Part 3

Television and Radio Services
Chapter 4

Regulatory provisions

Programme and fairness standards for television and radio

Observance of standards code
325
1
The regulatory regime for every programme service licensed by a Broadcasting Act licence includes conditions for securing—
a
that standards set under section 319 are observed in the provision of that service; and
b
that procedures for the handling and resolution of complaints about the observance of those standards are established and maintained.
2
It shall be the duty of OFCOM themselves to establish procedures for the handling and resolution of complaints about the observance of standards set under section 319.
3
OFCOM may from time to time make a report to the Secretary of State on any issues with respect to OFCOM’s standards code which—
a
have been identified by them in the course of carrying out their functions; and
b
appear to them to raise questions of general broadcasting policy.
4
The conditions of a licence which is granted by OFCOM for a programme service must, for the purpose of securing compliance—
a
with OFCOM’s standards code, so far as it relates to advertising and the sponsorship of programmes, and
b
with any such requirements as are mentioned in section 321(4) which relate to advertising and sponsorship but go beyond that code,
include a condition requiring the licence holder to comply with every direction given to him by OFCOM with respect to any of the matters mentioned in subsection (5).
5
Those matters are—
a
the exclusion from the service of a particular advertisement, or its exclusion in particular circumstances;
b
the descriptions of advertisements and methods of advertising to be excluded from the service (whether generally or in particular circumstances); and
c
the forms and methods of sponsorship to be excluded from the service (whether generally or in particular circumstances).
6
OFCOM’s powers and duties under this section are not to be construed as restricting any power of theirs, apart from this section—
a
to include conditions with respect to the content of programmes included in any service in the licence to provide that service; or
b
to include conditions in a licence requiring the holder of a licence to comply with directions given by OFCOM or by any other person.