Part 3

Television and Radio Services
Chapter 4

Regulatory provisions

Power to proscribe unacceptable foreign television and radio services

Proscription orders
329
1
Where—
a
a foreign service to which this section applies comes to OFCOM’s attention, and
b
they consider that the service is unacceptable and should be the subject of an order under this section,
they must send a notification to the Secretary of State giving details of the service and their reasons for considering that an order should be made.
2
A service is not to be considered unacceptable by OFCOM unless they are satisfied that—
a
programmes containing objectionable matter are included in the service; and
b
that the inclusion of objectionable matter in programmes so included is occurring repeatedly.
3
Matter is objectionable for the purposes of subsection (2) only if—
a
it offends against taste or decency;
b
it is likely to encourage or to incite the commission of crime;
c
it is likely to lead to disorder; or
d
it is likely to be offensive to public feeling.
4
Where the Secretary of State has received a notification under this section in the case of a service, he may make an order—
a
identifying the service in such manner as he thinks fit; and
b
proscribing it.
5
The Secretary of State is not to make an order proscribing a service unless he is satisfied that the making of the order is—
a
in the public interest; and
b
compatible with the international obligations of the United Kingdom.
6
The television and sound services to which this section applies are—
a
television licensable content services provided otherwise than by broadcasting from a satellite;
b
digital television programme services;
c
digital additional television services;
d
radio licensable sound services provided otherwise than by being broadcast from a satellite;
e
digital sound programme services; and
f
digital additional sound services.
7
A service to which this section applies is a foreign service if it—
a
is a service capable of being received in the United Kingdom for the provision of which no Broadcasting Act licence is either in force or required to be in force; but
b
is also a service for the provision of which such a licence would be required—
i
in the case of a service falling within subsection (6)(a) to (c), if the person providing it were under the jurisdiction of the United Kingdom for the purposes of the Television without Frontiers Directive; and
ii
in any other case, if the person providing it provided it from a place in the United Kingdom or were a person whose principal place of business is in the United Kingdom.
S. 329 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)