(1) It shall be the duty of each broadcasting or regulatory body to arrange for the publication (by means of broadcasts or otherwise) of regular announcements publicising the BCC.
(2) Any such announcements may contain a statement of the difference between the kinds of complaints that may be considered by the BCC and those that may be considered by the Broadcasting Standards Council established by this Act.
(3) Any licence to provide a licensed service which is granted by a regulatory body under this Act shall include conditions requiring the licence holder to comply with such directions as may be given to him by that body in connection with the performance by them of their duty under subsection (1).
(1) As soon as possible after the end of every financial year the BCC shall prepare a report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament.
(2) The report shall have attached to it the statement of accounts for the year and a copy of any report made by the auditors on that statement.
(3) The BCC shall send a copy of the report—
(a) to each broadcasting or regulatory body; and
(b) to every person providing a licensed service.
(1) For the financial year which includes the commencement of this section and each subsequent financial year the Secretary of State shall notify—
(a) to each regulatory body the sum which he considers to be the appropriate contribution of that body, in respect of persons providing licensed services under licences granted by that body, towards the expenses of the BCC; and
(b) to the Welsh Authority the sum which he considers to be the appropriate contribution of that body towards such expenses.
(2) Each regulatory body and the Welsh Authority shall pay to the Secretary of State any sum notified to them under subsection (1).
In this Part—
“appropriate regulatory body”, in relation to a programme included in a licensed service, means the regulatory body by whom that service is licensed;
“the BCC” means the Broadcasting Complaints Commission;
“broadcasting body” means the BBC or the Welsh Authority;
“complaint” means a complaint to the BCC of any such unjust or unfair treatment or unwarranted infringement of privacy as is mentioned in section 143(1);
“licensed service” means—
(a) a television programme service (within the meaning of Part I of this Act), or
(b) an independent radio service falling within paragraph (a) or (b) of section 84(1),
which is licensed under Part I or (as the case may be) Part III of this Act, or any additional service (within the meaning of Part I or III of this Act) which is licensed under that Part of this Act and constitutes a teletext service;
“participant”, in relation to a programme, means a person who appeared, or whose voice was heard, in the programme;
“the person affected”—
(a) in relation to any such unjust or unfair treatment as is mentioned in section 143(1), means a participant in the programme in question who was the subject of that treatment or a person who, whether such a participant or not, had a direct interest in the subject-matter of that treatment; and
(b) in relation to any such unwarranted infringement of privacy as is so mentioned, means a person whose privacy was infringed;
“regulatory body” means the Independent Television Commission or the Radio Authority;
“the relevant programme”, in relation to a complaint, means the programme to which the complaint relates;
“television programme” includes a teletext transmission, and references to programmes shall be construed accordingly;
“unjust or unfair treatment” includes treatment which is unjust or unfair because of the way in which material included in a programme has been selected or arranged.
(1) The council which at the commencement of this section is known as the Broadcasting Standards Council shall be, by that name, a body corporate and as such shall be constituted in accordance with, and have the functions conferred by, this Act.
(2) The Council 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 four, as he may from time to time determine.
(3) Schedule 14 to this Act shall have effect with respect to the Council.
152 Preparation by Council of code relating to broadcasting standards.
(1) It shall be the duty of the Council to draw up, and from time to time review, a code giving guidance as to—
(a) practices to be followed in connection with the portrayal of violence in programmes to which this Part applies,
(b) practices to be followed in connection with the portrayal of sexual conduct in such programmes, and
(c) standards of taste and decency for such programmes generally.
(2) This Part applies to—
(a) any television or sound programme broadcast by the BBC;
(b) any television programme broadcast by the Welsh Authority; and
(c) any television or sound programme included in a licensed service.
(3) It shall be the duty of each broadcasting or regulatory body, when drawing up or revising any code relating to standards and practice for programmes, to reflect the general effect of so much of the code referred to in subsection (1) (as for the time being in force) as is relevant to the programmes in question.
(4) The Council shall from time to time publish the code referred to in subsection (1) (as for the time being in force).
(5) Before drawing up or revising the code the Council shall consult—
(a) each broadcasting or regulatory body; and
(b) such other persons as appear to the Council to be appropriate.
153 Monitoring by Council of broadcasting standards.
(1) It shall be the duty of the Council to monitor programmes to which this Part applies with a view to enabling the Council—
(a) to make reports on the portrayal of violence and sexual conduct in, and the standards of taste and decency attained by, such programmes generally, and
(b) to determine whether to issue complaints in respect of such programmes under section 154(7).
