Creative Industries

Broadcasting business: compliance checklist

Use this checklist to confirm your broadcasting business (SIC division 60) meets its obligations. Work through the universal workplace and employment items every broadcasting operation shares, then the Ofcom licensing and content-standards items. If you answer no to any item, follow the linked guide before you proceed.

UK-wide
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UK-wide

Related guides in Compliance & Legal

Use this checklist to confirm your broadcasting business meets its obligations. Work through each item and answer yes or no. If you answer no, follow the linked guide before you proceed.

Workplace health and safety is enforced by the Health and Safety Executive in Great Britain and by HSENI in Northern Ireland. Fire safety is devolved — the Regulatory Reform (Fire Safety) Order 2005 in England and Wales, with separate regimes in Scotland and Northern Ireland. Broadcasting licensing and content standards are UK-wide, regulated by Ofcom. PECR is enforced UK-wide by the ICO.

Section 1 — Every broadcasting business (operation and people)

These workplace and employment duties apply to every broadcasting operation, whatever you broadcast. Confirm each one.

  1. 1

    Have you written your risk assessments and put safe systems of work in place?

    Your general duty under the Health and Safety at Work etc. Act 1974 is to ensure, so far as is reasonably practicable, the health, safety and welfare of your people. Risk-assess your studios, lighting rigs, electrical equipment, outside broadcast locations (including working at height on scaffolding, gantries and temporary structures), and display screen equipment, and put safe systems of work, training and supervision in place. If not, follow "Set up and run a safe broadcasting operation".

  2. 2

    Have you carried out your fire risk assessment?

    Assess fire risk for your studios, control rooms, offices and transmission buildings under the fire-safety regime for your nation. Include safe storage of any flammable materials used in set construction.

  3. 3

    Do you hold employers' liability insurance?

    Hold at least £5 million of cover once you employ anyone and display or make available the certificate.

  4. 4

    Do you meet your equality and data protection duties?

    Do not discriminate under the Equality Act 2010 (or separate NI equality law enforced by the ECNI); comply with the UK GDPR and Data Protection Act 2018, registering with the ICO unless exempt. Check whether Ofcom licence conditions impose access-services obligations (subtitling, signing, audio description) on your television service.

Section 2 — Ofcom licensing, content standards and PECR

Complete this section for the broadcasting licences and content-standards duties that apply to your service. Confirm each one before you go live.

  1. 1

    Do you hold the right Ofcom licence for every service you provide?

    If you provide a television service, you need a TLCS licence (or the relevant Channel 3/4/5 or digital programme licence). If you provide a radio service, you need a sound broadcasting licence (analogue or digital) or a community radio licence. Broadcasting without a required licence is a criminal offence. If not, follow "Get your broadcasting licences and meet Ofcom duties".

  2. 2

    Have you notified Ofcom if you provide an on-demand programme service?

    If you provide a catch-up or video-on-demand service with TV-like editorial control, you must notify Ofcom before the service begins and notify any change or closure.

  3. 3

    Do you hold a Wireless Telegraphy Act spectrum licence for your transmission equipment?

    If you or your transmission provider operate radio transmitting apparatus (AM/FM/DAB), a Wireless Telegraphy Act 2006 licence from Ofcom is required. Transmitting without a licence is a criminal offence.

  4. 4

    Do you have a Broadcasting Code compliance framework in place?

    All licensed broadcasters must comply with the Ofcom Broadcasting Code — harm and offence, protection of under-18s, accuracy and due impartiality in news, fairness and privacy, and sponsorship and commercial-communications rules. Put compliance procedures and editorial training in place.

  5. 5

    Do you meet your PECR duties on audience marketing and cookies?

    If you send marketing emails, texts or automated calls to audiences, you need consent (with a soft opt-in exception for existing customers). Cookies and similar technologies on your website or app need consent unless strictly necessary. Enforced UK-wide by the ICO.

If you answered no to anything

Work through the guide linked in that item. The two task guides — the safe-broadcasting-operation spine and Ofcom licences and duties — set out what to do. Start from the router if you are not sure which apply to you.

Official sources

Authoritative broadcasting licensing, health and safety, and data-protection guidance.