Guide summary

Operate your broadcasting business safely and legally by following workplace health and safety law and getting the correct Ofcom licences. Run a safe operation under the Health and Safety at Work Act (enforced by HSE) and comply with Ofcom's Broadcasting Code for your TV, radio or on-demand service. Failures can lead to unlimited fines and up to 2 years in prison.

Run a safe broadcasting operation – follow health and safety law for studios, rigging, outside broadcasts
Get an Ofcom licence for TV, radio or on-demand services
Register your on-demand programme service with Ofcom
Follow the Broadcasting Code and PECR privacy rules
Employers must protect employees and visitors from harm ‘so far as is reasonably practicable’
Penalties for health and safety breaches: unlimited fines and up to 2 years in prison
Use the broadcasting compliance checklist to confirm you have covered everything
Health and safety is enforced by HSE in Great Britain, HSENI in Northern Ireland

Broadcasting is regulated at two levels. As an employer running studios, control rooms, outside broadcasts and transmission sites, you carry workplace health and safety duties under the Health and Safety at Work etc. Act 1974. The Health and Safety Executive (HSE) regulates in Great Britain and HSENI in Northern Ireland.

On top of that, Ofcom — the UK-wide communications regulator — licenses television and radio services, registers on-demand programme services, licenses spectrum use, and enforces the Broadcasting Code. These duties are specific to broadcasting and apply UK-wide.

Health and Safety at Work etc. Act 1974 (HASAWA)

The Health and Safety at Work etc. Act 1974 - primary UK workplace health and safety legislation establishing employer and employee duties. Pure data reference.

The Health and Safety at Work etc. Act 1974 (HASAWA 1974) is the primary legislation governing workplace health and safety in the United Kingdom. It establishes the legal framework for protecting the health, safety and welfare of people at work and those affected by work activities.

Legal status: Primary legislation - principal UK health and safety statute
Royal Assent: 31 July 1974
Came into force: 1 April 1975 (in stages)
Geographic scope: Great Britain (separate legislation applies in Northern Ireland)
Applies to: All employers, employees, self-employed persons, and those who control work premises
Primary duty (Section 2): Employers must ensure, so far as is reasonably practicable, the health, safety and welfare at work of all employees
Duty to non-employees (Section 3): Employers must protect persons not in their employment (contractors, visitors, public) who may be affected by work activities
Employee duties (Sections 7-8): Employees must take reasonable care for their own health and safety and that of others, cooperate with employers, and not misuse safety equipment
Enforcement authority: Health and Safety Executive (HSE) and local authorities
Maximum penalties (post-2008 amendments): Unlimited fines in Crown Court; imprisonment up to 2 years for individuals; up to 12 months and/or an unlimited fine in Magistrates' Court in England and Wales (12-month custody powers from 18 November 2024; fines unlimited since March 2015 under LASPO 2012, s.85)
Referenced by regulators: Cited in 31 regulatory documents in the ORDS (Office for Regulatory Delivery and Simplification) dataset
Secondary regulations: Enables creation of health and safety regulations (e.g. Management of Health and Safety at Work Regulations 1999, COSHH, Manual Handling)

Reasonably practicable: The Act uses the term "so far as is reasonably practicable" throughout. This means employers must balance the level of risk against the time, trouble and cost of controlling it. However, the law is weighted in favour of health and safety - employers must demonstrate that control measures would be grossly disproportionate to the risk before they can be considered not reasonably practicable.

Self-employed persons: The Act also places duties on self-employed persons to protect their own health and safety and that of others who may be affected by their work activities.

Health and Safety at Work etc. Act 1974 (legislation.gov.uk) (opens in a new tab)

HSE - Health and Safety at Work etc. Act 1974 guidance (opens in a new tab)

What you need to do

Run a safe broadcasting operation and employ people

Whatever you broadcast, start with the universal spine. Follow "Set up and run a safe broadcasting operation" for your health and safety duties around studios, rigging, electrical equipment and outside broadcasts, fire safety, employers' liability insurance, equality and data protection.
Get your broadcasting licences and meet Ofcom duties

If you provide a television, radio or on-demand programme service, or operate transmission equipment, you need the right Ofcom licence or notification. Follow "Get your broadcasting licences and meet Ofcom duties" for each licence type, the Broadcasting Code and PECR privacy rules.
Confirm you have covered everything

Finish with the broadcasting compliance checklist to confirm your obligations are met.

Legal basis

Primary legislation and key regulations

Communications Act 2003 Primary 2003 · UK-wide Health and Safety at Work Act 1974 Primary 1974 · UK-wide

Browse UK legislation legislation.gov.uk

Official guidance

Ofcom: broadcast licensing (opens in a new tab)

Ofcom

HSE: health and safety at work (opens in a new tab)

Health and Safety at Work etc. Act 1974 (opens in a new tab)

legislation.gov.uk

Draft guidance for religious bodies applying for Broadcasting Act licences: published responses (opens in a new tab)

Ofcom

Commercial radio industry data collection (opens in a new tab)

Ofcom

Audience Participation in Radio Programming (opens in a new tab)

Ofcom

Statement: Regulation of advertising of less healthy food and drink (opens in a new tab)

Ofcom

Proposed Code on the Prevention of Undue Discrimination between Broadcast Advertisers (opens in a new tab)

Ofcom

Tapnet Ltd: compliance assurances to protect under-18s from pornographic videos on RevealMe (opens in a new tab)

Ofcom

Which broadcasting regulations apply to your business

What you need to do

Run a safe broadcasting operation and employ people

Get your broadcasting licences and meet Ofcom duties

Confirm you have covered everything

Legal basis

Official guidance

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