(2) Subject to section 160(2), the Council may make reports on the matters specified in subsection (1)(a) on such occasions as they think fit; and any such report may include an assessment of either or both of the following, namely—
(a) the attitudes of the public at large towards the portrayal of violence or sexual conduct in, or towards the standards of taste and decency attained by, programmes to which this Part applies; and
(b) any effects or potential effects on the attitudes or behaviour of particular categories of persons of the portrayal of violence or sexual conduct in such programmes or of any failure on the part of such programmes to attain such standards.
(3) The Council may publish any report made by them in pursuance of subsection (1)(a).
(4) The Council shall have the further duty of monitoring, so far as is reasonably practicable, all television and sound programmes which are transmitted or sent from outside the United Kingdom but are capable of being received there, with a view to ascertaining—
(a) how violence and sexual conduct are portrayed in those programmes; and
(b) the extent to which those programmes meet standards of taste and decency.
(5) The Council may make a report to the Secretary of State on any issues identified by them in the course of carrying out their duty under subsection (4) and appearing to them to raise questions of general broadcasting policy.
154 Consideration by Council of complaints relating to broadcasting standards.
(1) Subject to the provisions of this section, it shall be the duty of the Council to consider complaints which are made to them under this section and relate—
(a) to the portrayal of violence or sexual conduct in programmes to which this Part applies, or
(b) to alleged failures on the part of such programmes to attain standards of taste and decency,
and to make findings on such complaints, taking into account any relevant provisions of the code.
(2) Any such complaint must be in writing and give particulars of the matters complained of.
(3) The Council shall not entertain a complaint which is made—
(a) where the relevant programme is a television programme, more than two months after the relevant date, or
(b) where the relevant programme is a sound programme, more than three weeks after that date,
unless it appears to them that in the particular circumstances it is appropriate for them to do so.
(4) In subsection (3) “the relevant date” means—
(a) the date on which the relevant programme was broadcast by a broadcasting body or included in a licensed service, or
(b) where it has been so broadcast or included on more than one occasion, the date on which it was last so broadcast or included.
(5) The Council shall not entertain, or proceed with the consideration of, a complaint if it appears to them—
(a) that the matter complained of is the subject of proceedings in a court of law in the United Kingdom, or
(b) that the matter complained of is a matter in respect of which the complainant has a remedy by way of proceedings in a court of law in the United Kingdom, and that in the particular circumstances it is not appropriate for the Council to consider a complaint about it, or
(c) that the complaint is frivolous, or
(d) that for any other reason it is inappropriate for them to entertain, or proceed with the consideration of, the complaint.
(6) Where, apart from this subsection, there would fall to be considered by the Council two or more complaints which appear to them to raise the same, or substantially the same, issue or issues in relation to a particular programme, the Council may determine that those complaints shall be treated for the purposes of this Part as constituting a single complaint.
(7) If it appears to the Council to be appropriate to do so, they may of their own motion issue complaints relating to matters falling within subsection (1)(a) or (b).
(8) Any such complaint shall give particulars of the matters complained of.
(1) Subject to the provisions of section 154, every complaint made to or issued by the Council under that section shall be considered by them either without a hearing or, if they think fit, at a hearing (and any such hearing shall be held in private unless the Council decide otherwise).
(2) Before the Council proceed to consider a complaint they shall send a copy of it—
(a) to the relevant person; and
(b) where the relevant programme was included in a licensed service, to the appropriate regulatory body.
(3) Where the relevant person receives from the Council a copy of the complaint, it shall be the duty of that person, if so required by the Council—
(a) to provide the Council with a visual or sound recording of the relevant programme or any specified part of it, if and so far as he has such a recording in his possession;
(b) to provide the Council with a transcript of so much of the relevant programme, or of any specified part of it, as consisted of speech, if and so far as he is able to do so;
(c) to provide the Council with copies of any documents in his possession, being the originals or copies of any correspondence between him and the complainant in connection with the complaint;
(d) to furnish to the Council a written statement in answer to the complaint.
(4) Where a hearing is held in respect of a complaint, the following persons shall be given an opportunity to attend and be heard, namely—
(a) the complainant;
(b) the relevant person;
(c) where the relevant programme was included in a licensed service, the appropriate regulatory body;
(d) any person not within any of paragraphs (a) to (c) who appears to the Council to have been responsible for the making or provision of that programme; and
(e) any other person who the Council consider might be able to assist at the hearing.
(5) In a case where the Council have made a determination in respect of any complaints under subsection (6) of section 154, subsection (4)(a) above shall be construed as referring to such one or more of the persons who made those complaints as the Council may determine; and in relation to a complaint issued by the Council under subsection (7) of that section, subsection (4) above shall have effect as if paragraph (a) were omitted.
(6) The Council may, if they think fit, make to any person who attends a hearing in connection with a complaint such payments as they think fit by way of travelling allowance or subsistence allowance where expenditure on travelling or, as the case may be, on subsistence is necessarily incurred by him for the purpose of enabling him so to attend.
