The Television Broadcasting Regulations 2000

Explanatory Note

(This note is not part of the Regulations)

These Regulations under section 2(2) of the European Communities Act 1972 give effect in the United Kingdom to provisions of Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities, as amended by Council Directive 97/36/EC amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities.

Regulation 2 makes an amendment to section 13 of the Broadcasting Act 1990 which is consequential on amendments made by the Television Broadcasting Regulations 1998 (S.I. 1998/3196) for the purpose of implementing Article 2 of Council Directive 89/552/EEC. Regulation 3 and the Schedule implement Article 3a of the Directive.

Paragraph 1 of the Schedule replaces section 98 of the Broadcasting Act 1996 (categories of service) so as to redefine the two categories of television programme services previously specified. For the purposes of Part IV of the Broadcasting Act 1996 television programme services and EEA satellite services are to be divided into two categories; those which for the time being satisfy the qualifying conditions and all other television programme services and EEA satellite services. The Independent Television Commission are from time to time to publish a list of the television programme services and EEA satellite services which appear to them to satisfy the “qualifying conditions”. The qualifying conditions in relation to a service means the conditions that the service is provided without any consideration being required for the reception of the service and that the service is received by 95 per cent. of the population of the United Kingdom.

Paragraph 2 of the Schedule replaces paragraph (a) of section 99(3) of the Broadcasting Act 1996 (contract for exclusive right to televise listed event to be void) so as to provide that for the purposes of section 99 rights to televise the whole or any part of an event live for reception in any area granted to a television programme provider (as defined in section 99(2)) are to be taken to be granted exclusively only if the person granting them has not granted any right to televise the whole or part of a listed event live for reception in that area to any other television programme provider nor to any broadcaster who is under the jurisdiction of an EEA State other than the United Kingdom and is precluded by the terms of the contract from doing so.

Paragraph 3 of the Schedule amends section 101 of the Broadcasting Act 1996 (restriction on televising of listed event) by replacing “person” in the first place which it occurs with the words “television programme provider”.

Paragraph 4 of the Schedule inserts two new sections into Part IV of the Broadcasting Act 1996—section 101A (designated events in relation to other EEA States) and section 101B (restriction on the televising of an event designated by other EEA State). The new section 101A defines a designated event in relation to an EEA State other than the United Kingdom. An event is a designated event if an EEA State other than the United Kingdom has designated the event in accordance with Article 3a(1) of Council Directive 89/552/EEC as being of major importance for society and that designation forms part of measures which have been notified by that State to the European Commission for the purposes of Article 3a(2) of that Directive and notice of which has been published in the Official Journal of the Communities. Section 101B introduces a restriction on televising of an event designated by an EEA State other than the United Kingdom. It provides that a television programme provider shall not, without the previous consent of the Independent Television Commission, exercise rights to televise the whole or part of an event which is a designated event in relation to an EEA State other than the United Kingdom, for reception in that EEA State or any area of that EEA State, where a substantial proportion of the public in that EEA State is deprived of the possibility of following that event by live or deferred coverage on free television. The restriction does not apply where the rights were acquired before the day on which the event became a designated event.

Paragraph 5 of the Schedule amends section 102 of the Broadcasting Act 1996 (power of Independent Television Commission to impose penalty) so as to enable the Commission, if they are satisfied that the holder of a licence under Part I of the Broadcasting Act 1990 or a digital programme licence under Part I of the Broadcasting Act 1996 has failed to comply with subsection (1) of the new section 101B of the Broadcasting Act 1996, to impose a penalty.

Paragraph 6 of the Schedule amends section 103 of the Broadcasting Act 1996 (report to Secretary of State), so as to require the Independent Television Commission, if they are satisfied that the BBC or the Welsh Authority has failed to comply with subsection (1) of the new section 101B, to make a report of the matter to the Secretary of State.

Paragraph 7 of the Schedule extends the duty of the Independent Television Commission to draw up guidance under section 104 of the Broadcasting Act 1996 so as to include guidance as to the matters which they will take into account in determining whether to give or revoke their consent under the new section 101B(1) and in determining for the purposes of section 102(1) or 103(1) whether in all the circumstances it is unreasonable to expect a television programme provider to comply with the new section 101B(1).

Paragraph 8 of the Schedule inserts a new section 104A (provision of information) into Part IV of the Broadcasting Act 1996. The new section 104A provides that a television programme provider shall, at the request of the Independent Television Commission, provide them with such information as the Commission consider appropriate regarding any contract which he has entered into which relates to a designated event. Section 104A further provides that the Independent Television Commission shall, if so requested by a competent authority in an EEA State other than the United Kingdom, provide the authority with such information relating to rights to televise listed events or designated events as the Commission considers appropriate.

Paragraph 9 of the Schedule makes a number of consequential amendments to section 105(1) of the Broadcasting Act 1996 (interpretation of Part IV).