Chwilio Deddfwriaeth

Broadcasting Act 1990

Pa Fersiwn

 Help about what version

Nodweddion Uwch

 Help about advanced features

Changes to legislation:

There are outstanding changes not yet made by the legislation.gov.uk editorial team to Broadcasting Act 1990. Any changes that have already been made by the team appear in the content and are referenced with annotations. Help about Changes to Legislation

Close

Changes to Legislation

Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.

Changes and effects yet to be applied to :

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the specific provision you are viewing.

  • specified provision(s) amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2 by S.I. 2004/545 art. 2

Changes and effects yet to be applied to the whole Act associated Parts and Chapters:

 Help about changes and effects
Close

Changes and effects

This section lists the changes and effects yet to be applied to the whole Act, associated Parts and Chapters where applicable. This includes any insertions of whole new Parts, Chapters or provisions yet to be inserted into this Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing.

Whole provisions yet to be inserted into this Act (including any effects on those provisions):

Commencement Orders yet to be applied to the Broadcasting Act 1990

 Help about changes and effects
Close

Commencement Orders

This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.

Commencement Orders bringing legislation that affects this Act into force:

Part VIIE+W+S+N.I. Prohibition on Inclusion of Obscene and Other Material in Programme Services

ObscenityE+W+S+N.I.

162 Obscenity in programme services: England and Wales.E+W

(1)In section 1 of the M1Obscene Publications Act 1959 (test of obscenity)—

(a)the proviso to subsection (3) (exemption for television and sound broadcasting) shall cease to have effect; and

(b)the following subsections shall be added after that subsection—

(4)For the purposes of this Act a person also publishes an article to the extent that any matter recorded on it is included by him in a programme included in a programme service.

(5)Where the inclusion of any matter in a programme so included would, if that matter were recorded matter, constitute the publication of an obscene article for the purposes of this Act by virtue of subsection (4) above, this Act shall have effect in relation to the inclusion of that matter in that programme as if it were recorded matter.

(6)In this section “programme” and “programme service” have the same meaning as in the Broadcasting Act 1990.

(2)Schedule 15 to this Act shall have effect for the purpose of supplementing subsection (1) above.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

163 Obscenity in programme services: Scotland.S

(1)Section 51 of the M2Civic Government (Scotland) Act 1982 (offences of displaying, publishing, etc. of obscene material) shall be amended in accordance with the following provisions of this section.

(2)After subsection (2) there shall be inserted the following subsection—

(2A)Subject to subsection (4) below, any person who—

(a)is responsible for the inclusion of any obscene material in a programme included in a programme service; or

(b)with a view to its eventual inclusion in a programme so included, makes, prints, has or keeps any obscene material,

shall be guilty of an offence under this section.

(3)In subsection (6), paragraph (a) shall cease to have effect.

(4)In subsection (8)—

(a)in the definition of “material”, the words from “and” onwards shall be omitted;

(b)after the definition of “prescribed sum” there shall be inserted—

programme” and “programme service” have the same meaning as in the Broadcasting Act 1990; and

(c)the word “showing,” shall be omitted.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

Racially inflammatory material etc.E+W+S+N.I.

164 Inclusion in programme services in Great Britain of racially inflammatory material.E+W+S

(1)Part III of the M3Public Order Act 1986 (racial hatred) shall be amended as follows.

(2)In each of the following provisions, namely—

(a)section 18(6) (exemption from prohibition applying to use of threatening words etc.),

(b)section 20(3)(c) (exemption from prohibition applying to public performances of plays), and

(c)section 21(4) (exemption from prohibition applying to distribution etc. of recordings),

for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”.

(3)In section 22 (broadcasting or including programme in cable programme service)—

(a)in subsections (1), (3)(b), (4)(a) and (5)(a), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ included in a programme service ”; and

(b)the following provisions shall be omitted, namely—

(i)in subsection (2), the words “broadcasting or cable”,

(ii)in subsections (4)(b) and (5)(b), the words “broadcast or”, wherever occurring,

(iii)subsection (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), and

(iv)subsection (8) (application of certain provisions of the M4Cable and Broadcasting Act 1984).