(7) In this section “the relevant person” means—
(a) in a case where the relevant programme was broadcast by a broadcasting body, that body; and
(b) in a case where the relevant programme was included in a licensed service, the licence holder providing that service.
(1) Where the Council have considered and made their findings on any complaint, they may give the following directions, namely—
(a) where the relevant programme was broadcast by a broadcasting body, directions requiring that body to publish the matters mentioned in subsection (2) in such manner, and within such period, as may be specified in the directions; and
(b) where the relevant programme was included in a licensed service, directions requiring the appropriate regulatory body to direct the licence holder to publish those matters in such manner, and within such period, as may be so specified.
(2) Those matters are—
(a) a summary of the complaint; and
(b) the Council’s findings, and any observations by them, on the complaint, or a summary of those findings and any such observations.
(3) The form and content of any such summary as is mentioned in subsection (2)(a) or (b) shall be such as may be approved by the Council.
(4) A broadcasting or regulatory body shall comply with any directions given to them under this section.
(5) Any licence to provide a licensed service which is granted by a regulatory body under this Act shall include conditions requiring the licence holder to comply with such directions as may be given to him by that body for the purpose of enabling them to comply with any directions given to them under this section.
(1) The Council may make arrangements for the undertaking of research into matters related to or connected with—
(a) the portrayal of violence or sexual conduct in programmes to which this Part applies, or
(b) standards of taste and decency for such programmes generally.
(2) The matters into which research may be undertaken in pursuance of subsection (1) include, in particular, matters falling within section 153(2)(a) and (b).
(3) Arrangements made under subsection (1) shall secure that, so far as is reasonably practicable, any research undertaken in pursuance of the arrangements is undertaken by persons who are neither members nor employees of the Council.
(4) The Council may publish the results of any research undertaken in pursuance of subsection (1).
158 International representation by Council of Government interests.
The functions of the Council shall include representing Her Majesty’s Government in the United Kingdom, at the request of the Secretary of State, on international bodies concerned with setting standards for television programmes.
(1) It shall be the duty of each broadcasting or regulatory body to arrange for the publication (by means of broadcasts or otherwise) of regular announcements publicising the Council.
(2) Any such announcements may contain a statement of the difference between the kinds of complaints that may be considered by the Council and those that may be considered by the Broadcasting Complaints Commission.
(3) Any licence to provide a licensed service which is granted by a regulatory body under this Act shall include conditions requiring the licence holder to comply with such directions as may be given to him by that body in connection with the performance by them of their duty under subsection (1).
(1) As soon as possible after the end of every financial year the Council shall prepare a report of their proceedings during that year, and transmit it to the Secretary of State who shall lay copies of it before each House of Parliament.
(2) The report shall include a report by the Council on the matters specified in section 153(1)(a).
(3) The Council shall send a copy of the report—
(a) to each broadcasting or regulatory body; and
(b) to every person providing a licensed service.
(1) In this Part—
“the appropriate regulatory body”, in relation to a programme included in a licensed service, means the regulatory body by whom that service is licensed;
“broadcasting body” means the BBC or the Welsh Authority;
“the code” means the code referred to in section 152(1) (as for the time being in force);
“the Council” means the Broadcasting Standards Council;
“licensed service” means—
(a) a television programme service (within the meaning of Part I of this Act), or
(b) an independent radio service falling within paragraph (a) or (b) of section 84(1),
which is licensed under Part I or (as the case may be) Part III of this Act, or so much of any licensed delivery service (within the meaning of Part II of this Act) as is, by virtue of section 79(2) or (4), treated as the provision of a service licensed under Part I of this Act;
“regulatory body” means the Independent Television Commission or the Radio Authority;
“the relevant programme”, in relation to a complaint, means the programme to which the complaint relates;
“sexual conduct” means any form of sexual activity or other sexual behaviour.
(2) Any reference in this Part to programmes to which this Part applies shall be construed in accordance with section 152(2).
162 Obscenity in programme services: England and Wales.
(1) In section 1 of the Obscene Publications Act 1959 (test of obscenity)—
(a) the proviso to subsection (3) (exemption for television and sound broadcasting) shall cease to have effect; and
(b) the following subsections shall be added after that subsection—
(4) For the purposes of this Act a person also publishes an article to the extent that any matter recorded on it is included by him in a programme included in a programme service.
(5) Where the inclusion of any matter in a programme so included would, if that matter were recorded matter, constitute the publication of an obscene article for the purposes of this Act by virtue of subsection (4) above, this Act shall have effect in relation to the inclusion of that matter in that programme as if it were recorded matter.
(6) In this section “programme” and “programme service” have the same meaning as in the Broadcasting Act 1990.
(2) Schedule 15 to this Act shall have effect for the purpose of supplementing subsection (1) above.
