325Observance of standards codeU.K.
(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 [F1, the sponsorship of programmes and product placement] , and
(b)with any such requirements as are mentioned in section 321(4) which relate to advertising [F2, sponsorship and product placement] 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); F3...
(c)the forms and methods of sponsorship to be excluded from the service (whether generally or in particular circumstances)[F4; and
(d)in the case of a television programme service, the forms and methods of product placement to be excluded from the service (including descriptions of products, services or trade marks product placement of which is to be excluded) (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.
Textual Amendments
F1Words in s. 325(4)(a) substituted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 5(2)(a)
F2Words in s. 325(4)(b) substituted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 5(2)(b)
F3Word in s. 325(5)(b) omitted (16.4.2010) by virtue of The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 5(3)(a)
F4S. 325(5)(d) and word inserted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 5(3)(b)
Modifications etc. (not altering text)
C1S. 325(2) modified (20.7.2004) by Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 1(b) (with art. 5)
C2S. 325(4) modified (20.7.2004) by Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 1(c) (with art. 5)
Commencement Information
I1S. 325 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)