http://www.legislation.gov.uk/ukpga/2003/21/section/319/2003-12-29Communications Act 2003An Act to confer functions on the Office of Communications; to make provision about the regulation of the provision of electronic communications networks and services and of the use of the electro-magnetic spectrum; to make provision about the regulation of broadcasting and of the provision of television and radio services; to make provision about mergers involving newspaper and other media enterprises and, in that connection, to amend the Enterprise Act 2002; and for connected purposes.texttext/xmlenStatute Law Database2026-05-01Expert Participation2003-12-29 Part 3 Television and Radio ServicesChapter 4Regulatory provisions<Emphasis>Programme and fairness standards for television and radio</Emphasis><Abbreviation Expansion="Office of Communications">OFCOM</Abbreviation>’s standards code3191It shall be the duty of OFCOM to set, and from time to time to review and revise, such standards for the content of programmes to be included in television and radio services as appear to them best calculated to secure the standards objectives.2The standards objectives are—athat persons under the age of eighteen are protected;bthat material likely to encourage or to incite the commission of crime or to lead to disorder is not included in television and radio services;cthat news included in television and radio services is presented with due impartiality and that the impartiality requirements of section 320 are complied with;dthat news included in television and radio services is reported with due accuracy;ethat the proper degree of responsibility is exercised with respect to the content of programmes which are religious programmes;fthat generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of offensive and harmful material;gthat advertising that contravenes the prohibition on political advertising set out in section 321(2) is not included in television or radio services;hthat the inclusion of advertising which may be misleading, harmful or offensive in television and radio services is prevented;ithat the international obligations of the United Kingdom with respect to advertising included in television and radio services are complied with;jthat the unsuitable sponsorship of programmes included in television and radio services is prevented;kthat there is no undue discrimination between advertisers who seek to have advertisements included in television and radio services; andlthat there is no use of techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds, without their being aware, or fully aware, of what has occurred.3The standards set by OFCOM under this section must be contained in one or more codes.4In setting or revising any standards under this section, OFCOM must have regard, in particular and to such extent as appears to them to be relevant to the securing of the standards objectives, to each of the following matters—athe degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally, or in programmes of a particular description;bthe likely size and composition of the potential audience for programmes included in television and radio services generally, or in television and radio services of a particular description;cthe likely expectation of the audience as to the nature of a programme’s content and the extent to which the nature of a programme’s content can be brought to the attention of potential members of the audience;dthe likelihood of persons who are unaware of the nature of a programme’s content being unintentionally exposed, by their own actions, to that content;ethe desirability of securing that the content of services identifies when there is a change affecting the nature of a service that is being watched or listened to and, in particular, a change that is relevant to the application of the standards set under this section; andfthe desirability of maintaining the independence of editorial control over programme content.5OFCOM must ensure that the standards from time to time in force under this section include—aminimum standards applicable to all programmes included in television and radio services; andbsuch other standards applicable to particular descriptions of programmes, or of television and radio services, as appear to them appropriate for securing the standards objectives.6Standards set to secure the standards objective specified in subsection (2)(e) shall, in particular, contain provision designed to secure that religious programmes do not involve—aany improper exploitation of any susceptibilities of the audience for such a programme; orbany abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.7In setting standards under this section, OFCOM must take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this section.8In this section “news” means news in whatever form it is included in a service.S. 319 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)