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Appendix One

Extracts from the Broadcasting Act 1990

This document was originally published by the ITC, one of the organisations replaced by Ofcom at the end of 2003. It represents Ofcom's current policy.

6. General requirements as to licensed services

The Commission shall do all that they can to secure that every licensed service complies with the following requirements, namely:

• that nothing is included in its programmes 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;
• that any news given (in whatever form) in its programmes is presented with due accuracy and impartiality;
• that due impartiality is preserved on the part of the person providing the service as respects matters of political or industrial controversy or relating to current public policy;
• that due responsibility is exercised with respect to the content of any of its programmes which are religious programmes, and that in particular any such programmes do not involve -
• any improper exploitation of any susceptibilities of those watching the programmes; or
• any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination; and
• that its programmes do not include any technical device which, by using images of very brief duration or by any other means, exploits the possibility of conveying a message to, or otherwise influencing the minds of, persons watching the programmes without being aware, or fully aware, of what has occurred.

6.2 In applying subsection (1)(c) a series of programmes may be considered as a whole.

6.3 The Commission shall -

• draw up, and from time to time review, a code giving guidance as to the rules to be observed in connection with the application of subsection (1)(c) in relation to licensed services; and
• do all that they can to secure that the provisions of the code are observed in the provision of licensed services;

and the Commission may make different provision in the code for different cases or circumstances.

6.4 Without prejudice to the generality of subsection (1), the Commission shall do all that they can to secure that there are excluded from the programmes included in a licensed service all expressions of the views and opinions of the person providing the service on matters (other than the provision of programme services) which are of political or industrial controversy or relate to current public policy.

6.5 The rules specified in the code referred to in subsection (3) shall, in particular, take account of the following matters:

• that due impartiality should be preserved on the part of the person providing a licensed service as respects major matters falling within subsection (1)(c) as well as matters falling within that provision taken as a whole; and
• the need to determine what constitutes a series of programmes for the purposes of subsection (2).

6.6 The rules so specified shall, in addition, indicate to such extent as the Commission consider appropriate:

• what due impartiality does and does not require, either generally or in relation to particular circumstances;
• the ways in which due impartiality may be achieved in connection with programmes of particular descriptions;
• the period within which a programme should be included in a licensed service if its inclusion is intended to secure that due impartiality is achieved for the purposes of subsection (1)(c) in connection with that programme and any programme previously included in that service taken together; and
• in relation to any inclusion in a licensed service of a series of programmes which is of a description specified in the rules -
• that the dates and times of the other programmes comprised in the series should be announced at the time when the first programme so comprised is included in that service; or
• if that is not practicable, that advance notice should be given by other means of subsequent programmes so comprised which include material intended to secure, or assist in securing, that due impartiality is achieved in connection with the series as a whole;

and those rules shall, in particular, indicate that due impartiality does not require absolute neutrality on every issue or detachment from fundamental democratic principles.

6.7 The Commission shall publish the code drawn up under subsection (3), and every revision of it, in such manner as they consider appropriate.

6.8 Nothing in this section or in sections 7 to 12 has effect in relation to any licensed service which is an additional service other than the teletext service referred to in section 49(2).

7 General code for programmes

7.1 The Commission shall draw up, and from time to time review, a code giving guidance:

• as to the rules to be observed with respect to the showing of violence, or the inclusion of sounds suggestive of violence, in programmes included in licensed services, particularly when large numbers of children and young persons may be expected to be watching the programmes;
• as to the rules to be observed with respect to the inclusion in such programmes of appeals for donations; and
• as to such other matters concerning standards and practice for such programmes as the Commission may consider suitable for inclusion in the code;

and the Commission shall do all that they can to secure that the provisions of the code are observed in the provision of licensed services.

7.2 In considering what other matters ought to be included in the code in pursuance of subsection (1)(c), the Commission shall have special regard to programmes included in licensed services in circumstances such that large numbers of children and young persons may be expected to be watching the programmes.

7.3 The Commission shall, in drawing up or revising the code under this section, 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 subsection.

7.4 The Commission shall publish the code drawn up under this section, and every revision of it, in such manner as they consider appropriate.

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