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Home > TV > Information for TV Broadcasting Industry > Broadcast Codes > Ofcom Broadcasting Code > Legislative Background > Interactive television content
Interactive television content
Legal clarification of the extent of a broadcaster’s responsibility
This note clarifies, by setting out the position in the legislation, the circumstances in which a broadcaster is responsible for interactive television content and thereby the circumstances in which the appropriate codes will apply (for television programmes, this will be Ofcom’s Broadcasting Code and for advertising, the BCAP TV Advertising Standards Code).
The question of who is responsible for interactive content is a question determined by statute, turning upon specific provisions of the Communications Act 2003, in particular the definitions of “general control” and “available for reception by members of the public” set out in the Act.
The introduction to the Broadcasting Code, headed ‘The Legislative Background to the Code’, explains that the provider of a service, and therefore the person with responsibility for the content of that service, is the person with “general control” over which programmes and other facilities and services comprise the service. It goes on to discuss links to features which fall outside of the service.
- The information below should be read in conjunction with, and as clarification of, that section of the Code.
- Television programmes (including advertisements) to which access is made available to viewers from within a licensed service are within the general control of the broadcaster providing that service. These programmes therefore form part of the licensed service, provided they are available by means of that service for reception by members of the public.
For the avoidance of doubt, where the access that is provided is access to another licensed service, the broadcaster providing access to that other licensed service has general control only over the link to it.
Where “licensed service” is referred to above, this includes any other service to which the Codes apply (ie S4C and BBC services funded by the licence fee)."Television programme" has the meaning given in section 405 of the Communications Act 2003; and
“General control” is determined according to section 362(2) of the Communications Act 2003.
“Available for reception by members of the public” has the meaning given in section 361 of the Communications Act 2003.
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