Part 3

Television and Radio Services ETC
Chapter 4

Regulatory provisions

Programming quotas for public service television

Additional quotas for qualifying audiovisual content
278A
1
The Secretary of State may by regulations specify a description of qualifying audiovisual content for the purposes of this section if—
a
the Secretary of State considers that qualifying audiovisual content of that description is not being made available by the providers of licensed public service channels (taken together) to the extent that is appropriate, and
b
subsection (3) applies.
2
The descriptions that may be specified under subsection (1) include descriptions that are framed in part by reference to the qualifying audiovisual service by means of which the content is made available.
3
This subsection applies where OFCOM have made a recommendation for the making of the regulations in their most recent report under section 229 or 264.
4
Where the Secretary of State makes regulations under subsection (1), the regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that in each year—
a
the provider of the licensed public service channel makes available qualifying audiovisual content that includes content of the description specified in the regulations, and
b
the duration (in total) of content of that description is at least the number of hours that OFCOM consider appropriate.
5
Before including a recommendation for the making of regulations under subsection (1) in a report under section 229 or 264, OFCOM must consult—
a
members of the public in the United Kingdom,
b
providers of licensed public service channels who are likely to be affected if the Secretary of State accepts the recommendation, and
c
such other persons providing television programme services or on-demand programme services as OFCOM consider appropriate.
6
Before making regulations under subsection (1), the Secretary of State must consult the following persons about their content—
a
OFCOM,
b
providers of licensed public service channels who are likely to be affected by the regulations, and
c
such other persons providing television programme services or on-demand programme services as the Secretary of State considers appropriate.
7
A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.
8
See also sections 278B and 278C (which make further provision for the interpretation of this section etc).
Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)
Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)
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
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)
S. 278A inserted (1.1.2026) by Media Act 2024 (c. 15), ss. 10, 55(3)(a); S.I. 2025/1049, reg. 3(j)