(1) Section 51 of the Civic Government (Scotland) Act 1982 (offences of displaying, publishing, etc. of obscene material) shall be amended in accordance with the following provisions of this section.
(2) After subsection (2) there shall be inserted the following subsection—
(2A) Subject to subsection (4) below, any person who—
(a) is responsible for the inclusion of any obscene material in a programme included in a programme service; or
(b) with a view to its eventual inclusion in a programme so included, makes, prints, has or keeps any obscene material,
shall be guilty of an offence under this section.
(3) In subsection (6), paragraph (a) shall cease to have effect.
(4) In subsection (8)—
(a) in the definition of “material”, the words from “and” onwards shall be omitted;
(b) after the definition of “prescribed sum” there shall be inserted—
“programme” and “programme service” have the same meaning as in the Broadcasting Act 1990;
and
(c) the word “showing,” shall be omitted.
164 Inclusion in programme services in Great Britain of racially inflammatory material.
(1) Part III of the Public Order Act 1986 (racial hatred) shall be amended as follows.
(2) In each of the following provisions, namely—
(a) section 18(6) (exemption from prohibition applying to use of threatening words etc.),
(b) section 20(3)(c) (exemption from prohibition applying to public performances of plays), and
(c) section 21(4) (exemption from prohibition applying to distribution etc. of recordings),
for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”.
(3) In section 22 (broadcasting or including programme in cable programme service)—
(a) in subsections (1), (3)(b), (4)(a) and (5)(a), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ included in a programme service ”; and
(b) the following provisions shall be omitted, namely—
(i) in subsection (2), the words “broadcasting or cable”,
(ii) in subsections (4)(b) and (5)(b), the words “broadcast or”, wherever occurring,
(iii) subsection (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), and
(iv) subsection (8) (application of certain provisions of the Cable and Broadcasting Act 1984).
(4) In section 23 (possession of racially inflammatory material)—
(a) in subsection (1), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ or included in a programme service ”;
(b) in subsection (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted “ or inclusion in a programme service ”; and
(c) subsection (4) (exemption for material kept by BBC or Independent Broadcasting Authority) shall be omitted.
(5) In section 29 (interpretation)—
(a) the definitions of “broadcast” and “cable programme service” shall be omitted;
(b) in the definition of “programme”, for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”; and
(c) the following definition shall be inserted after that definition—
“programme service” has the same meaning as in the Broadcasting Act 1990;
.
165 Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.
(1) Part III of the Public Order (Northern Ireland) Order 1987 (stirring up hatred or arousing fear) shall be amended as follows.
(2) In each of the following provisions, namely—
(a) Article 9(5) (exemption from prohibition applying to use of threatening words etc.), and
(b) Article 11(4) (exemption from prohibition applying to distribution etc. of recordings),
for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”.
(3) In Article 12 (broadcasting or including programme in cable programme service)—
(a) in paragraphs (1), (3)(b), (4)(a) and (5)(a), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ included in a programme service ”; and
(b) the following provisions shall be omitted—
(i) in paragraph (2)(a), the words “broadcasting or cable”,
(ii) in paragraphs (4)(b) and (5)(b), the words “broadcast or”, wherever occurring,
(iii) paragraph (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), and
(iv) paragraph (8) (application of certain provisions of Cable and Broadcasting Act 1984).
(4) In Article 13 (possession of matter intended or likely to stir up hatred or arouse fear)—
(a) in paragraph (1), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ or included in a programme service ”
(b) in paragraph (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted “ or inclusion in a programme service ” and
(c) paragraph (4) (exemption for material kept by BBC or Independent Broadcasting Authority) shall be omitted.
(5) In Article 17 (interpretation)—
(a) the definitions of “broadcast” and “cable programme service” shall be omitted;
(b) in the definition of “programme”, for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”; and
(c) the following definition shall be inserted after that definition—
“ “programme service” has the same meaning as in the Broadcasting Act 1990;”.
(1) For the purposes of the law of libel and slander ... the publication of words in the course of any programme included in a programme service shall be treated as publication in permanent form.
(2) Subsection (1) above shall apply for the purposes of section 3 of each of the Defamation Acts (slander of title etc.) as it applies for the purposes of the law of libel and slander.
(3) .........................................................................
(4) In this section “the Defamation Acts” means the Defamation Act 1952 and the Defamation Act (Northern Ireland) 1955.
(5) Subsections (1) and (2) above do not extend to Scotland.
(1) If a justice of the peace is satisfied by information on oath laid by a constable that there is reasonable ground for suspecting that a relevant offence has been committed by any person in respect of a programme included in a programme service, he may make an order authorising any constable to require that person—
(a) to produce to the constable a visual or sound recording of any matter included in that programme, if and so far as that person is able to do so; and
(b) on the production of such a recording, to afford the constable an opportunity of causing a copy of it to be made.
