Communications Act 2003

The public service remit for television U.K.

264 OFCOM reports on the fulfilment of the public service remit U.K.

(1) It shall be the duty of OFCOM—

(a) as soon as practicable after the end of the period of twelve months beginning with the commencement of this section, and

(b) as soon as practicable after the end of each such subsequent period as may be selected by OFCOM for the purposes of this section,

to satisfy, for that period, the review and reporting obligations of subsection (3).

(2) The period selected by OFCOM for the purposes of subsection (1)(b) must be a period of not more than five years beginning with the end of the previous period for which OFCOM have satisfied those review and reporting obligations.

[F1 (3) The review and reporting obligations for a period are—

(a) an obligation to carry out a review of the extent to which the public service remit for television in the United Kingdom has, during that period, been fulfilled by the public service broadcasters (taking them all together over the period as a whole); and

(b) an obligation, with a view to maintaining and strengthening the quality of the audiovisual content made available in order to fulfil the public service remit for television in the United Kingdom, to prepare a report on the matters found in the review.

(4) The public service remit for television in the United Kingdom is fulfilled where the public service broadcasters (taken together) make available a broad range of audiovisual content—

(a) in a manner which, taking into account when and how their relevant audiovisual services are received or accessed, is likely to meet the needs and satisfy the interests of as many different audiences as practicable, and

(b) which meets the needs and satisfies the interests of as many different available audiences as practicable as regards the nature of the audiovisual content made available and the subject-matters covered by it,

and that range of audiovisual content includes material satisfying the requirements in subsection (5) and itself satisfies the requirement in subsection (6).

(5) The requirements in this subsection are—

(a) that the audiovisual content made available by the public service broadcasters (taken together) provides, to the extent that is appropriate for facilitating civic understanding and fair and well-informed debate on news and current affairs, a comprehensive and authoritative coverage of news and current affairs—

(i) in, and in the different parts of, the United Kingdom, and

(ii) from around the world;

(b) that the audiovisual content made available by the public service broadcasters (taken together) comprises a public service for the dissemination of information and for the provision of education and entertainment, which includes what appears to OFCOM to be—

(i) a sufficient quantity of audiovisual content that reflects the lives and concerns of different communities and cultural interests and traditions within the United Kingdom, and locally in different parts of the United Kingdom, and

(ii) a sufficient quantity of audiovisual content that is in, or mainly in, a recognised regional or minority language;

(c) that the audiovisual content made available by the public service broadcasters (taken together) includes an appropriate range and quantity of audiovisual content, contained in original productions, that—

(i) reflects the lives and concerns of children and young people in the United Kingdom,

(ii) is of an educational nature, and

(iii) helps them to understand the world around them; and

(d) that the audiovisual content made available by the public service broadcasters (taken together) includes—

(i) an appropriate range of independent productions with an appropriate combined duration,

(ii) an appropriate range of original productions with an appropriate combined duration, and

(iii) so far as the audiovisual content consists of programmes made in the United Kingdom, an appropriate range of programmes made outside the M25 area with an appropriate combined duration.

(6) The requirement in this subsection is that the range of genres of audiovisual content made available by the public service broadcasters (taken together) constitutes an appropriate range of genres.

(7) Particular audiovisual content made available by a public service broadcaster is not to be taken into account for the purpose of determining the extent to which the public service remit for television in the United Kingdom is fulfilled unless the broadcaster has taken steps to ensure that the audiovisual content in question may be received or accessed in accordance with subsection (8) by so much of the broadcaster’s intended audience as is reasonably practicable.

(8) Audiovisual content may be received or accessed in accordance with this subsection if—

(a) the audiovisual content, and

(b) the relevant audiovisual service by means of which the audiovisual content is provided,

may be received or accessed in intelligible form and free of charge.

(8A) Any requirement to pay sums in accordance with regulations under section 365 is to be disregarded for the purpose of determining whether audiovisual content may be received or accessed in accordance with subsection (8).

(8B) Particular audiovisual content made available by a public service broadcaster by means of an on-demand programme service or a non-UK on-demand programme service is not to be taken into account for the purpose of determining the extent to which the public service remit for television in the United Kingdom is fulfilled unless the audiovisual content in question is available for a period of not less than 30 days beginning with the day on which that content is first made available for viewing.

