets of IBA and their dissolution.

      2. 128. Vesting in Commission of assets of Cable Authority and dissolution of Authority.

    2. Transitional arrangements

      1. 129. Transitional arrangements relating to IBA's broadcasting services.

      2. 130. Variation of programme contracts to take account of new transmission arrangements.

      3. 131. Supplementary provisions relating to variation of programme contracts.

      4. 132. Disposal by IBA of DBS transmitting equipment etc.

      5. 133. Functions exercisable by IBA before transfer date in connection with local sound broadcasting.

      6. 134. Transitional arrangements relating to existing cable services.

    3. Provisions relating to nominated company

      1. 135. Initial Government holding in nominated company.

      2. 136. Exercise of functions through nominees.

      3. 137. Target investment limit for Government shareholding in nominated company.

      4. 138. Reserves of nominated company.

      5. 139. Loans by Secretary of State to nominated company.

      6. 140. Temporary restriction on borrowings of nominated company.

    4. General

      1. 141. Interpretation of Part IV.

  5. Part V

    The Broadcasting Complaints Commission

    1. 142. The Broadcasting Complaints Commission.

    2. 143. Function of BCC.

    3. 144. Making and entertaining of complaints.

    4. 145. Consideration of complaints.

    5. 146. Publication of BCC's findings.

    6. 147. Duty to publicise BCC.

    7. 148. Annual reports.

    8. 149. Contributions towards cost of BCC.

    9. 150. Interpretation of Part V.

  6. Part VI

    The Broadcasting Standards Council

    1. 151. The Broadcasting Standards Council.

    2. 152. Preparation by Council of code relating to broadcasting standards.

    3. 153. Monitoring by Council of broadcasting standards.

    4. 154. Consideration by Council of complaints relating to broadcasting standards.

    5. 155. Consideration of complaints.

    6. 156. Publication of Council's findings.

    7. 157. Power of Council to commission research.

    8. 158. International representation by Council of Government interests.

    9. 159. Duty to publicise Council.

    10. 160. Annual reports.

    11. 161. Interpretation of Part VI.

  7. Part VII

    Prohibition on Inclusion of Obscene and Other Material in Programme Services

    1. Obscenity

      1. 162. Obscenity in programme services: England and Wales.

      2. 163. Obscenity in programme services: Scotland.

    2. Racially inflammatory material etc.

      1. 164. Inclusion in programme services in Great Britain of racially inflammatory material.

      2. 165. Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.

    3. Defamation

      1. 166. Defamatory material.

    4. Supplementary

      1. 167. Power to make copies of recordings.

  8. Part VIII

    Provisions Relating to Wireless Telegraphy

    1. 168. Offence of keeping wireless telegraphy station or apparatus available for unauthorised use.

    2. 169. Offence of allowing premises to be used for purpose of unlawful broadcasting.

    3. 170. Prohibition of acts facilitating unauthorised broadcasting.

    4. 171. Amendments of the Marine, &c., Broadcasting (Offences) Act 1967.

    5. 172. Amendments of provisions of 1949 Act relating to penalties and forfeiture.

    6. 173. Extension of search and seizure powers in relation to unlawful broadcasting etc.

    7. 174. Application of Part VIII to Isle of Man and Channel Islands.

  9. Part IX

    Copyright and Related Matters

    1. 175. Use as of right of sound recordings in broadcasts and cable programme services.

    2. 176. Duty to provide advance information about programmes.

  10. Part X

    Miscellaneous and General

    1. Foreign satellite services

      1. 177. Orders proscribing unacceptable foreign satellite services.

      2. 178. Offence of supporting proscribed foreign satellite services.

    2. Unauthorised decoders

      1. 179. Unauthorised decoders for encrypted services etc.

    3. Television licensing

      1. 180. Transfer to BBC of functions connected with television licences.

      2. 181. Certain apparatus to be deemed to be apparatus for wireless telegraphy.

    4. Listed events

      1. 182. Certain events not to be shown on pay-per-view terms.

