Broadcasting Act 1990
What this means for your business
- Enforced by
- Ofcom
- Applies to
- United Kingdom
- On this page
- 26 compliance obligations, 1 practical guide
What you must do
26 compliance obligations under this legislation — 3 can result in imprisonment.
Management duties 10
Co‑operate with the BCC when a broadcast complaint is received
If a viewer or listener complains about a TV or radio programme you broadcast, you must work with the Broadcasting Complaints Commission. This means sending them the complaint, providing any recordings, transcripts or documents they ask for, and arranging for a representative to attend any hearing.
Draft and sign contracts with local sound contractors before the transfer date
If you run a business that works with local sound broadcasts, you must set up a written contract with each contractor before the transfer date. The contract must use IBA standard forms, become effective when the contractor gets a local licence, and continue in force until 31 December 1994 (unless the parties agree to a different period). You also need to agree on any payments for reduced charges or on disposing of relevant assets if authorised.
Plan for long‑term sustainability of broadcasting activities
If you run a broadcasting service, you must manage your business so it stays financially viable and keeps delivering your core programmes over time. In practice this means protecting the volume of your broadcasts and ensuring you have the money to keep broadcasting.
Promote gender and racial equality in employment
If your business holds a Channel 3, Channel 4 or Channel 5 broadcasting licence, you must put in place policies and practices that ensure men and women, and people of different racial groups, have equal chances when you hire, promote or train staff. You also need to periodically check that these arrangements are working and update them as needed.
Provide and secure a simulcast radio service
If OFCOM grants you a national radio licence that includes a simulcast proposal, you must start broadcasting that simulcast service on the date set in the licence and do everything you can to keep it on the air. In practice this means launching the service as scheduled and maintaining the transmission so it reaches listeners.
Provide Channel 5 service as required by your OFCOM licence
If your business holds the Channel 5 broadcasting licence, you must deliver the TV service in the area and at the times that OFCOM sets. You also have to follow any partial‑area dispensations OFCOM may allow. In practice this means running the transmission schedule exactly as the licence dictates.
Publish regular BCC announcements as directed
If your company holds a broadcasting licence, you must follow any directions from the regulator to arrange regular announcements about the Broadcasting Complaints Commission (BCC). This means planning and delivering these notices on air or by other means whenever the regulator tells you to do so.
Publish regular Council announcements as directed
If your company holds a broadcasting licence under the Broadcasting Act 1990, you must cooperate with the regulator to run regular on‑air (or other) announcements that promote the Council. You may also need to include a notice explaining which complaints go to the Council versus the Broadcasting Complaints Commission.
Renew your local radio licence and meet OFCOM conditions
If you run a local radio service, you must apply to OFCOM to renew your licence for another 12‑year period. The renewal must be submitted in the window between three years and three months before the licence would otherwise expire, after OFCOM has issued a notice inviting applications, and you must nominate a digital sound service and a suitable multiplex and pay the renewal fee. Failure to meet these conditions can lead to a postponement of the renewal and an extension of the existing licence.
Renew your national broadcasting licence
If you hold a national broadcasting licence, you must apply to OFCOM to renew it before it expires, prove you will provide a digital simulcast radio service, pay the licence fee OFCOM sets and accept any conditions they attach (such as a start‑date for digital broadcasting). Failure to do this means you lose the licence.
Notifications 1
Notify OFCOM of changes and provide required information
If your business holds (or is applying for) a broadcasting licence, you must give OFCOM the information it asks for to prove you’re not a disqualified person and that you meet the market‑share rules in Schedule 14. You also have to tell OFCOM in advance of any proposed changes to shareholdings or directors, and promptly after any such changes actually happen. Failure to do so can lead to the licence being revoked.
Other requirements 2
Adjust programme contracts to meet new transmission arrangements
If your company supplies TV or local sound programmes to the Independent Broadcasting Authority (IBA), you must change your existing contracts so that they cover the new company that will transmit your programmes in the interim period. You’ll need to agree to technical quality standards, possible suspension clauses, and, for TV contractors, a new payment scheme.
Publish any OFCOM notice you receive
If OFCOM serves you a formal notice (under sections 21, 41, 42, 55, 97B, 103, 105A, 109, 110, 111 or 120), you must make that notice publicly available in a way that makes sense for your business. Do this as soon as reasonably practicable after you receive the notice.
Payments and fees 1
Pay OFCOM's determination of qualifying revenue if disputed
If you disagree with OFCOM about the amount of qualifying revenue you must report or any related payment, the figure that OFCOM decides will be the amount you must pay. You cannot challenge that decision in court (except by judicial review).
Offences and prohibitions 8
Allow premises to be used for unlawful broadcasting
2 years imprisonmentIf you let a building, room or other premises under your control be used to transmit an illegal radio or TV broadcast, you are committing a criminal offence. On conviction you can be fined (unlimited) and may be sent to prison for up to two years. The offence can be tried either in the Magistrates' Court or the Crown Court.
