http://www.legislation.gov.uk/ukpga/2010/24/section/23Digital Economy Act 2010An Act to make provision about the functions of the Office of Communications; to make provision about the online infringement of copyright and about penalties for infringement of copyright and performers' rights; to make provision about internet domain registries; to make provision about the functions of the Channel Four Television Corporation; to make provision about the regulation of television and radio services; to make provision about the regulation of the use of the electromagnetic spectrum; to amend the Video Recordings Act 1984; to make provision about public lending right in relation to electronic publications; and for connected purposes.texttext/xmlenStatute Law Database2024-08-27Expert Participation2024-08-23 231After section 198A of the Communications Act 2003 insert—198B1C4C must prepare a statement of media content policy—aat the same time as they prepare the first statement of programme policy that is prepared under section 266 after this section comes into force, andbsubsequently at annual intervals.2C4C must monitor their performance in carrying out the proposals contained in their statements of media content policy.3A statement of media content policy must—aset out C4C's proposals for securing that, during the following year, they will discharge their duties under section 198A, andbinclude a report on their performance in carrying out the proposals contained in the previous statement.4In preparing the statement, C4C must—ahave regard to guidance given by OFCOM, andbconsult OFCOM.5C4C must publish each statement of media content policy—aas soon as practicable after its preparation is complete, andbin such manner as they consider appropriate, having regard to any guidance given by OFCOM.6OFCOM must—afrom time to time review the guidance for the time being in force for the purposes of this section, andbrevise that guidance as they think fit.198C1For each relevant period, OFCOM must—acarry out a review of the extent to which C4C have discharged their duties under section 198A, andbprepare a report on the matters found on the review.2OFCOM must publish each report under this section—aas soon as practicable after its preparation is complete, andbin such manner as they consider appropriate.3“Relevant period” means each period selected by OFCOM for the purposes of section 264(1)(b) that ends after this section comes into force.198D1This section applies if OFCOM—aare of the opinion that C4C have failed to perform one or more of their duties under section 198A or section 198B(1), (3) or (5),bare of the opinion that the failure is serious and is not excused by economic or market conditions, andcdetermine that the situation requires the exercise of their functions under this section.2In making a determination under subsection (1)(c), OFCOM must have regard, in particular, to—aC4C's statements of media content policy,bC4C's effectiveness and efficiency in monitoring their own performance, andcgeneral economic and market conditions affecting the provision of relevant media content (as defined in section 198A).3OFCOM may give directions to C4C to do one or both of the following—ato revise the latest statement of media content policy in accordance with the direction;bto take such steps for remedying the failure as OFCOM specify in the direction.4A direction given under this section must set out—aa reasonable timetable for complying with it, andbthe factors that OFCOM will take into account in determining whether or not a failure has been remedied.5OFCOM must consult C4C before giving a direction under this section.2After section 271 of that Act insert—271A1This section applies if OFCOM are satisfied—athat C4C have failed to comply with a direction under section 198D in respect of a failure to perform one or more of their duties under section 198A,bthat C4C are still failing to perform that duty or those duties, andcthat it would be both reasonable and proportionate to the seriousness of the failure to vary the licence under which Channel 4 is licensed (“the Channel 4 licence”) in accordance with this section.2OFCOM may, by notice to C4C, vary the Channel 4 licence by adding such conditions, or making such modifications of conditions, as OFCOM consider appropriate for remedying (entirely or partly) C4C's failure to perform the duty or duties under section 198A.3If, at any time following such a variation, OFCOM consider that any of the additional conditions or modifications is no longer necessary, they may again vary the licence with effect from such time as they may determine.4OFCOM must consult C4C before exercising their power under this section to vary the Channel 4 licence.