Part 3

Television and Radio Services ETC
Chapter 1

The BBC, C4C , S4C and the Gaelic media service

C4C

Directions in relation to C4C's media content duties and commissioning duties
198D
1
This section applies if
OFCOM
—
a
are of the opinion that C4C have failed to perform one or more of their duties under section 198A
, 198AA
or section
198B(1), (1A), (3), (3A)
or (5),
b
are of the opinion that the failure is serious and is not excused by economic or market conditions, and
c
determine that the situation requires the exercise of their functions under this section.
2
In making a determination under subsection (1)(c),
OFCOM
must have regard, in particular, to—
a
C4C's statements of media content policy
or (as the case may be) commissioning policy
,
b
C4C's effectiveness and efficiency in monitoring their own performance, and
c
general economic and market conditions affecting the provision of relevant media content (as defined in section 198A).
3
OFCOM
may give directions to C4C to do one or both of the following—
a
to revise the latest statement of media content policy
or (as the case may be) commissioning policy
in accordance with the direction;
b
to take such steps for remedying the failure as
OFCOM
specify in the direction.
4
A direction given under this section must set out—
a
a reasonable timetable for complying with it, and
b
the factors that
OFCOM
will take into account in determining whether or not a failure has been remedied.
5
OFCOM
must consult C4C before giving a direction under this section.
Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)
Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2
Word in Pt. 3 Ch. 1 heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 31; S.I. 2024/858, reg. 2(1)(x)
Ss. 198B-198D inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 23(1), 47(1)
Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4
Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)
Words in s. 198D heading 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(5)(a), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)
Word in s. 198D(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(5)(b)(i), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)
Words in s. 198D(1)(a) substituted (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(5)(b)(ii), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)
Words in s. 198D(2)(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(5)(c), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)
Words in s. 198D(3)(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(5)(d), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)