(8C) Subsection (8B) does not apply to news programmes or programmes containing coverage of sporting events that are made available by a public service broadcaster by means of an on-demand programme service or a non-UK on-demand programme service.

(8D) The Secretary of State may by regulations amend subsection (8B) so as to substitute a different period for the period for the time being specified there.

(8E) In carrying out a review under this section OFCOM must consider—

(a) the costs to public service broadcasters of fulfilling the public service remit for television in the United Kingdom;

(b) the sources of income available to them for meeting those costs.

(8F) Every report under this section must—

(a) specify, and comment on, whatever changes appear to OFCOM to have occurred, during the period to which the report relates, in the extent to which the public service remit for television in the United Kingdom has been fulfilled;

(b) specify, and comment on, whatever changes appear to OFCOM to have occurred, during that period, in the manner in which that remit is fulfilled;

(c) set out the findings of OFCOM on their consideration of the matters mentioned in subsection (8E) and any conclusions they have arrived at in relation to those findings; and

(d) set out OFCOM’s conclusions on the current state of the audiovisual content made available by public service broadcasters in order to fulfil the public service remit for television in the United Kingdom.]

(9) In performing their duties under this section, OFCOM must have regard, in particular, to—

(a) every statement of programme F2 ... policy which has been made by virtue of this Chapter by a public service broadcaster, or which is treated as such a statement;

(b) every equivalent statement of policy made by the BBC in pursuance of the BBC Charter and Agreement; and

(c) such matters arising at times before the coming into force of this section as OFCOM consider material.

(10) Every report prepared by OFCOM under this section must be published by them—

(a) as soon as practicable after its preparation is complete; and

(b) in such manner as they consider appropriate.

[F3 (10A) Before making regulations under this section the Secretary of State must consult OFCOM.

(10B) A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.]

[F4 (11) The following are relevant audiovisual services for the purposes of this section—

(a) a television broadcasting service;

(b) a television licensable content service;

(c) a digital television programme service;

(d) an on-demand programme service;

(e) a non-UK on-demand programme service;

(f) a service, other than a service referred to in any of paragraphs (a) to (e), which falls within subsection (11A).

(11A) A service falls within this subsection if it is a service, or a dissociable section of a service, which has the following characteristics—

(a) its principal purpose is the provision of programmes,

(b) the programmes which it provides are accessed by viewers by means of the internet,

(c) there is a person who has general control over which programmes are comprised in the service or the dissociable section of the service (whether or not the person has control of the content of individual programmes or the distribution of the service), and

(d) the service or the dissociable section of the service is available for use by members of the public in all or part of the United Kingdom.

(11B) The services that are to be taken for the purposes of subsection (11A)(d) to be available for use by members of the public include any service which—

(a) is made available for use only to persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision, but

(b) is a service the facility of subscribing to which, or otherwise requesting its provision, is offered or made available to members of the public.]

(12) The following are public service broadcasters for the purposes of this section—

(a) the BBC;

(b) [F5 S4C; ] [F6 and]

(c) the providers of the licensed public service channels; F7 ...

F7 (d) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (13) For the purposes of this section, audiovisual content is made available by a public service broadcaster if—

(a) it is provided by means of a relevant audiovisual service provided by the broadcaster, or

(b) it is provided by means of a relevant audiovisual service provided by another person, under arrangements made between the broadcaster and that other person.

(14) In the case of a service falling within subsection (11)(f), the person, and the only person, who is to be treated for the purposes of this section as providing the service is the person described in subsection (11A)(c); and section 362(3) applies in relation to such a service as it applies in relation to a service referred to in section 362(2).

(15) In this section, a reference to the provision of an on-demand programme service or a non-UK on-demand programme service is to be read in accordance with section 368R(5) and (6).

