Legislation – Media Act 2024

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Part 5Regulation of radio services

44Local news and information

(1)

The Communications Act 2003 is amended in accordance with this section.

(2)

Section 314 (local content and character of local sound broadcasting services) is amended in accordance with subsections (3) to (8).

(3)

For the heading substitute “Local news and information in local sound broadcasting services”.

(4)

For subsection (1) substitute—

“(1)

A local sound broadcasting licence must contain such conditions as OFCOM consider appropriate for—

(a)

requiring the licensed local sound broadcasting service to include, and regularly broadcast, programmes that consist of or include local news and information, and

(b)

requiring that local news to consist of or include locally-gathered news.”

(5)

For subsection (1A) substitute—

“(1A)

But subsection (1) does not apply in the case of a local sound broadcasting service if OFCOM consider it is appropriate for it not to apply in that case.”

(6)

In subsection (2)—

(a)

in paragraph (a), for “the requirements of subsection (1)(a) and (b) should be satisfied” substitute “the providers of local sound broadcasting services may act consistently with conditions contained in licences in accordance with subsection (1)”;

(b)

in paragraph (b), for “in relation to local sound broadcasting services” substitute “under subsection (1)”.

(7)

In subsection (7)—

(a)

omit the definition of “approved area”;

(b)

in the definition of “local material”—

(i)

for ““local material”” substitute ““local news and information””;

(ii)

for “means material” substitute “means news and information”;

(c)

for the definition of “locally-made” substitute—

““locally-gathered”, in relation to news broadcast on a local sound broadcasting service, means—

(a)

news gathered in the coverage area of a local radio multiplex service that to a significant extent includes the coverage area of the local sound broadcasting service by persons who gather news in the course of an employment or business, or

(b)

if there is no local radio multiplex service with such a coverage area, news gathered in the area or locality for which the local sound broadcasting service is provided by persons who gather news in the course of an employment or business;

and for this purpose the coverage area for a local radio multiplex service or local sound broadcasting service is the area determined by OFCOM to be the area in the United Kingdom within which the service is capable of being received at a level satisfying such technical standards as may have been laid down by them for the purposes of this section;”;

(d)

omit the definition of “material”.

(8)

Omit subsections (9) to (11).

(9)

After section 315 insert—

“315ALocal news and information in local digital radio services

(1)

The Secretary of State may, by regulations, make provision for enabling OFCOM to ensure that, for each licensed local radio multiplex service, at least one of the licensed local digital sound programme services broadcast by means of that multiplex service consists of, or includes, local news and information or locally-gathered news and information.

(2)

The provision that may be made by regulations under this section includes provision about the conditions that OFCOM may, or must, include in a licence that authorises the provision of—

(a)

a local digital sound programme service, or

(b)

a local radio multiplex service.

(3)

The Secretary of State must consult OFCOM before making regulations under this section.

(4)

The power in section 402(3)(c) for regulations under this section to make consequential provision includes power to make provision which amends any enactment.

(5)

In this section—

“licensed” local radio multiplex service or local digital sound programme service means such a service which is provided in accordance with a licence issued by OFCOM;

“local news and information”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news and information which is of particular interest—

(a)

to persons living or working within the area or locality for which the multiplex service is provided;

(b)

to persons living or working within a part of that area or locality; or

(c)

to particular communities living or working within that area or locality or a part of it;

“locally-gathered news”, in relation to a local radio multiplex service or a local digital sound programme service provided through such a multiplex service, means news that has been gathered in the area or locality for which the multiplex service is provided, by persons who gather news in the course of an employment or business.”

(10)

In section 402 (orders and regulations made by the Secretary of State), in subsection (2A), before paragraph (za) (and after paragraph (zza) inserted by section 46) insert—

“(zzb)

regulations under section 315A which amend any Act of Parliament;”.