SCHEDULES

SCHEDULE 12Corresponding obligations of the BBC and S4C

Part 2S4C

Programme standards

12

It shall be the duty of F1S4C in relation to their public television services to observe the standards set under section 319.

13

It shall be the duty of F2S4C to comply with a direction given to them by OFCOM with respect to the establishment of procedures for the handling and resolution of complaints about the observance by F3S4C of standards set under section 319.

14

(1)

It shall be the duty of F4S4C to comply with directions given to them by OFCOM with respect to any of the matters mentioned in sub-paragraph (2).

(2)

Those matters are—

(a)

the exclusion from any of F5S4C’s public television services of a particular advertisement, or its exclusion in particular circumstances;

(b)

the descriptions of advertisements and methods of advertising to be excluded from the services so provided (whether generally or in particular circumstances); F6...

(c)

the methods of sponsorship to be excluded from those services (whether generally or in particular circumstances) F7; and

(d)

the forms and methods of product placement to be excluded from those services (including descriptions of products, services or trade marks product placement of which is to be excluded) (whether generally or in particular circumstances).

15

(1)

This paragraph applies if OFCOM are satisfied—

F8(a)

that F9S4C have failed in any respect to perform any of their duties under—

(i)

paragraphs 12 to 14,

F10(ii)

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

F10(iii)

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

F10(iv)

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

F10(v)

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

F10(vi)

... and

(b)

that the failure can be appropriately remedied by the inclusion in any or all of F11S4C’s public television services F12... of a correction or a statement of findings.

(2)

OFCOM may direct F13S4C to include a correction or a statement of findings (or both) in any one or more of their public television services F14... .

(3)

A direction may require the correction or statement of findings to be in such form, and to be included in programmes at such time or times, as OFCOM may determine.

(4)

OFCOM are not to give a direction under this paragraph unless they have given F15S4C a reasonable opportunity of making representations to them about the matters appearing to OFCOM to provide grounds for the giving of the direction.

(5)

Where F16S4C include a correction or a statement of findings in any of their public television services F17... in pursuance of a direction under this paragraph, F18S4C may announce that they are doing so in pursuance of such a direction.

(6)

For the purposes of this paragraph a statement of findings, in relation to a case in which OFCOM are satisfied that F19S4C have failed to perform a duty F20mentioned in sub-paragraph (1)(a) , is a statement of OFCOM’s findings in relation to that failure.