(16) In this section—

• “audiovisual content” means the programmes, other than advertisements, included in a relevant audiovisual service;

• “children” means persons under the age of 18;

• “independent production”—

  (a)

  in relation to the provider of a licensed public service channel, has the same meaning as in section 277;

  (b)

  in relation to the BBC, has the same meaning as in paragraph 1 of Schedule 12;

  (c)

  in relation to S4C, has the same meaning as in paragraph 7 of Schedule 12;

• “intended audience” means—

  (a)

  in relation to the provider of a Channel 3 service provided for an area of the United Kingdom, members of the public in that area;

  (b)

  in relation to any other public service broadcaster, members of the public in the United Kingdom;

• “original production”—

  (a)

  in relation to the provider of a licensed public service channel, has the same meaning as in section 278;

  (b)

  in relation to the BBC, has the meaning given by the BBC Charter and Agreement;

  (c)

  in relation to S4C, has the same meaning as in paragraph 8 of Schedule 12;

• “programme” means any programme (with or without sounds) which consists of moving or still images or of legible text or of a combination of those things;

• “recognised regional or minority language” means Welsh, the Gaelic language as spoken in Scotland, Irish, Scots, Ulster Scots or Cornish.]

Textual Amendments

F1 S. 264(3)-(8F) substituted for s. 264(3)-(8) (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 1(2), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(a)

F2 Words in s. 264(9)(a) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 37(a); S.I. 2024/858, reg. 2(1)(v)

F3 S. 264(10A)(10B) inserted (1.1.2026) by Media Act 2024 (c. 15), ss. 1(3), 55(3)(a); S.I. 2025/1049, reg. 3(a)

F4 S. 264(11)-(11B) substituted for s. 264(11) (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 1(4), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(a)

F5 S. 264(12)(b) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 35; S.I. 2024/858, reg. 2(1)(x)

F6 Word in s. 264(12)(b) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 37(b)(i); S.I. 2024/858, reg. 2(1)(v)

F7 S. 264(12)(d) and word omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 37(b)(ii); S.I. 2024/858, reg. 2(1)(v)

F8 S. 264(13)-(16) substituted for s. 264(13) (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 1(5), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(a)

Commencement Information

I1 S. 264 in force at 25.7.2003 by S.I. 2003/1900, art. 2(1), Sch. 1 (with art. 4)

[F9 264A OFCOM reports: wider review and reporting obligations U.K.

(1) When carrying out a review under section 264 for a period, OFCOM must also carry out a review of the extent to which material included in media services during that period (taken together over the period as a whole) contributed towards the fulfilment of the [F10 public service requirements].

(2) Every report under section 264 must—

(a) include a report on the matters found on the review under this section,

(b) specify, and comment on, whatever changes appear to OFCOM to have occurred, during the period to which the report relates, in the extent to which the public service [F11 requirements] have been fulfilled,

(c) specify, and comment on, whatever changes appear to OFCOM to have occurred, during that period, in the manner in which those [F12 requirements] are fulfilled, and

(d) set out OFCOM's conclusions on the current state of material included in media services.

[F13 (3) “The public service requirements” are the requirements set out in paragraphs (a) to (d) of section 264(5), as modified by subsection (4).

(4) Section 264(5) has effect for the purposes of subsection (3) as if references to audiovisual content made available by the public service broadcasters, or to programmes included in that content, were references to material included in media services.]

(5) In this section—

• “material” does not include advertisements;

• “media services” means any of the following services that are available to members of the public in all or part of the United Kingdom—

  (a)

  television and radio services,

  (b)

  on-demand programme services,

  (ba)

  [F14 non-UK on-demand programme services,] and

  (c)

  other services provided by means of the internet where there is a person who exercises editorial control over the material included in the service.

(6) The services that are to be taken for the purposes of this section to be available to members of the public include any service which—

(a) is available for reception by members of the public (within the meaning of section 361); or

(b) is available for use by members of the public (within the meaning of section 368R(4)).]

Textual Amendments

F9 S. 264A inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 2, 47(1)

F10 Words in s. 264A(1) substituted (1.1.2026) by Media Act 2024 (c. 15), ss. 2(2), 55(3)(a); S.I. 2025/1049, reg. 3(b)

F11 Word in s. 264A(2)(b) substituted (1.1.2026) by Media Act 2024 (c. 15), ss. 2(3), 55(3)(a); S.I. 2025/1049, reg. 3(b)

F12 Word in s. 264A(2)(c) substituted (1.1.2026) by Media Act 2024 (c. 15), ss. 2(3), 55(3)(a); S.I. 2025/1049, reg. 3(b)

F13 S. 264A(3)(4) substituted (1.1.2026) by Media Act 2024 (c. 15), ss. 2(4), 55(3)(a); S.I. 2025/1049, reg. 3(b)

F14 Words in s. 264A(5) inserted (1.1.2026) by Media Act 2024 (c. 15), ss. 2(5), 55(3)(a); S.I. 2025/1049, reg. 3(b)

265 Public service remits of licensed providers U.K.

(1) The regulatory regime for every licensed public service channel F15 ... includes a condition requiring the provider of the channel F16 ... to fulfil the public service remit for that channel F16 ....