Fail to produce or allow copying of a broadcast recording on request
Fine up to £1,000If a constable, under a court order, asks you (as a broadcaster or any person responsible for a programme) to provide a visual or sound recording from a programme and to let a copy be made, you must comply unless you have a reasonable excuse. Failing to do so is a criminal offence. On conviction in the magistrates' court you face a fine of up to £1,000.
Include obscene material in a programme service (Scotland)
Unlimited fineIf a person who is responsible for putting obscene material into a TV or radio programme that is part of a programme service in Scotland does so, or if they create or keep such material with the intention of later inclusion, they commit a criminal offence. The offence can apply to broadcasters, producers, editors and anyone else who controls programme content. Conviction can lead to fines and/or imprisonment, although the exact penalties are set out in the earlier Civic Government (Scotland) Act 1982 rather than in this amendment.
Intentionally obstruct an OFCOM enforcement officer
Unlimited fineIf you deliberately prevent a person authorised by OFCOM from entering or searching your premises, you commit a criminal offence. On summary conviction you face an unlimited fine; there is no prison term.
Make wireless telegraphy apparatus available for unauthorised use
6 months imprisonmentIf your business installs, operates, or leaves a wireless telegraphy (radio‑transmitting) station or equipment in a state where it can be used without the required licence, you commit a criminal offence. Conviction can lead to an unlimited fine and, on indictment, up to six months in prison. The offence can be prosecuted against any person or entity responsible for the equipment.
Operate a radio service without a licence
Unlimited fineIf you run a radio service that OFCOM regulates (except a radio multiplex) and you do not have a licence authorised under the Broadcasting Act 1996, you commit a criminal offence. Conviction can result in an unlimited fine, either on summary conviction in the Magistrates' Court or on indictment in the Crown Court. The Crown can also seek a civil injunction to stop the unlicensed broadcasting.
Provide regulated television service without a licence
Unlimited fineIf your business offers a television service that is regulated by Ofcom (but is not a multiplex service) and you do not have the required broadcasting licence, you commit a criminal offence. Conviction can result in an unlimited fine, either on summary conviction in the Magistrates' Court or on indictment in the Crown Court. The Crown can also seek civil injunctions to stop the unauthorised service.
Supply or promote a proscribed foreign satellite service
2 years imprisonmentIf your business supplies equipment, programme material, advertising, publishes schedules, or provides decoding devices for a satellite service that has been banned by order under the Broadcasting Act, you commit a criminal offence. The offence can be tried either in a magistrates' court or Crown Court. On conviction in the Crown Court you face up to two years’ imprisonment and an unlimited fine; on summary conviction the maximum is six months’ imprisonment and a fine up to the statutory limit.
Reporting and filing 4
Provide information and assistance to the Secretary of State for the IBA asset split
If your organisation is one of the bodies receiving the IBA’s assets (the Commission, the Radio Authority or the nominated company), you must give the Secretary of State any information and help they reasonably ask for to carry out the asset‑division scheme. The duty is triggered whenever the Secretary of State makes a request in connection with the transfer.
Provide information to Council when a broadcast complaint is received
If the Broadcasting Council issues a complaint about a programme you broadcast or a licence‑held service includes, you must forward the complaint to the relevant person and, if the Council asks, supply any recordings, transcripts, correspondence and a written response. You may also need to attend a private hearing.
Publish BCC complaint summary and findings when directed
If the Broadcasting, Cable and Satellite Commission (BCC) investigates a complaint about one of your programmes and issues a direction, you must publish a summary of the complaint and the BCC’s findings in the manner and within the time‑frame they set. This applies to any broadcasting body or licence holder that has been ordered to do so and must be reflected in your licence conditions.
Publish Council’s complaint findings as directed
If a broadcasting complaint is investigated by the Council and the Council gives you a direction, you must publish a summary of the complaint and the Council’s findings in the way and within the time‑frame they specify. This applies to any TV, radio or online service that you broadcast or hold a licence for. Failure to do so would breach the direction and any licence conditions attached to your service.
Penalties for non-compliance
8 penalties under this legislation. 3 can result in imprisonment. 7 carry an unlimited fine.
Allow premises to be used for unlawful broadcasting
Unlimited fine and/or 2 years imprisonment
Make wireless telegraphy apparatus available for unauthorised use
Unlimited fine and/or 6 months imprisonment
Supply or promote a proscribed foreign satellite service
Unlimited fine and/or 2 years imprisonment
Include obscene material in a programme service (Scotland)
Unlimited fine
Intentionally obstruct an OFCOM enforcement officer
Unlimited fine
Operate a radio service without a licence
Unlimited fine
Provide regulated television service without a licence
Unlimited fine
Fail to produce or allow copying of a broadcast recording on request
Fine up to £1,000
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
257 classified provisions from this legislation.
Duties 35
- s.23A Sustainability duty of Corporation
- s.24 Channel 4 to be provided by Corporation as licensed service.
- s.28 Channel 5. such service
- s.38 Promotion of equal opportunities in relation to employment by licence holder.
- s.60 Advertising on S4C.
- s.63 Government control over S4C. S4C
- s.64 Audience research by S4C.
