Part V

The Broadcasting Standards Commission

Unjust or unfair treatment or unwarranted infringement of privacy

Preparation by OFCOM of code relating to avoidance of unjust or unfair treatment or interference with privacy.
107
1
It shall be the duty of OFCOM 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 subsection (5) applies, or
b
unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.
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.
2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
OFCOM shall from time to time publish a code under this section (as for the time being in force).
4
Before drawing up or revising a code under this section, OFCOM shall consult—
a
each broadcasting ... body, and
b
such other persons as appear to OFCOM to be appropriate.
5
This subsection applies to—
a
any programme broadcast by the BBC,
b
any programme broadcast by S4C or included in any public service of S4C (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003), and
c
any programme included in a licensed service.
S. 107 applied (27.7.2000) by S.I. 2000/1864, art. 2, Sch. para. 1
Pt. 5: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 14 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Pt. 5 modified (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 52 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Words in s. 107 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 132(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
S. 107(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Words in s. 107(4)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
Words in s. 107(5)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 133 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
S. 107(1A)(1B) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(b); S.I. 2024/858, reg. 2(1)(z1)
Words in s. 107(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(d); S.I. 2024/858, reg. 2(1)(z1)
Word in s. 107(5)(b) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 26; S.I. 2024/858, reg. 2(1)(x)
Words in s. 107(5) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(e); S.I. 2024/858, reg. 2(1)(z1)
Words in s. 107(1)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(a); S.I. 2024/858, reg. 2(1)(z1)
Words in s. 107(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(c); S.I. 2024/858, reg. 2(1)(z1)