[F17 (2) The public service remit for every Channel 3 service and for Channel 5 is to make available a range of high quality and diverse audiovisual content—

(a) which is all capable of being taken into account for the purpose of determining the extent to which the public service remit for television in the United Kingdom is fulfilled (see section 264(7) to (8C)), and

(b) which, considered as a whole, constitutes an adequate contribution to the fulfilment of that remit.]

[F18 (3) The public service remit for Channel 4 is to make available a broad range of high quality and diverse audiovisual content—

(a) which, in particular—

(i) demonstrates innovation, experiment and creativity in the form and content of programmes,

(ii) appeals to the tastes and interests of a culturally diverse society,

(iii) includes a significant quantity and range of programmes of an educational nature and other programmes of educative value, and

(iv) exhibits a distinctive character,

(b) which is all capable of being taken into account for the purpose of determining the extent to which the public service remit for television in the United Kingdom is fulfilled, and

(c) which, considered as a whole, constitutes an adequate contribution to the fulfilment of that remit.]

F19 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F20 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F21 (6) In this section, a reference to making available audiovisual content, in relation to a licensed public service channel, is a reference to the provider of that channel making available audiovisual content.

(7) Section 264(13) applies for the purposes of this section as it applies for the purposes of section 264.]

Textual Amendments

F15 Words in s. 265(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 38(a)(i); S.I. 2024/858, reg. 2(1)(v)

F16 Words in s. 265(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 38(a)(ii); S.I. 2024/858, reg. 2(1)(v)

F17 S. 265(2) substituted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 3(2), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(c)

F18 S. 265(3) substituted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 3(3), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(c)

F19 S. 265(4) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 38(b); S.I. 2024/858, reg. 2(1)(v)

F20 S. 265(5) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 38(b); S.I. 2024/858, reg. 2(1)(v)

F21 S. 265(6)(7) inserted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 3(4), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(c)

Commencement Information

I2 S. 265 in force at 28.12.2004 by S.I. 2004/3309, art. 3

266 Statements of programme policy U.K.

(1) The regulatory regime for every licensed public service channel includes a condition requiring the provider of the channel—

(a) as soon as practicable after the coming into force of this section and subsequently at annual intervals, to prepare a statement of programme policy; and

(b) to monitor his own performance in the carrying out of the proposals contained in the statements made in pursuance of the condition.

(2) The condition must require every statement of programme policy prepared in accordance with the condition to set out the proposals of the provider of the channel for securing that, during the following year—

(a) the public service remit for the channel will be fulfilled; and

(b) the duties imposed on the provider by virtue of sections 277 to 296 will be performed.

[F22 (2A) The condition must require such proposals—

(a) to state whether two or more relevant audiovisual services (including the channel) are proposed to be used to fulfil the public service remit for the channel, and

(b) if so, to identify, in relation to each of the relevant audiovisual services, its proposed contribution to the fulfilment of the remit.]

(3) The condition must also require every such statement to contain a report on the performance of the provider of the channel in the carrying out, during the period since the previous statement, of the proposals contained in that statement.

(4) The condition must also provide that every such statement—

(a) must be prepared having regard to guidance given by OFCOM;

(b) must be prepared taking account of the reports previously published by OFCOM under sections 264 and 358;

(c) must take special account of the most recent such reports;

(d) must be published by the provider of the channel in question as soon as practicable after its preparation is complete; and

(e) must be published in such manner as, having regard to any guidance given by OFCOM, the provider considers appropriate.

(5) In preparing guidance about the preparation of such a statement, OFCOM must have regard, in particular, to the matters which, in the light of the provisions of [F23 section 264(4) to (6)], they consider should be included in statements of programme policy.

(6) It shall be the duty of OFCOM—

(a) from time to time to review the guidance for the time being in force for the purposes of this section; and

(b) to make such revisions of that guidance as they think fit.