(2) An order made under this section shall describe the programme to which it relates in a manner sufficient to enable that programme to be identified.
(3) A person who without reasonable excuse fails to comply with any requirement of a constable made by virtue of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.
(4) No order shall be made under this section in respect of any recording in respect of which a warrant could be granted under any of the following provisions, namely—
(a) section 3 of the Obscene Publications Act 1959;
(b) section 24 or 29H of the Public Order Act 1986; and
(c) Article 14 of the Public Order (Northern Ireland) Order 1987.
(5) In the application of subsection (1) to England and Wales “relevant offence” means an offence under—
(a) section 2 of the Obscene Publications Act 1959; or
(b) section 22 or 29F of the Public Order Act 1986.
(6) In the application of subsection (1) to Scotland—
(a) “relevant offence” means an offence under—
(i) section 51 of the Civic Government (Scotland) Act 1982, or
(ii) section 22 of the Public Order Act 1986;
(b) the reference to a justice of the peace shall include a reference to the sheriff; and
(c) for the reference to information on oath there shall be substituted a reference to evidence on oath.
(7) In the application of subsection (1) to Northern Ireland—
(a) “relevant offence” means an offence under Article 12 of the Public Order (Northern Ireland) Order 1987;
(b) for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate; and
(c) for the reference to information on oath laid by a constable there shall be substituted a reference to a complaint on oath made by a constable.
175 Use as of right of sound recordings in broadcasts and cable programme services.
(1) In Chapter VII of Part I of the Copyright, Designs and Patents Act 1988 (copyright licensing) there shall be inserted after section 135—
Use as of right of sound recordings in broadcasts and cable programme services
Circumstances in which right available.
135A (1) Section 135C applies to the inclusion in a broadcast or cable programme service of any sound recordings if—
(a) a licence to include those recordings in the broadcast or cable programme service could be granted by a licensing body or such a body could procure the grant of a licence to do so,
(b) the condition in subsection (2) or (3) applies, and
(c) the person including those recordings in the broadcast or cable programme service has complied with section 135B.
(2) Where the person including the recordings in the broadcast or cable programme service does not hold a licence to do so, the condition is that the licensing body refuses to grant, or procure the grant of, such a licence, being a licence—
(a) whose terms as to payment for including the recordings in the broadcast or cable programme service would be acceptable to him or comply with an order of the Copyright Tribunal under section 135D relating to such a licence or any scheme under which it would be granted, and
(b) allowing unlimited needletime or such needletime as he has demanded.
(3) Where he holds a licence to include the recordings in the broadcast or cable programme service, the condition is that the terms of the licence limit needletime and the licensing body refuses to substitute or procure the substitution of terms allowing unlimited needletime or such needletime as he has demanded, or refuses to do so on terms that fall within subsection (2)(a).
(4) The references in subsection (2) to refusing to grant, or procure the grant of, a licence, and in subsection (3) to refusing to substitute or procure the substitution of terms, include failing to do so within a reasonable time of being asked.
(5) In the group of sections from this section to section 135G—
“needletime” means the time in any period (whether determined as a number of hours in the period or a proportion of the period, or otherwise) in which any recordings may be included in a broadcast or cable programme service;
“sound recording” does not include a film sound track when accompanying a film.
(6) In sections 135B to 135G, “terms of payment” means terms as to payment for including sound recordings in a broadcast or cable programme service.
Notice of intention to exercise right.
135B (1) A person intending to avail himself of the right conferred by section 135C must—
(a) give notice to the licensing body of his intention to exercise the right, asking the body to propose terms of payment, and
(b) after receiving the proposal or the expiry of a reasonable period, give reasonable notice to the licensing body of the date on which he proposes to begin exercising that right, and the terms of payment in accordance with which he intends to do so.
(2) Where he has a licence to include the recordings in a broadcast or cable programme service, the date specified in a notice under subsection (1)(b) must not be sooner than the date of expiry of that licence except in a case falling within section 135A(3).
(3) Before the person intending to avail himself of the right begins to exercise it, he must—
(a) give reasonable notice to the Copyright Tribunal of his intention to exercise the right, and of the date on which he proposes to begin to do so, and
(b) apply to the Tribunal under section 135D to settle the terms of payment.
Conditions for exercise of right.
135C (1) A person who, on or after the date specified in a notice under section 135B(1)(b), includes in a broadcast or cable programme service any sound recordings in circumstances in which this section applies, and who—
(a) complies with any reasonable condition, notice of which has been given to him by the licensing body, as to inclusion in the broadcast or cable programme service of those recordings,
(b) provides that body with such information about their inclusion in the broadcast or cable programme service as it may reasonably require, and
(c) makes the payments to the licensing body that are required by this section,
shall be in the same position as regards infringement of copyright as if he had at all material times been the holder of a licence granted by the owner of the copyright in question.
