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Appendix 1- Extracts from the Communications Act 2003

Relevant legislation from the Communications Act 2003 and the Broadcasting Act 1990

Section 3: General duties of OFCOM

It shall be the principal duty of OFCOM, in carrying out their functions -
1. to further the interests of citizens in relation to communications matters; and
2. to further the interests of consumers in relevant markets, where appropriate by promoting competition.
The things which, by virtue of subsection (1), OFCOM are required to secure in the carrying out of their functions include, in particular, each of the following -
1. the application, in the case of all television and radio services, of standards that provide adequate protection to members of the public from the inclusion of offensive and harmful material in such services;
2. the application, in the case of all television and radio services, of standards that provide adequate protection to members of the public and all other persons from both -
  1. unfair treatment in programmes included in such services; and
  2. unwarranted infringements of privacy resulting from activities carried on for the purposes of such services.

OFCOM must also have regard, in performing those duties, to such of the following as appear to them to be relevant in the circumstances -
1. the desirability of promoting competition in relevant markets;
1. the need to secure that the application in the case of television and radio services of standards falling within subsection (2)(e) and (f) is in the manner that best guarantees an appropriate level of freedom of expression;
2. the vulnerability of children and of others whose circumstances appear to OFCOM to put them in need of special protection;
1. the desirability of preventing crime and disorder; (k) the opinions of consumers in relevant markets and of members of the public generally;
2. the different interests of persons in the different parts of the United Kingdom , of the different ethnic communities within the United Kingdom and of persons living in rural and in urban areas.

Section 319: OFCOM's standards code

It shall be the duty of OFCOM to set, and from time to time to review and revise, such standards for the content of programmes to be included in television and radio services as appear to them best calculated to secure the standards objectives.
(2) The standards objectives are -
1. that persons under eighteen are protected;
2. that material likely to encourage or to incite the commission of crime or to lead to disorder is not included in television and radio services;
3. that news included in television and radio services is presented with due impartiality and that the impartiality requirements of section 320 are complied with;
4. that news included in television and radio services is reported with due accuracy;
5. that the proper degree of responsibility is exercised with respect to the content of programmes which are religious programmes;
6. that generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of offensive and harmful material;
7. that advertising that contravenes the prohibition on political advertising set out in section 321(2) is not included in television or radio services;
8. that the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented;
9. that the international obligations of the United Kingdom with respect to advertising included in television and radio services are complied with;
10. that the unsuitable sponsorship of programmes included in television and radio services is prevented;
11. that there is no undue discrimination between advertisers who seek to have advertisements included in television and radio services; and
12. that there is no use of techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds, without their being aware, or fully aware, of what has occurred.
The standards set by OFCOM under this section must be contained in one or more codes.
In setting or revising any standards under this section, OFCOM must have regard, in particular and to such extent as appears to them to be relevant to the securing of the standards objectives, to each of the following matters -
1. the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally, or in programmes of a particular description;
2. the likely size and composition of the potential audience for programmes included in television and radio services generally, or in television and radio services of a particular description;
3. the likely expectation of the audience as to the nature of a programme's content and the extent to which the nature of a programme's content can be brought to the attention of potential members of the audience;
4. the likelihood of persons who are unaware of the nature of a programme's content being unintentionally exposed, by their own actions, to that content;
5. the desirability of securing that the content of services identifies when there is a change affecting the nature of a service that is being watched or listened to and, in particular, a change that is relevant to the application of the standards set under this section; and
6. the desirability of maintaining the independence of editorial control over programme content.
OFCOM must ensure that the standards from time to time in force under this section include -
1. minimum standards applicable to all programmes included in television and radio services; and
2. such other standards applicable to particular descriptions of programmes, or of television and radio services, as appear to them appropriate for securing the standards objectives.
Standards set to secure the standards objective specified in subsection (2)(e) shall, in particular, contain provision designed to secure that religious programmes do not involve -
1. any improper exploitation of any susceptibilities of the audience for such a programme; or
2. any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.
In setting standards under this section, OFCOM must take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this section.
In this section "news" means news in whatever form it is included in a service.

Section 320: Special impartiality requirements

The requirements of this section are -
1. the exclusion, in the case of television and radio services (other than a restricted service within the meaning of section 245), from programmes included in any of those services of all expressions of the views or opinions of the person providing the service on any of the matters mentioned in subsection (2);
2. the preservation, in the case of every television programme service, teletext service, national radio service and national digital sound programme service, of due impartiality, on the part of the person providing the service, as respects all of those matters;
3. the prevention, in the case of every local radio service, local digital sound programme service or radio licensable content service, of the giving of undue prominence in the programmes included in the service to the views and opinions of particular persons or bodies on any of those matters.
Those matters are -
1. matters of political or industrial controversy; and
2. matters relating to current public policy.
Subsection (1)(a) does not require-
1. the exclusion from television programmes of views or opinions relating to the provision of programme services; or
2. the exclusion from radio programmes of views or opinions relating to the provision of programme services.
For the purposes of this section -
1. the requirement specified in subsection (1)(b) is one that (subject to any rules under subsection (5)) may be satisfied by being satisfied in relation to a series of programmes taken as a whole;
2. the requirement specified in subsection (1)(c) is one that needs to be satisfied only in relation to all the programmes included in the service in question, taken as a whole.
OFCOM's standards code shall contain provision setting out the rules to be observed in connection with the following matters -
1. the application of the requirement specified in subsection (1)(b);
2. the determination of what, in relation to that requirement, constitutes a series of programmes for the purposes of subsection (4)(a);
3. the application of the requirement in subsection (1)(c).
Any provision made for the purposes of subsection (5)(a) must, in particular, take account of the need to ensure the preservation of impartiality in relation to the following matters (taking each matter separately)-
1. matters of major political or industrial controversy, and
2. major matters relating to current public policy,
as well as of the need to ensure that the requirement specified in subsection (1)(b) is satisfied generally in relation to a series of programmes taken as a whole.
In this section "national radio service" and "local radio service" mean, respectively, a sound broadcasting service which is a national service within the meaning of section 245 and a sound broadcasting service which is a local service within the meaning of that section.

Section 321: Objectives for advertisements and sponsorship

Standards set by OFCOM to secure the objectives mentioned in section 319(2)(a) and (g) to (j) -
1. must include general provision governing standards and practice in advertising and in the sponsoring of programmes; and
2. may include provision prohibiting advertisements and forms and methods of advertising or sponsorship (whether generally or in particular circumstances).

Section 325: Observance of standards code

The regulatory regime for every programme service licensed by a Broadcasting Act licence includes conditions for securing-
1. that standards set under section 319 are observed in the provision of that service; and
2. that procedures for the handling and resolution of complaints about the observance of those standards are established and maintained.

Section 326: Duty to observe fairness code

The regulatory regime for every programme service licensed by a Broadcasting Act licence includes the conditions that OFCOM consider appropriate for securing observance-

in connection with the provision of that service, and
in relation to the programmes included in that service,

of the code for the time being in force under section 107 of the 1996 Act (the fairness code).

Broadcasting Act 1996 (as amended)

Chapter 55

Unjust or unfair treatment of unwarranted infringement of privacy

Section 107

It shall be the duty of Ofcom to draw up, and from time to time review, a code giving guidance as to principles to be observed and practices to be followed in connection with the avoidance of -
1. unjust or unfair treatment in programmes to which this section applies; or
2. unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.