(7) The conditions of a licence to provide a licensed public service channel may provide that a previous statement of policy made by the provider of the channel is to be treated for the purposes of this Part—

(a) as if it were a statement made in relation to such period as may be so specified; and

(b) were a statement of programme policy for the purposes of a condition imposed under this section.

(8) The reference in subsection (7) to a previous statement of policy is a reference to any statement made by the provider of the channel—

(a) whether before or after the commencement of this section, for the purposes of his application for a Broadcasting Act licence for the channel; or

(b) at any time before the commencement of this section, for any other purpose.

(9) A condition under subsection (7) cannot contain provision the effect of which is to postpone the time at which a licence holder is required to make the first statement of programme policy which (apart from that subsection) he is required to make in pursuance of a condition imposed under this section.

Textual Amendments

F22 S. 266(2A) inserted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 4(2), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(d)

F23 Words in s. 266(5) substituted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 4(3), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(d)

Commencement Information

I3 S. 266 in force at 28.12.2004 by S.I. 2004/3309, art. 3

267 Changes of programme policy U.K.

(1) The regulatory regime for every licensed public service channel includes a condition requiring compliance with subsection (2) in the case of a statement of programme policy containing proposals for a significant change.

(2) This subsection requires the provider of the channel—

(a) to consult OFCOM before preparing the statement; and

(b) to take account, in the preparation of the statement, of any opinions expressed to the provider of the channel by OFCOM.

(3) A condition imposed under this section must further provide that, if it appears to OFCOM that a statement of programme policy has been prepared by the provider of the channel in contravention of a condition imposed under subsection (1), the provider is—

(a) to revise that statement in accordance with any directions given to him by OFCOM; and

(b) to publish a revision of the statement in accordance with any such directions only after the revision has been approved by OFCOM.

(4) A change is a significant change for the purposes of this section if it is a change as a result of [F24 which—

(a) the channel, or

(b) any other relevant audiovisual service which is being used to fulfil the public service remit for the channel,

would] in any year be materially different in character from in previous years.

(5) In determining for the purposes of any condition under this section whether a change is a significant change—

(a) regard must be had to any guidance issued by OFCOM;

(b) the changes to be considered include any changes that, together with any proposed change for a particular year, would constitute a change occurring gradually over a period of not more than three years; and

(c) the previous years with which a comparison is to be made must be those immediately preceding the year in which the change is made, or in which the changes comprised in it began to occur.

(6) It shall be the duty of OFCOM—

(a) from time to time to review the guidance for the time being in force for the purposes of this section; and

(b) to make such revisions of that guidance as they think fit.

Textual Amendments

F24 Words in s. 267(4) substituted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 5, 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(e)

Commencement Information

I4 S. 267 in force at 28.12.2004 by S.I. 2004/3309, art. 3

F25 268 Statements of service policy by the public teletext provider U.K.

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

Textual Amendments

F25 S. 268 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 39; S.I. 2024/858, reg. 2(1)(v)

F26 269 Changes of service policy U.K.

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

Textual Amendments

F26 S. 269 omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 40; S.I. 2024/858, reg. 2(1)(v)

270 Enforcement of public service remits U.K.

(1) This section applies if OFCOM are of the opinion that the provider of a licensed public service channel F27 ...—

(a) has failed [F28 , in any respect,] to fulfil the public service remit for that channel F29 ...; F30 ...

F30 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This section does not apply unless—

(a) OFCOM are of the opinion that the failure of the provider is serious and is not excused by economic or market conditions; and

(b) OFCOM determine that the situation requires the exercise of their powers under this section.

(3) In making a determination under subsection (2)(b), OFCOM must have regard, in particular, to—

(a) the public service remit of that provider;

(b) the statements of programme policy F31 ... made (or treated as made) by the provider under section 266 F32 ...;

(c) the record generally of the provider in relation to the carrying out of obligations imposed by conditions of licences under the 1990 Act and the 1996 Act (including past obligations);

[F33 (ca) the record of the provider as regards compliance with duties under Part 4A (on-demand programme services);]

(d) the effectiveness and efficiency of the provider in monitoring his own performance; and

(e) general economic and market conditions affecting generally the providers of television programme services or the providers of television multiplex services, or both of them.

(4) OFCOM shall have power to give directions to the provider to do one or both of the following—

(a) to revise the provider’s latest statement of programme policy F34 ... in accordance with the directions; and

(b) to take such steps for remedying the provider’s failure as OFCOM may specify in the direction as necessary for that purpose.