    5. Gaelic television programmes

      1. 183. Financing of programmes in Gaelic out of Gaelic Television Fund.

      2. 184. Broadcasting of programmes in Gaelic on Channel 3 in Scotland.

    6. National television archive

      1. 185. Contributions towards maintenance of national television archive.

    7. Duties of BBC as respects independent productions

      1. 186. Duty of BBC to include independent productions in their television services.

      2. 187. Information to be furnished by BBC for purposes of reports under section 186.

    8. Power to give directions relating to international obligations

      1. 188. Power to give broadcasting bodies etc. directions relating to international obligations.

    9. Matters relating to telecommunication systems

      1. 189. Sharing of apparatus by operators of telecommunication systems.

      2. 190. Modification of certain references in Telecommunications Act licences.

      3. 191. Revocation of class licence to run broadcast relay systems.

    10. Application of competition legislation

      1. 192. Application of provisions of Fair Trading Act 1973 with respect to broadcasting and telecommunication services.

      2. 193. Modification of networking arrangements in consequence of reports under competition legislation.

      3. 194. Restrictive Trade Practices Act 1976 not to apply to networking arrangements.

    11. General

      1. 195. Offences by bodies corporate.

      2. 196<

    1. Schedule 1

      The Independent Television Commission: supplementary provisions.

    2. Schedule 2

      Restrictions on the holding of licences.

      1. Part I

        General.

      2. Part II

        Disqualification for holding licences.

      3. Part III

        Restrictions to prevent accumulations of interests in licensed services.

      4. Part IV

        Restrictions on controlling interests in both newspapers and licensed services.

      5. Part V

        Restriction on holding of licences by operators of public telecommunication systems.

    3. Schedule 3

      The Channel Four Television Corporation: supplementary provisions.

    4. Schedule 4

      References with respect to networking arrangements.

    5. Schedule 5

      Special provisions relating to public teletext service.

    6. Schedule 6

      The Welsh Authority: supplementary provisions.

    7. Schedule 7

      Qualifying revenue: supplementary provisions.

      1. Part I

        Qualifying revenue for purposes of Part I or II of this Act.

      2. Part II

        Qualifying revenue for purposes of Part III of this Act.

    8. Schedule 8

      The Radio Authority: supplementary provisions.

    9. Schedule 9

      Scheme providing for division of assets of IBA.

    10. Schedule 10

      Supplementary provisions relating to dissolution of Cable Authority.

    11. Schedule 11

      Transitional provisions relating to IBA's broadcasting services.

      1. Part I

        General.

      2. Part II

        Television broadcasting services to be provided by commission.

      3. Part III

        Replacement of DBS contracts by licences under Part I.

      4. Part IV

        Sound broadcasting services to be provided by Radio Authority.

      5. Part V

        Replacement of programme contracts by local licences.

    12. Schedule 12

      Transitional provisions relating to existing cable services.

      1. Part I

        General.

      2. Part II

        Licensing of existing cable services.

      3. Part III

        Provisions relating to licences in force under or by virtue of this Schedule.

    13. Schedule 13

      The Broadcasting Complaints Commission: supplementary provisions.

    14. Schedule 14

      The Broadcasting Standards Council: supplementary provisions.

    15. Schedule 15

      Application of 1959 Act to television and sound programmes.

    16. Schedule 16

      Amendments of the Marine, &c., Broadcasting (Offences) Act 1967.

    17. Schedule 17

      Information about programmes: copyright.

      1. Part I

        Copyright licensing.

      2. Part II

        Use of information as of right.

      3. Part III

        Supplementary.

    18. Schedule 18

      Transfer of functions connected with television licences.

      1. Part I

        Amendments of Wireless Telegraphy Act 1949.

      2. Part II

        Amendments of Part I of Wireless Telegraphy Act 1967.

    19. Schedule 19

      The Gaelic Television Committee: supplementary provisions.

    20. Schedule 20

      Minor and consequential amendments.

    21. Schedule 21

      Repeals.

    22. Schedule 22

      Transitional provisions and savings.