(4)In section 23 (possession of racially inflammatory material)—

(a)in subsection (1), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ or included in a programme service ”;

(b)in subsection (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted “ or inclusion in a programme service ”; and

(c)subsection (4) (exemption for material kept by BBC or Independent Broadcasting Authority) shall be omitted.

(5)In section 29 (interpretation)—

(a)the definitions of “broadcast” and “cable programme service” shall be omitted;

(b)in the definition of “programme”, for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”; and

(c)the following definition shall be inserted after that definition—

  • programme service” has the same meaning as in the Broadcasting Act 1990;.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

165 Inclusion in programme services in Northern Ireland of material likely to stir up hatred etc.N.I.

(1)Part III of the M5Public Order (Northern Ireland) Order 1987 (stirring up hatred or arousing fear) shall be amended as follows.

(2)In each of the following provisions, namely—

(a)Article 9(5) (exemption from prohibition applying to use of threatening words etc.), and

(b)Article 11(4) (exemption from prohibition applying to distribution etc. of recordings),

for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”.

(3)In Article 12 (broadcasting or including programme in cable programme service)—

(a)in paragraphs (1), (3)(b), (4)(a) and (5)(a), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ included in a programme service ”; and

(b)the following provisions shall be omitted—

(i)in paragraph (2)(a), the words “broadcasting or cable”,

(ii)in paragraphs (4)(b) and (5)(b), the words “broadcast or”, wherever occurring,

(iii)paragraph (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), and

(iv)paragraph (8) (application of certain provisions of M6Cable and Broadcasting Act 1984).

(4)In Article 13 (possession of matter intended or likely to stir up hatred or arouse fear)—

(a)in paragraph (1), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ or included in a programme service ”

(b)in paragraph (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted “ or inclusion in a programme service ” and

(c)paragraph (4) (exemption for material kept by BBC or Independent Broadcasting Authority) shall be omitted.

(5)In Article 17 (interpretation)—

(a)the definitions of “broadcast” and “cable programme service” shall be omitted;

(b)in the definition of “programme”, for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”; and

(c)the following definition shall be inserted after that definition—

“ “programme service” has the same meaning as in the Broadcasting Act 1990;”.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Marginal Citations

DefamationE+W+S+N.I.

166 Defamatory material.E+W+S+N.I.

(1)For the purposes of the law of libel and slander (including the law of criminal libel so far as it relates to the publication of defamatory matter) the publication of words in the course of any programme included in a programme service shall be treated as publication in permanent form.

(2)Subsection (1) above shall apply for the purposes of section 3 of each of the Defamation Acts (slander of title etc.) as it applies for the purposes of the law of libel and slander.

[F1(3)Section 7 of each of those Acts (qualified privilege of newspapers) shall apply in relation to—

(a)reports or matters included in a programme service, and

(b)any inclusion in such a service of any such report or matter,

as it applies in relation to reports and matters published in a newspaper and to publication in a newspaper; and subsection (2) of that section shall have effect, in relation to any such inclusion, as if for the words “in the newspaper in which” there were substituted the words “ in the programme service in which ”.]

(4)In this section “the Defamation Acts” means the M7Defamation Act 1952 and the M8Defamation Act (Northern Ireland) 1955.

(5)Subsections (1) and (2) above do not extend to Scotland.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Amendments (Textual)

F1S. 166(3) repealed (31.3.2001 for S. and otherwiseprosp.) by 1996 c. 31, ss. 16, 19, Sch. 2 (with s. 20(2)); S.S.I. 2001/98, art. 3

Marginal Citations

SupplementaryE+W+S+N.I.

