Part 3

Television and Radio Services
Chapter 2

Regulatory Structure for Independent Television Services

Television licensable content services

Direction to licensee to take remedial action
236
1
This section applies if OFCOM are satisfied—
a
that the holder of a licence to provide a television licensable content service has contravened a condition of the licence; and
b
that the contravention can be appropriately remedied by the inclusion in the licensed service of a correction or a statement of findings (or both).
2
OFCOM may direct the licence holder to include a correction or a statement of findings (or both) in the licensed service.
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 person a direction under this section unless they have given him a reasonable opportunity of making representations to them about the matters appearing to them to provide grounds for the giving of the direction.
5
Where the holder of a licence includes a correction or a statement of findings in the licensed service in pursuance of a direction under this section, he may announce that he is doing so in pursuance of such a direction.
6
If OFCOM are satisfied that the inclusion of a programme in a television licensable content service involved a contravention of a condition of the licence to provide that service, they may direct the holder of the licence not to include that programme in that service on any future occasion.
7
Where OFCOM—
a
give a direction to a BBC company under subsection (2), or
b
receive representations from a BBC company by virtue of subsection (4),
they must send a copy of the direction or representations to the Secretary of State.
8
For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.