An Act to make new provision with respect to the provision and regulation of independent television and sound programme services and of other services provided on television or radio frequencies; to make provision with respect to the provision and regulation of local delivery services; to amend in other respects the law relating to broadcasting and the provision of television and sound programme services and to make provision with respect to the supply and use of information about programmes; to make provision with respect to the transfer of the property, rights and liabilities of the Independent Broadcasting Authority and the Cable Authority and the dissolution of those bodies; to make new provision relating to the Broadcasting Complaints Commission; to provide for the establishment and functions of a Broadcasting Standards Council; to amend the Wireless Telegraphy Acts 1949 to 1967 and the Marine, &c., Broadcasting (Offences) Act 1967; to revoke a class licence granted under the Telecommunications Act 1984 to run broadcast relay systems; and for connected purposes.

[1st November 1990]

BE IT ENACTED by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:--



Part I Independent Television Services

Chapter 1 Regulation by Commission of Television Services Generally

<<<< >>>>

Establishment of Independent Television Commission

1 The Independent Television Commission

(1) There shall be a commission to be called the Independent Television Commission (in this Part referred to as "the Commission").

(2) The Commission shall consist of--

(a) a chairman and a deputy chairman appointed by the Secretary of State; and

(b) such number of other members appointed by the Secretary of State, not being less than eight nor more than ten, as he may from time to time determine.

(3) Schedule 1 to this Act shall have effect with respect to the Commission.



Function of Commission

2 Regulation by Commission of provision of television services

(1) It shall be the function of the Commission to regulate, in accordance with this Part, the provision of the following services, namely--

(a) television programme services which are provided from places in the United Kingdom by persons other than the BBC and the Welsh Authority, and

(b) additional services which are provided from places in the United Kingdom,

and to regulate, in accordance with Part II, the provision of local delivery services (within the meaning of that Part) which are so provided.

(2) It shall be the duty of the Commission--

(a) to discharge their functions under this Part and Part II as respects the licensing of the services referred to in subsection (1) in the manner which they consider is best calculated--

(i) to ensure that a wide range of such services is available throughout the United Kingdom, and

(ii) to ensure fair and effective competition in the provision of such services and services connected with them; and

(b) to discharge their functions under this Part as respects the licensing of television programme services in the manner which they consider is best calculated to ensure the provision of such services which (taken as a whole) are of high quality and offer a wide range of programmes calculated to appeal to a variety of tastes and interests.

(3) Subsection (2)(a)(ii) shall not be construed as affecting the discharge by the Director General of Fair Trading, the Secretary of State or the Monopolies and Mergers Commission of any of his or their functions in connection with competition.

(4) In this Part--

  • "additional service" has the meaning given by section 48(1); and

  • "television programme service" means--

(a) a television broadcasting service (as defined by subsection (5));

(b) a non-domestic satellite service (as defined by section 43(2)); or

(c) a licensable programme service (as defined by section 46(1)).

(5) In this Part "television broadcasting service" means (subject to subsection (6)) a service consisting in the broadcasting of television programmes for general reception in, or in any area in, the United Kingdom, including a domestic satellite service (as defined by section 43(1)).

(6) Subsection (5) does not apply to any teletext service or any other service in the case of which the visual images broadcast in the service consist wholly or mainly of non-representational images, that is to say visual images which are neither still pictures nor comprised within sequences of visual images capable of being seen as moving pictures.



General provisions about licences

3 Licences under Part I

(1) Any licence granted by the Commission under this Part shall be in writing and (subject to the provisions of this Part) shall continue in force for such period as is provided, in relation to a licence of the kind in question, by the relevant provision of Chapter II, III, IV or V of this Part.

(2) A licence may be so granted for the provision of such a service as is specified in the licence or for the provision of a service of such a description as is so specified.

(3) The Commission--

(a) shall not grant a licence to any person unless they are satisfied that he is a fit and proper person to hold it; and

(b) shall do all that they can to secure that, if they cease to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence;

and nothing in this Part shall be construed as affecting the operation of this subsection or of section 5(1) or (2)(b) or (c).