167 Power to make copies of recordings.E+W+S+N.I.

(1)If a justice of the peace is satisfied by information on oath laid by a constable that there is reasonable ground for suspecting that a relevant offence has been committed by any person in respect of a programme included in a programme service, he may make an order authorising any constable to require that person—

(a)to produce to the constable a visual or sound recording of any matter included in that programme, if and so far as that person is able to do so; and

(b)on the production of such a recording, to afford the constable an opportunity of causing a copy of it to be made.

(2)An order made under this section shall describe the programme to which it relates in a manner sufficient to enable that programme to be identified.

(3)A person who without reasonable excuse fails to comply with any requirement of a constable made by virtue of subsection (1) shall be guilty of an offence and liable on summary conviction to a fine not exceeding the third level on the standard scale.

(4)No order shall be made under this section in respect of any recording in respect of which a warrant could be granted under any of the following provisions, namely—

(a)section 3 of the M9Obscene Publications Act 1959;

(b)section 24 of the M10Public Order Act 1986; and

(c)Article 14 of the M11Public Order (Northern Ireland) Order 1987.

(5)In the application of subsection (1) to England and Wales “relevant offence” means an offence under—

(a)section 2 of the Obscene Publications Act 1959; or

(b)section 22 of the Public Order Act 1986.

(6)In the application of subsection (1) to Scotland—

(a)relevant offence” means an offence under—

(i)section 51 of the M12Civic Government (Scotland) Act 1982, or

(ii)section 22 of the Public Order Act 1986;

(b)the reference to a justice of the peace shall include a reference to the sheriff; and

(c)for the reference to information on oath there shall be substituted a reference to evidence on oath.

(7)In the application of subsection (1) to Northern Ireland—

(a)relevant offence” means an offence under Article 12 of the Public Order (Northern Ireland) Order 1987;

(b)for the reference to a justice of the peace there shall be substituted a reference to a resident magistrate; and

(c)for the reference to information on oath laid by a constable there shall be substituted a reference to a complaint on oath made by a constable.

Annotations: Help about Annotation
Close

Annotations are used to give authority for changes and other effects on the legislation you are viewing and to convey editorial information. They appear at the foot of the relevant provision or under the associated heading. Annotations are categorised by annotation type, such as F-notes for textual amendments and I-notes for commencement information (a full list can be found in the Editorial Practice Guide). Each annotation is identified by a sequential reference number. For F-notes, M-notes and X-notes, the number also appears in bold superscript at the relevant location in the text. All annotations contain links to the affecting legislation.

Modifications etc. (not altering text)

C1S. 167 amended (1.4.1997) by 1996 c. 55, s. 117 (with s. 43(1)(6)); S.I. 1997/1005, art. 4

Marginal Citations

Yn ôl i’r brig

Options/Help

Print Options

You have chosen to open The Whole Act

The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act as a PDF

The Whole Act you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open The Whole Act without Schedules

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open The Whole Act without Schedules as a PDF

The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan

Y Ddeddf Gyfan you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open y Ddeddf Gyfan heb Atodlenni

Y Ddeddf Gyfan heb Atodlenni you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

You have chosen to open Schedules only

Y Rhestrau you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.

Would you like to continue?

Close

Mae deddfwriaeth ar gael mewn fersiynau gwahanol:

Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.

Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed):Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.

Close

See additional information alongside the content

Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.

Close

Dewisiadau Agor

Dewisiadau gwahanol i agor deddfwriaeth er mwyn gweld rhagor o gynnwys ar y sgrin ar yr un pryd

Close

Rhagor o Adnoddau

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • slipiau cywiro
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill
Close

Rhagor o Adnoddau

Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:

  • y PDF print gwreiddiol y fel deddfwyd fersiwn a ddefnyddiwyd am y copi print
  • slipiau cywiro

liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys

  • rhestr o newidiadau a wnaed gan a/neu yn effeithio ar yr eitem hon o ddeddfwriaeth
  • manylion rhoi grym a newid cyffredinol
  • pob fformat o’r holl ddogfennau cysylltiedig
  • dolenni i ddeddfwriaeth gysylltiedig ac adnoddau gwybodaeth eraill