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Duties

1. The duties of the Content Sanctions Committee shall be:

1. to consider content or content-based cases referred to it by the executive for consideration of a statutory sanction (including cases involving the BBC and S4C);
2. where the sanction under consideration includes a financial penalty or shortening or revocation of a licence, to invite oral representations from licensees;
3. to decide whether to impose a statutory sanction and at what level, in accordance with Ofcom’s Penalty Guidelines;
4. to make decisions relating to recommending the proscription of unacceptable foreign television and radio services to the Secretary of State;
5. to settle and approve decision letters to licensees; and
6. where such decisions are to be published, to settle and approve any press releases in consultation with the Director of Communications or by delegation to the Chairman, as appropriate.

Authority

2. Decisions of the Content Sanctions Committee are final and not subject to review, reconsideration or appeal by Ofcom.

Membership

3. The Committee shall consist of a maximum of five members, three of whom shall be drawn from the Content Board and two from the Ofcom Board.

4. The Chairman of the Content Sanctions Committee shall be the Chairman of the Content Board. The quorum shall be three Content Board members. Members’ attendance through telephone or videolink is permissible for the purposes of determining a quorum. Where the Chairman of the Committee considers it appropriate decisions may be taken by email. Apart from the Chairman of the Committee, the Content Board members shall be drawn on a rolling basis. The Chairman of the Content Sanctions Committee (or Deputy Chairman, in circumstances where the Chairman is not in attendance), shall have a casting vote in the event that the Committee is unable to reach a consensual decision. The Deputy Chairman of the Content Sanctions Committee shall be an executive member of the Content Board.

Conduct of Meetings - attendance and arrangements

5. The Committee shall be attended by the assigned case officer, legal adviser, secretary, and as appropriate any other executive member and observer(s).

6. The Case officer shall take a full note of meetings (including hearings) and keep proper records of decisions.

Frequency of Meetings

7. Meetings shall be held on an ad hoc basis as and when required.

Reporting Procedures

8. The Committee will report to the Ofcom Board through the Content Board.

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