(4) The Commission may vary a licence by a notice served on the licence holder if--

(a) in the case of a variation of the period for which the licence is to continue in force, the licence holder consents; or

(b) in the case of any other variation, the licence holder has been given a reasonable opportunity of making representations to the Commission about the variation.

(5) Paragraph (a) of subsection (4) does not affect the operation of section 41(1)(b); and that subsection shall not authorise the variation of any conditions included in a licence in pursuance of section 19(1) or 52(1) or in pursuance of any other provision of this Part which applies section 19(1).

(6) A licence granted to any person under this Part shall not be transferable to any other person without the previous consent in writing of the Commission.

(7) Without prejudice to the generality of subsection (6), the Commission shall not give their consent for the purposes of that subsection unless they are satisfied that any such other person would be in a position to comply with all of the conditions included in the licence which would have effect during the period for which it is to be in force.

(8) The holding by any person of a licence to provide any service shall not relieve him of any requirement to hold a licence under section 1 of the [1949 c. 54.] Wireless Telegraphy Act 1949 or section 7 of the [1984 c. 12.] Telecommunications Act 1984 in connection with the provision of that service.

4 General licence conditions

(1) A licence may include--

(a) such conditions as appear to the Commission to be appropriate having regard to any duties which are or may be imposed on them, or on the licence holder, by or under this Act;

(b) conditions requiring the payment by the licence holder to the Commission (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;

(c) conditions requiring the licence holder to provide the Commission, in such manner and at such times as they may reasonably require, with such information as they may require for the purpose of exercising the functions assigned to them by or under this Act;

(d) conditions providing for such incidental and supplemental matters as appear to the Commission to be appropriate.

(2) A licence may in particular include conditions requiring the licence holder--

(a) to comply with any direction given by the Commission as to such matters as are specified in the licence or are of a description so specified; or

(b) (except to the extent that the Commission consent to his doing or not doing them) not to do or to do such things as are specified in the licence or are of a description so specified.

(3) The fees required to be paid to the Commission by virtue of subsection (1)(b) shall be in accordance with such tariff as may from time to time be fixed by the Commission; and the amount of any fee which is to be so paid by the holder of a licence of a particular class or description shall be such as to represent what appears to the Commission to be the appropriate contribution of the holder of such a licence towards meeting the sums which the Commission regard as necessary in order to discharge their duty under paragraph 12(1) of Schedule 1 to this Act.

(4) A tariff fixed under subsection (3) may specify different fees in relation to different cases or circumstances; and the Commission shall publish every such tariff in such manner as they consider appropriate.

(5) Where the holder of any licence--

(a) is required by virtue of any condition imposed under this Part to provide the Commission with any information, and

(b) in purported compliance with that condition provides them with information which is false in a material particular,

he shall be taken for the purposes of sections 41 and 42 to have failed to comply with that condition.

(6) Nothing in this Act which authorises or requires the inclusion in a licence of conditions relating to any particular matter or having effect for any particular purpose shall be taken as derogating from the generality of subsection (1).

5 Restrictions on the holding of licences

(1) The Commission shall do all that they can to secure--

(a) that a person does not become or remain the holder of a licence if he is a person who is a disqualified person in relation to that licence by virtue of Part II of Schedule 2 to this Act; and

(b) that any requirements imposed by or under Parts III to V of that Schedule are complied with by or in relation to persons holding licences in relation to which those requirements apply.

(2) The Commission may accordingly--

(a) require any applicant for a licence to provide them with such information as they may reasonably require for the purpose of determining--

(i) whether he is such a disqualified person as is mentioned in subsection (1)(a),

(ii) whether any such requirements as are mentioned in subsection (1)(b) would preclude them from granting a licence to him, and

(iii) if so, what steps would be required to be taken by or in relation to him in order for any such requirements to be complied with;

(b) revoke the award of a licence to a body where a relevant change takes place after the award, but before the grant, of the licence;

(c) make the grant of a licence to any person conditional on the taking of any specified steps that appear to them to be required to be taken as mentioned in paragraph (a)(iii);

(d) impose conditions in any licence enabling them to require the licence holder, if a body corporate, to give to them advance notice of proposals affecting--

(i) shareholdings in the body, or

(ii) the directors of the body,

where such proposals are known to the body;

(e) impose conditions in any licence enabling them to give the licence holder directions requiring him to take, or arrange for the taking of, any specified steps appearing to them to be required to be taken in order for any such requirements as are mentioned in subsection (1)(b) to be complied with.