- s.66A Enforcement of licences held by BBC companies.
- s.88 Restrictions on the holding of licences. applicant for a licence
- s.100A Licence conditions relating to simulcast radio services
- s.103A Renewal of national licences. OFCOM
- s.104A Renewal of local licences. OFCOM
- s.111A Enforcement of licences held by BBC companies.
- s.130 Variation of programme contracts to take account of new transmission arrangements. IBA
- s.133 Functions exercisable by IBA before transfer date in connection with local sound broadcasting. IBA
- s.137 Target investment limit for Government shareholding in nominated company. a Minister of the …
- s.143 Function of BCC.
- s.145 Consideration of complaints. broadcasting body
- s.146 Publication of BCC’s findings. directions given
- s.147 Duty to publicise BCC. broadcasting or regulatory body
- ... and 15 more duties
Offences and penalties 16
- s.13 Prohibition on providing television services without a licence.
- s.18 Failure to begin providing licensed service and financial penalties on revocation of licence.
- s.42B Licensing etc. of restricted services.
- s.89 Disqualification for holding licence on grounds of conviction for transmitting offence.
- s.97 Prohibition on providing independent radio services without a licence.
- s.101 Failure to begin providing licensed service and financial penalties on revocation of licence.
- s.110 Power to impose financial penalty or suspend or shorten licence period.
- s.163 Obscenity in programme services: Scotland.
- s.167 Power to make copies of recordings.
- s.168 Offence of keeping wireless telegraphy station or apparatus available for unauthorised use.
- s.169 Offence of allowing premises to be used for purpose of unlawful broadcasting.
- s.171 Amendments of the Marine, &c., Broadcasting (Offences) Act 1967.
- s.172 Amendments of provisions of 1949 Act relating to penalties and forfeiture.
- s.178 Offence of supporting proscribed foreign satellite services.
- s.195 Offences by bodies corporate.
- s.196 Entry and search of premises.
Powers 27
- s.17 Award of licence to person submitting highest cash bid.
- s.17A Award of Channel 3 licence subject to conditions.
- s.22 Temporary provision of regional Channel 3 service for additional area.
- s.37 Announcements of programme schedules.
- s.41 Power to impose financial penalty or shorten licence period.
- s.42 Power to revoke Channel 3 or 5 licence.
- s.54 Additional services not to interfere with other transmissions.
- s.55 Enforcement of additional services licences.
- s.61 Funding of S4C.
- s.66 Requirements relating to transmission and distribution of services.
- s.85 Licensing functions of Authority.
- s.100 Award of national licence to person submitting highest cash bid.
- s.105A Variation of licence period following renewal
- s.111 Power to revoke licences.
- s.119 Additional services not to interfere with other transmissions.
- s.120 Enforcement of additional services licences.
- s.127 Division of assets of IBA and their dissolution.
- s.131 Supplementary provisions relating to variation of programme contracts.
- s.132 Disposal by IBA of DBS transmitting equipment etc.
- s.135 Initial Government holding in nominated company.
- ... and 7 more powers
Definitions 38
- Schedule 2 Restrictions on the Holding of Licences the 1996 Act advertising agency Broadcasting Act licence
- s.4 General licence conditions.
- Schedule 4 References with Respect to Networking Arrangements
- s.5 Restrictions on the holding of licences. the relevant six months
- s.14 Establishment of Channel 3. regional Channel 3 service national Channel 3 service
- s.15 Applications for Channel 3 licences.
- s.18A Section 18: supplementary provision
- s.19 Additional payments to be made in respect of Channel 3 licences. the retail prices index
- s.21 Restriction on changes in control over Channel 3 licence holder.
- s.23 The Channel Four Television Corporation.
- s.40 Power to direct licensee to broadcast correction or a statement of findings or not to repeat programme.
- s.42A Restricted services. restricted service
- s.48 Additional services. additional service electronic signals relevant frequency
- s.49 Licensing of additional services. additional services licence
- s.52 Additional payments to be made in respect of additional services licences.
- s.71 Interpretation of Part I. the 1981 Act Channel 3 a Channel 3 licence
- s.87 General licence conditions.
- s.98 Applications for national licences.
- s.102 Additional payments to be made in respect of national licences. the retail prices index
- s.103 Restriction on changes in control over holder of national licence.
- ... and 18 more definitions
Exemptions 13
- Schedule 3 The Channel Four Television Corporation: Supplementary Provisions
- s.3 Licences under Part I.
- Schedule 19 The Gaelic Television Service : Supplementary Provisions
- s.51 Procedure to be followed by Commission in connection with consideration of applications for, and awarding of, licences.
- s.58 Sources of programmes for S4C.
- s.86 Licences under Part III.
- s.106 Requirements as to character and coverage of national and local services.
- s.111B Suspension of licences for inciting crime or disorder
- s.117 Procedure to be followed by Authority in connection with consideration of applications for, and awarding of, licences.
- s.194A Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision.
- s.201 Programme services.
- Schedule 6A The S4C Board
- Schedule 13 Status and capacity