(2) Payments are to be made at not less than quarterly intervals in arrears.
(3) The amount of any payment is that determined in accordance with any order of the Copyright Tribunal under section 135D or, if no such order has been made—
(a) in accordance with any proposal for terms of payment made by the licensing body pursuant to a request under section 135B, or
(b) where no proposal has been so made or the amount determined in accordance with the proposal so made is unreasonably high, in accordance with the terms of payment notified to the licensing body under section 135B(1)(b).
(4) Where this section applies to the inclusion in a broadcast or cable programme service of any sound recordings, it does so in place of any licence.
Applications to settle payments.
135D (1) On an application to settle the terms of payment, the Copyright Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
(2) An order under subsection (1) has effect from the date the applicant begins to exercise the right conferred by section 135C and any necessary repayments, or further payments, shall be made in respect of amounts that have fallen due.
References etc. about conditions, information and other terms.
135E (1) A person exercising the right conferred by section 135C, or who has given notice to the Copyright Tribunal of his intention to do so, may refer to the Tribunal—
(a) any question whether any condition as to the inclusion in a broadcast or cable programme service of sound recordings, notice of which has been given to him by the licensing body in question, is a reasonable condition, or
(b) any question whether any information is information which the licensing body can reasonably require him to provide.
(2) On a reference under this section, the Tribunal shall consider the matter and make such order as it may determine to be reasonable in the circumstances.
Application for review of order.
135F (1) A person exercising the right conferred by section 135C or the licensing body may apply to the Copyright Tribunal to review any order under section 135D or 135E.
(2) An application shall not be made, except with the special leave of the Tribunal—
(a) within twelve months from the date of the order, or of the decision on a previous application under this section, or
(b) if the order was made so as to be in force for fifteen months or less, or as a result of a decision on a previous application is due to expire within fifteen months of that decision, until the last three months before the expiry date.
(3) On the application the Tribunal shall consider the matter and make such order confirming or varying the original order as it may determine to be reasonable in the circumstances.
(4) An order under this section has effect from the date on which it is made or such later date as may be specified by the Tribunal.
Factors to be taken into account.
135G (1) In determining what is reasonable on an application or reference under section 135D or 135E, or on reviewing any order under section 135F, the Copyright Tribunal shall—
(a) have regard to the terms of any orders which it has made in the case of persons in similar circumstances exercising the right conferred by section 135C, and
(b) exercise its powers so as to secure that there is no unreasonable discrimination between persons exercising that right against the same licensing body.
(2) In settling the terms of payment under section 135D, the Tribunal shall not be guided by any order it has made under any enactment other than that section.
(3) Section 134 (factors to be taken into account: retransmissions) applies on an application or reference under sections 135D to 135F as it applies on an application or reference relating to a licence.
(2) In section 149 of that Act (jurisdiction of the Copyright Tribunal), after paragraph (c) there shall be inserted—
“(cc) section 135D or 135E (application or reference with respect to use as of right of sound recordings in broadcasts or cable programme services);”.
(3) In section 179 of that Act (index of defined expressions)—
(a) in the appropriate places in alphabetical order there shall be inserted—
needletime section 135A
, and
terms of payment section 135A
, and
(b) in the entry for sound recordings, for “section 5” there shall be substituted “ sections 5 and 135A ”.
176 Duty to provide advance information about programmes.
(1) A person providing a programme service to which this section applies must make available in accordance with this section information relating to the programmes to be included in the service to any person (referred to in this section and Schedule 17 to this Act as “the publisher”) wishing to publish in the United Kingdom any such information.
(2) The duty imposed by subsection (1) is to make available information as to the titles of the programmes which are to be, or may be, included in the service on any date, and the time of their inclusion, to any publisher who has asked the person providing the programme service to make such information available to him and reasonably requires it.
(3) Information to be made available to a publisher under this section is to be made available as soon after it has been prepared as is reasonably practicable but, in any event—
(a) not later than when it is made available to any other publisher, and
(b) in the case of information in respect of all the programmes to be included in the service in any period of seven days, not later than the beginning of the preceding period of fourteen days, or such other number of days as may be prescribed by the Secretary of State by order.
(4) An order under subsection (3) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(5) The duty imposed by subsection (1) is not satisfied by providing the information on terms, other than terms as to copyright, prohibiting or restricting publication in the United Kingdom by the publisher.
(6) Schedule 17 applies to any information or future information which the person providing a programme service to which this section applies is or may be required to make available under this section.
(7) For the purposes of this section and that Schedule, the following table shows the programme services to which the section and Schedule apply and the persons who provide them or are to be treated as providing them.