(3) Where the Commission--

(a) revoke the award of any licence in pursuance of subsection (2)(b), or

(b) determine that any condition imposed by them in relation to any licence in pursuance of subsection (2)(c) has not been satisfied,

any provisions of this Part relating to the awarding of licences of the kind in question shall (subject to subsection (4)) have effect as if the person to whom the licence was awarded or granted had not made an application for it.

(4) Those provisions shall not so have effect if the Commission decide that it would be desirable to publish a fresh notice under this Part in respect of the grant of a licence, or (as the case may be) a further licence, to provide the service in question.

(5) Every licence shall include such conditions as the Commission consider necessary or expedient to ensure that where--

(a) the holder of the licence is a body, and

(b) a relevant change takes place after the grant of the licence,

the Commission may revoke the licence by notice served on the holder of the licence and taking effect forthwith or on a date specified in the notice.

(6) The Commission shall not serve any such notice on the licence holder unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(7) In this section "relevant change", in relation to a body to which a licence has been awarded or granted, means--

(a) any change affecting the nature or characteristics of the body, or

(b) any change in the persons having control over or interests in the body,

being (in either case) a change which is such that, if it fell to the Commission to determine whether to award the licence to the body in the new circumstances of the case, they would be induced by the change to refrain from so awarding it.



General provisions about licensed services

6 General requirements as to licensed services

(1) The Commission shall do all that they can to secure that every licensed service complies with the following requirements, namely--

(a) that nothing is included in its programmes which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling;

(b) that any news given (in whatever form) in its programmes is presented with due accuracy and impartiality;

(c) that due impartiality is preserved on the part of the person providing the service as respects matters of political or industrial controversy or relating to current public policy;

(d) that due responsibility is exercised with respect to the content of any of its programmes which are religious programmes, and that in particular any such programmes do not involve--

(i) any improper exploitation of any susceptibilities of those watching the programmes, or

(ii) any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination; and

(e) that its programmes do not include any technical device which, by using images of very brief duration or by any other means, exploits the possibility of conveying a message to, or otherwise influencing the minds of, persons watching the programmes without their being aware, or fully aware, of what has occurred.

(2) In applying subsection (1)(c) a series of programmes may be considered as a whole.

(3) The Commission shall--

(a) draw up, and from time to time review, a code giving guidance as to the rules to be observed in connection with the application of subsection (1)(c) in relation to licensed services; and

(b) do all that they can to secure that the provisions of the code are observed in the provision of licensed services;

and the Commission may make different provision in the code for different cases or circumstances.

(4) Without prejudice to the generality of subsection (1), the Commission shall do all that they can to secure that there are excluded from the programmes included in a licensed service all expressions of the views and opinions of the person providing the service on matters (other than the provision of programme services) which are of political or industrial controversy or relate to current public policy.

(5) The rules specified in the code referred to in subsection (3) shall, in particular, take account of the following matters--

(a) that due impartiality should be preserved on the part of the person providing a licensed service as respects major matters falling within subsection (1)(c) as well as matters falling within that provision taken as a whole; and

(b) the need to determine what constitutes a series of programmes for the purposes of subsection (2).

