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

Part 1Public service television

Amount of financial penalties

19Amount of financial penalties: qualifying revenue

(1)

The Broadcasting Act 1990 is amended as set out in subsections (2) to (5).

(2)

In section 18 (failure to begin providing licensed Channel 3 service and financial penalties on revocation of Channel 3 licence), in subsection (3D), for “Section 19(2) to (6)” substitute “Section 18A”.

(3)

After section 18 insert—

“18ASection 18: supplementary provision

(1)

For the purposes of section 18(3B) or (3C), the qualifying revenue for an accounting period of a holder of a Channel 3 licence is the aggregate of—

(a)

the qualifying revenue for that accounting period of the licence holder which derives from that licensed service, and

(b)

the qualifying revenue for that accounting period of the licence holder which derives from any on-demand programme service, non-UK on-demand programme service or television programme service that is—

(i)

provided by the licence holder or a person associated with the licence holder, and

(ii)

included in an internet programme service that is designated under section 362AA(2) of the Communications Act 2003 as a service provided by the licence holder or as a service provided by a person associated with the licence holder.

(2)

Section 19(2) to (6) applies for determining the qualifying revenue referred to in subsection (1)(a).

(3)

Section 368J(4), (5) and (7) of the Communications Act 2003 applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from an on-demand programme service or a non-UK on-demand programme service.

(4)

Section 19(2) and (4) to (6) applies for determining the qualifying revenue referred to in subsection (1)(b) which derives from a television programme service as if—

(a)

in section 19(2) and (6), references to a Channel 3 service were references to the television programme service,

(b)

in section 19(2), (4) and (6), references to the holder of a Channel 3 licence were references to the provider of the television programme service, and

(c)

in section 19(2) and (6), the words “of the licence holder” were omitted.

(5)

Section 362AZ12(6) of the Communications Act 2003 (meaning of references to a person associated with a public service broadcaster) applies for the purposes of this section as it applies for the purposes of Part 3A of that Act.

(6)

For the purposes of this section—

(a)

the person who provides an internet programme service is the person treated for the purposes of Part 3A of the Communications Act 2003 as providing that service (see section 362AZ12 of that Act), and

(b)

the person who provides an on-demand programme service or a non-UK on-demand programme service is the person treated for the purposes of Part 4A of that Act as providing that service (see section 368R of that Act).

(7)

In this section—

“designated internet programme service” has the same meaning as in Part 3A of the Communications Act 2003 (see section 362AZ12(1));

“on-demand programme service” and “non-UK on-demand programme service” have the same meaning as in Part 4A of that Act (see section 368A).”

(4)

In section 41 (power to impose financial penalty or shorten licence period of a Channel 3 service, Channel 4 and Channel 5), for subsection (1C) substitute—

“(1C)

Section 18A applies for determining or estimating qualifying revenue for the purposes of subsection (1A) or (1B), with any necessary modifications in relation to the holder of the Channel 5 licence.”

(5)

In Schedule 7 (qualifying revenue: supplementary provisions), in Part 1 (qualifying revenue for the purposes of Part 1 or 2 of this Act), in paragraph 1, after sub-paragraph (4) insert—

“(5)

This paragraph does not apply in relation to such part of a person’s qualifying revenue as falls to be ascertained in accordance with section 368J of the Communications Act 2003 (see section 18A(1)(b) and (3) of this Act).”

(6)

In Schedule 9 to the Communications Act 2003 (arrangements about the carrying on of C4C’s activities), in paragraph 8 (penalty for contravention of the arrangements), for sub-paragraph (7) substitute—

“(7)

Section 18A of the 1990 Act, with any necessary modifications, has effect in relation to C4C for the purposes of this paragraph as it has effect in relation to the holder of a Channel 3 licence for the purposes of Part 1 of the 1990 Act; and Part 1 of Schedule 7 to the 1990 Act has effect as if C4C’s qualifying revenue for an accounting period were being ascertained for the purposes of a provision of Part 1 of the 1990 Act.”