Programme service | Provider of service
Services other than services under the Act
Television and national radio services provided by the BBC for reception in the United Kingdom | The BBC
Services under the Act
Television programme services subject to regulation by OFCOM | The person licensed to provide the service
The public television services of S4C (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003) | S4C
Any national service (see section 126(1) ) subject to regulation by OFCOM , any simulcast radio service (within the meaning of Part II of the Broadcasting Act 1996), and any national digital sound programme service (within the meaning of that Part of that Act) subject to regulation by OFCOM | The person licensed to provide the service
Services provided during interim period only
Television broadcasting services provided by the Independent Television Commission in accordance with Schedule 11, other than Channel 4 | The programme contractor
Channel 4, as so provided | The body corporate referred to in section 12(2) of the Broadcasting Act 1981
(8) This section does not require any information to be given about any advertisement.
(1) Subject to the following provisions of this section, the Secretary of State may make an order proscribing a foreign satellite service for the purposes of section 178.
(2) If OFCOM consider that the quality of any foreign satellite service which is brought to their attention is unacceptable and that the service should be the subject of an order under this section, they shall notify to the Secretary of State details of the service and their reasons why they consider such an order should be made.
(3) OFCOM shall not consider a foreign satellite service to be unacceptable for the purposes of subsection (2) unless they are satisfied that there is repeatedly contained in programmes included in the service matter 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.
(4) Where the Secretary of State has been notified under subsection (2), he shall not make an order under this section unless he is satisfied that the making of the order—
(a) is in the public interest; and
(b) is compatible with any international obligations of the United Kingdom.
(5) An order under this section—
(a) may make such provision for the purpose of identifying a particular foreign satellite service as the Secretary of State thinks fit; and
(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.
(6) In this section and section 178—
“foreign satellite service” means—
a service which—
consists wholly or mainly in the transmission by satellite of television programmes which are capable of being received in the United Kingdom,
does not fall within subsection (2)(a) or (b) of section 211 of the Communications Act 2003 (regulation of independent television services), and
is not provided by the BBC or S4C, or
a service which consists wholly or mainly in the transmission by satellite from a place outside the United Kingdom of sound programmes which are capable of being received in the United Kingdom;
...
178 Offence of supporting proscribed foreign satellite services.
(1) This section applies to any foreign satellite service which is proscribed for the purposes of this section by virtue of an order under section 177; and references in this section to a proscribed service are references to any such service.
(2) Any person who in the United Kingdom does any of the acts specified in subsection (3) shall be guilty of an offence.
(3) Those acts are—
(a) supplying any equipment or other goods for use in connection with the operation or day-to-day running of a proscribed service;
(b) supplying, or offering to supply, programme material to be included in any programme transmitted in the provision of a proscribed service;
(c) arranging for, or inviting, any other person to supply programme material to be so included;
(d) advertising, by means of programmes transmitted in the provision of a proscribed service, goods supplied by him or services provided by him;
(e) publishing the times or other details of any programmes which are to be transmitted in the provision of a proscribed service or (otherwise than by publishing such details) publishing an advertisement of matter calculated to promote a proscribed service (whether directly or indirectly);
(f) supplying or offering to supply any decoding equipment which is designed or adapted to be used primarily for the purpose of enabling the reception of programmes transmitted in the provision of a proscribed service.
(4) In any proceedings against a person for an offence under this section, it is a defence for him to prove that he did not know, and had no reasonable cause to suspect, that the service in connection with which the act was done was a proscribed service.
(5) A person who is guilty of an offence under this section shall be liable—
(a) on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or both;
(b) on conviction on indictment, to imprisonment for a term not exceeding two years or to a fine, or both.
(6) For the purposes of this section a person exposing decoding equipment for supply or having such equipment in his possession for supply shall be deemed to offer to supply it.
(7) Section 46 of the Consumer Protection Act 1987 shall have effect for the purpose of construing references in this section to the supply of any thing as it has effect for the purpose of construing references in that Act to the supply of any goods.
(8) In this section “programme material” includes—
(a) a film (within the meaning of Part I of the Copyright, Designs and Patents Act 1988);
(b) any other recording; and
(c) any advertisement or other advertising material.
183 Financing of programmes in Gaelic out of Gaelic Television Fund.
(1) The Scottish Ministers must, for each financial year, pay to OFCOM such amount as they may determine to be appropriate for the purposes of this section.
(2) Any amount received by OFCOM under subsection (1) shall be carried by them to the credit of a fund established by the Independent Television Commission under this section and known as the Gaelic Broadcasting Fund (and any such amount shall accordingly not be regarded as forming part of the revenues of OFCOM).
(3) The Fund shall be under the management of a body established for the purposes of this section ...
