Part V The Broadcasting Standards Commission

Unjust or unfair treatment or unwarranted infringement of privacy

107 Preparation by F1OFCOM of code relating to avoidance of unjust or unfair treatment or interference with privacy.

(1)

It shall be the duty of F1OFCOM to draw up, and from time to time review, a code giving guidance as to principles to be observed, and practices to be followed, in connection with the avoidance of—

(a)

unjust or unfair treatment in programmes to which F2subsection (5) applies, or

(b)

unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.

F3(1A)

OFCOM must also draw up, and from time to time review, a code giving guidance as to the principles to be observed, and practices to be followed, in connection with the avoidance of—

(a)

unjust or unfair treatment in any programme that is included in a Tier 1 service (within the meaning given by section 368HA of the Communications Act 2003), or

(b)

unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.

(1B)

Subsection (1A) applies in relation to a Tier 1 service only so far as the service is made available for use by members of the public in the United Kingdom.

F4(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

F1OFCOM shall from time to time publish F5a code under this section (as for the time being in force).

(4)

Before drawing up or revising F6a code under this section, F1OFCOM shall consult—

(a)

each broadcasting F7... body, and

(b)

such other persons as appear to F1OFCOM to be appropriate.

(5)

F8This subsection applies to—

(a)

any programme broadcast by the BBC,

(b)

any programme broadcast by F9S4C or included in F10any public service of F9S4C (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003), and

(c)

any programme included in a licensed service.