Legislation – Media Act 2024

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Introduction

Part 1
Public service television

1 Reports on the fulfilment of the public service remit

2 OFCOM reports: wider review and reporting obligations

3 Public service remits of licensed providers

4 Statements of programme policy

5 Changes of programme policy

6 Enforcement of public service remits

7 Power to amend public service remit for television in the United Kingdom

8 Quotas: independent productions

9 Quotas: original productions

10 Power to create additional quotas for qualifying audiovisual content

11 Quotas: meaning of “qualifying audiovisual content” etc

12 Quotas: further provision about their fulfilment

13 Quotas: independent productions: commissioning code

14 Regional programme-making: Channels 3, 4 and 5

15 Networking arrangements for Channel 3

16 Removal of quotas for schools programmes on Channel 4

17 Quotas: the BBC and S4C

18 Power to require information

19 Amount of financial penalties: qualifying revenue

20 Categories of relevant service

21 Contracts relating to coverage of listed events

22 Restriction on showing live coverage of listed events

23 Regulations about coverage of listed events

24 Provision of information

25 Sections 20 to 24: further provision

26 Public teletext service

27 Further amendments relating to public service television

Part 2
Prominence on television selection services

28 Prominence on television selection services

Part 3
Public service broadcasters

Chapter 1 C4C

29 Sustainability duty of C4C

30 C4C’s duties in relation to commissioning programmes

31 Involvement of C4C in programme-making

Chapter 2 S4C

32 S4C’s powers and public service remit

33 The S4C Board

34 Accounts and audit

35 Amendment of BBC’s obligation to provide Welsh programmes

36 Chapter 2 of Part 3: minor and consequential amendments

Part 4
On-demand programme services

37 Tier 1 services

38 Audience protection reviews

39 S4C: on-demand programme services

40 Other amendments of Part 4A of the 2003 Act

Part 5
Regulation of radio services

41 Licensing of analogue radio services

42 Licensing and local services

43 Character of local services

44 Local news and information

45 Financial assistance for radio

46 Licensing of non-UK digital sound programme services

47 Radio multiplex licences

Part 6
Regulation of radio selection services

48 Regulation of radio selection services

Part 7
Miscellaneous and general

49 Penalties under Parts 3A and 3B of the Communications Act 2003

50 Awards of costs

51 Amendments of broadcasting legislation: UK’s withdrawal from EU

52 Power to make consequential provision

53 Financial provisions

54 Extent

55 Commencement

56 Short title

SCHEDULES

Schedule 1 Quotas: the BBC and S4C

Schedule 2 Part 1: further amendments

Schedule 3 Part 2: further amendments

Schedule 4 Chapter 2 of Part 3: minor and consequential amendments

Schedule 5 Tier 1 services: Chapter to be inserted as Chapter 3 of Part 4A of the 2003 Act

Schedule 6 Tier 1 services: further amendments of Part 4A of the 2003 Act

Schedule 7 Tier 1 services: amendments of other legislation

Schedule 8 Other amendments of Part 4A of the 2003 Act

Schedule 9 Part 6: further amendments

Schedule 10 Schedule to be inserted as Schedule 16A to the 2003 Act

Schedule 11 Schedule to be inserted as Schedule 16B to the 2003 Act

Schedule 12 Amendments related to the UK’s withdrawal from the EU

Changes to legislation:

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Schedules

Section 51

Part 1Amendments of the Broadcasting Acts

1

In section 202 of the Broadcasting Act 1990 (general interpretation), in subsection (1), omit the definition of “the Audiovisual Media Services Directive”.

2

In section 105 of the Broadcasting Act 1996 (interpretation of Part 4), in subsection (1), in the definition of “the Audiovisual Media Services Directive”, at the end insert “as it has effect in EU law from time to time”.

Part 2Amendments of the Communications Act 2003

3

The Communications Act 2003 is amended as follows.

4

(1)

Section 335B (maintenance of list of providers) is amended as follows.

(2)

In subsection (1), for the words after paragraph (b) substitute “which are subject to regulation by OFCOM as a result of one of the provisions listed in subsection (1A).

(3)

After subsection (1) insert—

“(1A)

The provisions are—

(a)

section 198 (regulation of the BBC by OFCOM);

(b)

section 203 (regulation of S4C by OFCOM);

(c)

section 211 (regulation of independent television services).”

(4)

Omit subsection (2).

(5)

For subsection (3) substitute—

“(3)

OFCOM must publish the up to date list on a publicly accessible part of their website.”

(6)

In subsection (4)—

(a)

after “subsection (1)” insert “(other than any service provided by the BBC or S4C)”;

(b)

for the words from “the determination of jurisdiction” to the end substitute “whether or not the service falls to be regulated by OFCOM under section 211.”

5

(1)

Section 368BZA (maintenance of list of providers) is amended as follows.

(2)

Omit subsection (2).

(3)

For subsection (3) substitute—

“(3)

OFCOM must publish the up to date list on a publicly accessible part of their website.”

6

In section 368BA (advance notification to appropriate regulatory authority), in subsection (4), for the words from “the determination” to the end substitute “whether or not paragraphs (e) and (f) of section 368A(1) are satisfied.”

7

In section 368CB (quota for European works)—

(a)

in subsection (7), in the definition of “European works”, after “Services Directive” insert “as it has effect in EU law as amended from time to time”;

(b)

in subsection (8), at the end insert “as amended from time to time”.

8

In section 368D (duties of service providers), in subsection (2)(ca), for the words from “under the jurisdiction” to the end substitute “subject to regulation by the appropriate regulatory authority as a result of section 368A(1)(e) and (f);”.

9

(1)

Section 368E (harmful material) is amended as follows.

(2)

Before subsection (3)(za) insert—

“(zza)

material the inclusion of which in an on-demand programme service would be an offence under section 1 of the Terrorism Act 2006 (encouragement of terrorism),”.

(3)

In subsection (3)(za)—

(a)

for “would be conduct” substitute “is conduct of a kind that, immediately before IP completion day, would have been”;

(b)

omit sub-paragraph (i).

10

For section 368OA (co-operation with member States and the European Commission) substitute—

“368OACo-operation with EEA States

OFCOM may co-operate with EEA States which are subject to the Audiovisual Media Services Directive, and with the national regulatory authorities of such EEA states, for the following purposes—

(a)

facilitating the carrying out by OFCOM of any of their functions under this Part, or

(b)

facilitating the carrying out by the national regulatory authorities of the EEA states of any of their functions in relation to on-demand programme services under the Directive as it has effect in EU law as amended from time to time.”