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Broadcasting Act 1996

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

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Commencement Orders bringing legislation that affects this Act into force:

Portrayal of violence or sexual conduct etc.E+W+S+N.I.

108 Preparation by BSC of code relating to broadcasting standards generally.E+W+S+N.I.

(1)It shall be the duty of the BSC to draw up, and from time to time review, a code giving guidance as to—

(a)practices to be followed in connection with the portrayal of violence in programmes to which this section applies,

(b)practices to be followed in connection with the portrayal of sexual conduct in such programmes, and

(c)standards of taste and decency for such programmes generally.

(2)It shall be the duty of each broadcasting or regulatory body, when drawing up or revising any code relating to standards and practice for programmes, to reflect the general effect of so much of the code referred to in subsection (1) (as for the time being in force) as is relevant to the programmes in question.

(3)The BSC shall from time to time publish the code referred to in subsection (1) (as for the time being in force).

(4)Before drawing up or revising the code the BSC shall consult—

(a)each broadcasting or regulatory body, and

(b)such other persons as appear to the BSC to be appropriate.

(5)This section applies to—

(a)any programme broadcast by the BBC,

(b)any programme broadcast by the Welsh Authority or included in the service referred to in section 57(1A)(a) of the 1990 Act,

(c)any programme included in a licensed service, and

(d)any programme included in so much of a local delivery service licensed under Part II of the 1990 Act as is, by virtue of section 79(2) or (4) of that Act, treated for certain purposes as the provision of a service licensed under Part I of that Act.

(6)The code drawn up by the Broadcasting Standards Council under section 152 of the 1990 Act, as that code is in force immediately before the commencement of this section, shall be taken to have been drawn up by the BSC under this section.

109 Monitoring by BSC of broadcasting standards.E+W+S+N.I.

(1)It shall be the duty of the BSC to monitor programmes to which section 108 applies with a view to enabling the BSC to make reports on the portrayal of violence and sexual conduct in, and the standards of taste and decency attained by, such programmes generally.

(2)Subject to section 125(2), the BSC may make reports on the matters specified in subsection (1) on such occasions as they think fit; and any such report may include an assessment of either or both of the following, namely—

(a)the attitudes of the public at large towards the portrayal of violence or sexual conduct in, or towards the standards of taste and decency attained by, programmes to which section 108 applies, and

(b)any effects or potential effects on the attitudes or behaviour of particular categories of persons of the portrayal of violence or sexual conduct in such programmes or of any failure on the part of such programmes to attain standards of taste and decency.

(3)The BSC may publish any report made by them in pursuance of subsection (1).

(4)The BSC shall have the further duty of monitoring, so far as is reasonably practicable, all television and sound programmes which are transmitted or sent from outside the United Kingdom but are capable of being received there, with a view to ascertaining—

(a)how violence and sexual conduct are portrayed in those programmes, and

(b)the extent to which those programmes meet standards of taste and decency.

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