(6) The rules so specified shall, in addition, indicate to such extent as the Commission consider appropriate--

(a) what due impartiality does and does not require, either generally or in relation to particular circumstances;

(b) the ways in which due impartiality may be achieved in connection with programmes of particular descriptions;

(c) the period within which a programme should be included in a licensed service if its inclusion is intended to secure that due impartiality is achieved for the purposes of subsection (1)(c) in connection with that programme and any programme previously included in that service taken together; and

(d) in relation to any inclusion in a licensed service of a series of programmes which is of a description specified in the rules--

(i) that the dates and times of the other programmes comprised in the series should be announced at the time when the first programme so comprised is included in that service, or

(ii) if that is not practicable, that advance notice should be given by other means of subsequent programmes so comprised which include material intended to secure, or assist in securing, that due impartiality is achieved in connection with the series as a whole;

and those rules shall, in particular, indicate that due impartiality does not require absolute neutrality on every issue or detachment from fundamental democratic principles.

(7) The Commission shall publish the code drawn up under subsection (3), and every revision of it, in such manner as they consider appropriate.

(8) Nothing in this section or in sections 7 to 12 has effect in relation to any licensed service which is an additional service other than the teletext service referred to in section 49(2).

7 General code for programmes

(1) The Commission shall draw up, and from time to time review, a code giving guidance--

(a) as to the rules to be observed with respect to the showing of violence, or the inclusion of sounds suggestive of violence, in programmes included in licensed services, particularly when large numbers of children and young persons may be expected to be watching the programmes;

(b) as to the rules to be observed with respect to the inclusion in such programmes of appeals for donations; and

(c) as to such other matters concerning standards and practice for such programmes as the Commission may consider suitable for inclusion in the code;

and the Commission shall do all that they can to secure that the provisions of the code are observed in the provision of licensed services.

(2) In considering what other matters ought to be included in the code in pursuance of subsection (1)(c), the Commission shall have special regard to programmes included in licensed services in circumstances such that large numbers of children and young persons may be expected to be watching the programmes.

(3) The Commission shall, in drawing up or revising the code under this section, 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 subsection.

(4) The Commission shall publish the code drawn up under this section, and every revision of it, in such manner as they consider appropriate.

8 General provisions as to advertisements

(1) The Commission shall do all that they can to secure that the rules specified in subsection (2) are complied with in relation to licensed services.

(2) Those rules are as follows--

(a) a licensed service must not include--

(i) any advertisement which is inserted by or on behalf of any body whose objects are wholly or mainly of a political nature,

(ii) any advertisement which is directed towards any political end, or

(iii) any advertisement which has any relation to any industrial dispute (other than an advertisement of a public service nature inserted by, or on behalf of, a government department);

(b) in the acceptance of advertisements for inclusion in a licensed service there must be no unreasonable discrimination either against or in favour of any particular advertiser; and

(c) a licensed service must not, without the previous approval of the Commission, include a programme which is sponsored by any person whose business consists, wholly or mainly, in the manufacture or supply of a product, or in the provision of a service, which the licence holder is prohibited from advertising by virtue of any provision of section 9.

(3) Nothing in subsection (2) shall be construed as prohibiting the inclusion in a licensed service of any party political broadcast which complies with the rules (so far as applicable) made by the Commission for the purposes of section 36.

(4) After consultation with the Commission the Secretary of State may make regulations amending, repealing, or adding to the rules specified in subsection (2); but no such regulations shall be made unless a draft of the regulations has been laid before and approved by a resolution of each House of Parliament.

(5) The Commission shall not act as an advertising agent.

9 Control of advertisements

(1) It shall be the duty of the Commission--

(a) after the appropriate consultation, to draw up, and from time to time review, a code--

(i) governing standards and practice in advertising and in the sponsoring of programmes, and

(ii) prescribing the advertisements and methods of advertising or sponsorship to be prohibited, or to be prohibited in particular circumstances; and

(b) to do all that they can to secure that the provisions of the code are observed in the provision of licensed services;

and the Commission may make different provision in the code for different kinds of licensed services.

(2) In subsection (1) "the appropriate consultation" means consultation with--

(a) the Radio Authority;

(b) every person who is the holder of a licence under this Part;

(c) such bodies or persons appearing to the Commission to represent each of the following, namely--

(i) viewers,

(ii) advertisers, and

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