Codes & Guidance Notes

ITC Guidance Note for Licensees on the Application of Sanctions

Lesser Sanctions

18 Where the Director concludes that a licence breach is involved for which a Lesser Sanction (broadcasting a correction or apology, and direction not to repeat a programme) is warranted, the papers should be passed to the SMG. Further questions or requests for additional information may be put by the SMG to the licensee, who is given a reasonable time to respond in writing.
19 The SMG decides whether either no breach is involved; or a breach is involved and no statutory sanction is appropriate; or a breach is involved and a lesser sanction is appropriate. The licensee is notified in writing of the judgement made and the supporting reasons. In the case of a Lesser Statutory sanction, a press release will normally be issued, with the licensee being given a reasonable period of advance notice of the text and the opportunity to comment on whether, in the licensee’s view, there are any factual errors in the text.
20 The SMG may also conclude that a Greater rather than a Lesser Sanction would be appropriate, in which case the papers will be passed to a Sub-Committee of the Commission for decision (see below).

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