(3A) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(3B) The functions of the Service shall be to secure that a wide and diverse range of high quality programmes in Gaelic are broadcast or otherwise transmitted so as to be available to persons in Scotland.
(4A) In carrying out their functions, the Service may finance, or engage in, any of the following—
(a) the making of programmes in Gaelic with a view to those programmes being broadcast or otherwise transmitted so as to be available to persons in Scotland;
(b) the provision of training for persons employed, or to be employed, in connection with the making of programmes in Gaelic to be so broadcast or otherwise transmitted;
(c) research into the types of programmes in Gaelic that members of the Gaelic-speaking community would like to be broadcast or otherwise transmitted.
(4B) But the Service are not to be entitled, for the purpose of carrying out their functions, to provide—
(a) a Channel 3 service;
(b) Channel 4;
(c) Channel 5;
(d) a national sound broadcasting service;
(e) a national digital sound programme service; or
(f) a television multiplex service or a radio multiplex service.
(5) When making any grant out of the Fund in pursuance of subsection (4) the Committee may impose such conditions as they think fit, including conditions requiring the grant to be repaid in specified circumstances.
(6) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(9) In this section, section 183A and Schedule 19—
“Channel 3 service”, “Channel 4” and “Channel 5” each has the same meaning as in Part 1;
“national digital sound programme service” has the same meaning as in Part 2 of the Broadcasting Act 1996;
“national sound broadcasting service” means a sound broadcasting service within the meaning of Part 3 which, under subsection (4)(a) of section 245 of the Communications Act 2003, is a national service for the purposes of that section;
“Gaelic” means the Gaelic language as spoken in Scotland;
“programme” includes any item included in a programme service;
“radio multiplex service” has the same meaning as in Part 2 of the Broadcasting Act 1996;
“the Service” means the body established under subsection (3) and known as Seirbheis nam Meadhanan Gàidhlig (the Gaelic Media Service);
“television multiplex service” has the meaning given by section 241(1) of the Communications Act 2003 to a multiplex service within the meaning of Part 1 of the Broadcasting Act 1996;
and a reference to being available to persons in Scotland includes a reference to being available both to persons in Scotland and to others.
(1) The Service shall consist of not more than twelve members.
(2) The members of the Service are to be appointed by OFCOM
(3) OFCOM must appoint one of the members to be the chairman of the Service.
(4) The approval of the Scottish Ministers is required for the appointment of a person as a member of the Service, and for the appointment of a member as their chairman.
(5) The members of the Service must include—
(a) a member nominated by the BBC;
(b) a member nominated by Highlands and Islands Enterprise; and
(c) a member nominated by Bòrd na Gàidhlig.
(6) When appointing members of the Service, OFCOM must have regard to—
(a) the desirability of having members of the Service who are proficient in written and spoken Gaelic; and
(b) any guidance issued by the Scottish Ministers for the purposes of this section.
(7) OFCOM must secure, so far as practicable, that the membership of the Service is such that the interests of each of the following are adequately represented—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(c) the independent television and radio production industries in Scotland;
(d) other persons and bodies concerned with the promotion and use of the Gaelic language, including those concerned with education in Gaelic and in Gaelic culture.
(8) Schedule 19 to this Act shall have effect with respect to the Service.
(9) In this section—
“Bòrd na Gàidhlig”means the body of that name established by section 1 of the Gaelic Language (Scotland) Act 2005
“regional Channel 3 service” has the same meaning as in Part 1.
(10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(11) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
185 Contributions towards maintenance of national television archive.
(1) OFCOM shall, for the financial year which includes the commencement of this section and each subsequent financial year, determine an aggregate amount which they consider it would be appropriate for the holders of Channel 3 , Channel 4 and Channel 5 licences to contribute, in accordance with this section, towards the expenses incurred by the nominated body in connection with the maintenance by it of a national television archive.
(2) In this section “the nominated body” means such body as may for the time being be nominated by OFCOM for the purposes of this section, being a body which—
(a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(b) appears to OFCOM to be in a position to maintain a national television archive.
(3) A Channel 3 , Channel 4 or Channel 5 licence shall include conditions requiring the licence holder to pay to OFCOM , in respect of each of the financial years mentioned in subsection (1), such amount as they may notify to him for the purposes of this section, being such proportion of the aggregate amount determined for that year under that subsection as they consider appropriate (and different proportions may be determined in relation to different persons).
(4) Any amount received by OFCOM by virtue of subsection (3) shall be transmitted by them to the nominated body.
(5) In this section—
...
“Channel 3 licence” and “Channel 5 licence” have the same meaning as in Part I of this Act.
“Channel 4 licence” means—
the licence referred to in section 231(1)(b) of the Communications Act 2003; and
a licence renewing that licence on the first or any subsequent occasion.