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Broadcasting Act 1996

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116 Consideration of standards complaints.E+W+S+N.I.

(1)Subject to the provisions of sections 113 and 114, every standards complaint made to the BSC shall be considered by them either without a hearing or, if they think fit, at a hearing (and any such hearing shall be held in private unless the BSC decide otherwise).

(2)Where a hearing is held in respect of a standards complaint, each of the following persons shall be given an opportunity to attend and be heard, namely—

(a)the complainant,

(b)the relevant person,

(c)where the relevant programme was included in a licensed service, the appropriate regulatory body,

(d)any person not within any of paragraphs (a) to (c) who appears to the BSC to have been responsible for the making or provision of that programme, and

(e)any other person who the BSC consider might be able to assist at the hearing.

(3)In a case where the BSC have made a determination in respect of any complaints under subsection (3) of section 113, subsection (2)(a) shall be construed as referring to such one or more of the persons who made those complaints as the BSC may determine.

(4)Before the BSC proceed to consider a standards complaint they shall send a copy of it—

(a)to the relevant person, and

(b)where the relevant programme was included in a licensed service, to the appropriate regulatory body.

(5)Where the relevant person receives from the BSC a copy of the complaint, it shall be the duty of that person, if so required by the BSC—

(a)to provide the BSC with a visual or sound recording of the relevant programme or any specified part of it, if and so far as he has such a recording in his possession;

(b)to provide the BSC with a transcript of so much of the relevant programme, or of any specified part of it, as consisted of speech, if and so far as he is able to do so;

(c)to provide the BSC with copies of any documents in his possession, being the originals or copies of any correspondence between him and the complainant in connection with the complaint;

(d)to furnish to the BSC a written statement in answer to the complaint.

(6)In this section—

  • licensed service” includes 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, and

  • the relevant person” means—

    (a)

    in a case where the relevant programme was broadcast by a broadcasting body, that body, and

    (b)

    in a case where the relevant programme was included in a licensed service, the licence holder providing that service.

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