[F35 (4A) Where the provider’s latest statement of programme policy states that one or more relevant audiovisual services other than the provider’s channel will be used to fulfil the public service remit for the channel, a direction given under this section may make provision with respect to that service or any of those services.]

(5) A direction given under this section must set out—

(a) a reasonable timetable for complying with it; and

(b) the factors that will be taken into account by OFCOM in determining—

(i) whether or not a failure of the provider has been remedied; and

(ii) whether or not to exercise their powers under subsection (6).

(6) If OFCOM are satisfied—

(a) that the provider of a public service channel F36 ... has failed to comply with a direction under this section,

(b) that that provider is still failing to fulfil the public service remit for that channel F37 ... F38 ..., and

(c) that it would be both reasonable and proportionate to the seriousness of that failure to vary the provider’s licence in accordance with this subsection,

OFCOM may, by notice to the provider, vary that licence so as to replace self-regulation with detailed regulation.

(7) For the purposes of subsection (6) a variation replacing self-regulation with detailed regulation is a variation which—

(a) omits the conditions imposed by virtue of sections 265 to [F39 267]; and

(b) replaces those conditions with such specific conditions as OFCOM consider appropriate for securing that the provider—

(i) fulfils the public service remit for his [F40 channel]; F41 ...

F41 (ii) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F42 (7A) Where the provider’s latest statement of programme policy states that one or more relevant audiovisual services other than the provider’s channel will be used to fulfil the public service remit for the channel, specific conditions inserted into the provider’s licence under subsection (7) may make provision with respect to that service or any of those services.]

(8) If, at any time following a variation in accordance with subsection (6) of a provider’s licence, OFCOM consider that detailed regulation is no longer necessary, they may again vary the licence so as, with effect from such time as they may determine—

(a) to provide for the conditions required by virtue of sections 265 to [F43 267] again to be included in the regulatory regime for the [F44 channel] provided by that provider; and

(b) to remove or modify some or all of the specific conditions inserted under that subsection.

(9) Before giving a direction under this section to a provider or exercising their power under this section to vary a provider’s licence, OFCOM must consult that provider.

F45 (10) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F27 Words in s. 270(1) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(2)(a); S.I. 2024/858, reg. 2(1)(v)

F28 Words in s. 270(1)(a) inserted (1.1.2026) by Media Act 2024 (c. 15), ss. 6(2)(a), 55(3)(a); S.I. 2025/1049, reg. 3(f)

F29 Words in s. 270(1)(a) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(2)(b); S.I. 2024/858, reg. 2(1)(v)

F30 S. 270(1)(b) and word omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), ss. 6(2)(b), 55(3)(a); S.I. 2025/1049, reg. 3(f)

F31 Words in s. 270(3)(b) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(3)(a); S.I. 2024/858, reg. 2(1)(v)

F32 Words in s. 270(3)(b) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(3)(b); S.I. 2024/858, reg. 2(1)(v)

F33 S. 270(3)(ca) inserted (1.1.2026) by Media Act 2024 (c. 15), ss. 6(3), 55(3)(a); S.I. 2025/1049, reg. 3(f)

F34 Words in s. 270(4)(a) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(4); S.I. 2024/858, reg. 2(1)(v)

F35 S. 270(4A) inserted (1.1.2026) by Media Act 2024 (c. 15), ss. 6(4), 55(3)(a); S.I. 2025/1049, reg. 3(f)

F36 Words in s. 270(6)(a) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(5)(a); S.I. 2024/858, reg. 2(1)(v)

F37 Words in s. 270(6)(b) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(5)(b); S.I. 2024/858, reg. 2(1)(v)

F38 Words in s. 270(6)(b) omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), ss. 6(5), 55(3)(a); S.I. 2025/1049, reg. 3(f)

F39 Word in s. 270(7)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(6)(a); S.I. 2024/858, reg. 2(1)(v)

F40 Word in s. 270(7)(b)(i) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(6)(b); S.I. 2024/858, reg. 2(1)(v)

F41 S. 270(7)(b)(ii) and word omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), ss. 6(6), 55(3)(a); S.I. 2025/1049, reg. 3(f)

F42 S. 270(7A) inserted (1.1.2026) by Media Act 2024 (c. 15), ss. 6(7), 55(3)(a); S.I. 2025/1049, reg. 3(f)

F43 Word in s. 270(8)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(7)(a); S.I. 2024/858, reg. 2(1)(v)

F44 Word in s. 270(8)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(7)(b); S.I. 2024/858, reg. 2(1)(v)

F45 S. 270(10) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 41(8); S.I. 2024/858, reg. 2(1)(v)

Commencement Information

I5 S. 270 in force at 28.12.2004 by S.I. 2004/3309, art. 3

271 Power to amend public service remits U.K.

(1) The Secretary of State may by order modify any one or more of the following—

(a) the public service remit for any licensed public service channel F46 ...;

[F47 (b) the public service remit for television in the United Kingdom (see section 264(4) to (8C)).]

F48 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) The Secretary of State is not to make an order under this section except where—

(a) OFCOM have made a recommendation for the making of such an order in their most recent report under section 229 or 264; or

(b) subsection (3) applies to the order.

(3) This subsection applies to an order if—

(a) it is made by the Secretary of State less than twelve months after the date on which he has received a report under section 229;

(b) he has considered that report; and

(c) he is satisfied that the making of the order is required, notwithstanding the absence of a recommendation by OFCOM, by circumstances or other matters which are dealt with in that report or which (in his opinion) should have been.

(4) Before including a recommendation for the making of an order under this section in a report under section 229 or 264, OFCOM must consult—

(a) members of the public in the United Kingdom;

(b) such public service broadcasters as they consider are likely to be affected if the Secretary of State gives effect to the recommendation they are proposing to make; and

(c) such of the other persons providing television and radio services as OFCOM consider appropriate.

(5) Before making an order under this section, the Secretary of State must consult the persons mentioned in subsection (6) about its terms (even if the order is the one recommended by OFCOM).

(6) Those persons are—

(a) OFCOM;

(b) such public service broadcasters as they consider are likely to be affected by the order; and

(c) such of the other persons providing television and radio services as he considers appropriate.

(7) No order is to be made containing provision authorised by this section unless a draft of the order has been laid before Parliament and approved by a resolution of each House.

(8) In this section “public service broadcaster” means any of the persons who are public service broadcasters for the purposes of section 264.

Textual Amendments

F46 Words in s. 271(1)(a) omitted (23.8.2024) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 42; S.I. 2024/858, reg. 2(1)(v)

F47 S. 271(1)(b) substituted (1.1.2026) by Media Act 2024 (c. 15), ss. 7(a), 55(3)(a); S.I. 2025/1049, reg. 3(g)

F48 S. 271(1)(c) omitted (1.1.2026) by virtue of Media Act 2024 (c. 15), ss. 7(b), 55(3)(a); S.I. 2025/1049, reg. 3(g)

Commencement Information

I6 S. 271 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F49 271A Remedying failure by C4C to perform media content duties U.K.

(1) This section applies if OFCOM are satisfied—

(a) that C4C have failed to comply with a direction under section 198D in respect of a failure to perform one or more of their duties under section 198A [F50 or 198AA],

(b) that C4C are still failing to perform that duty or those duties, and

(c) that it would be both reasonable and proportionate to the seriousness of the failure to vary the licence under which Channel 4 is licensed (“the Channel 4 licence”) in accordance with this section.

(2) OFCOM may, by notice to C4C, vary the Channel 4 licence by adding such conditions, or making such modifications of conditions, as OFCOM consider appropriate for remedying (entirely or partly) C4C's failure to perform the duty or duties under section 198A [F51 or 198AA].

(3) If, at any time following such a variation, OFCOM consider that any of the additional conditions or modifications is no longer necessary, they may again vary the licence with effect from such time as they may determine.

(4) OFCOM must consult C4C before exercising their power under this section to vary the Channel 4 licence.]

Textual Amendments

F49 S. 271A inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 23(2), 47(1)

F50 Words in s. 271A(1)(a) inserted (23.8.2024 for specified purposes, 1.10.2025 in so far as not already in force) by Media Act 2024 (c. 15), ss. 30(6)(a), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)

F51 Words in s. 271A(2) inserted (23.8.2024 for specified purposes, 1.10.2025 in so far as not already in force) by Media Act 2024 (c. 15), ss. 30(6)(b), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)