UK Act of Parliament
1990
United Kingdom
Broadcasting Act 1990
At a glance
Enforced by
What's here
48 compliance obligations, 3 practical guides across 2 topics
Penalty landscape
6 of 48 obligations carry an unlimited fine. 8 carry different penalties and 34 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 16
- Licence Holder 5
- Trader 2
- Employer 1
- Director or Officer 1
- Responsible Person 1
Plus 22 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Relevant guidance
Practical guides for businesses affected by this Act, ordered by how closely they engage with it.
Supporting — topic alignment
3 guidesOther Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 749 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Licensing Act 2003 2003 105 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
Licence Holders also bound by 50 other Acts (top 5 shown)
- Space Industry Regulations 2021 2021 50 duties
- Human Medicines Regulations 2012 2012 11 duties
- Value Added Tax Regulations 1995 1995 7 duties
- Air Navigation Order 2016 2016 5 duties
- Animal Welfare (Licensing of Activities Involving Animals) (England) Regulations 2018 2018 5 duties
Traders also bound by 219 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 952 duties
- TULRCA 1992 1992 39 duties
- Companies Act 2006 2006 39 duties
- Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 2013 39 duties
- The Customs (Import Duty) (EU Exit) Regulations 2018 2018 33 duties
Employers also bound by 171 other Acts (top 5 shown)
- Provision and Use of Work Equipment Regulations 1998 1998 204 duties
- The Income Tax (Pay As You Earn) Regulations 2003 2003 201 duties
- Electricity at Work Regulations 1989 1989 55 duties
- Fire Safety (Scotland) Regulations 2006 2006 51 duties
- TULRCA 1992 1992 47 duties
Directors and Officers also bound by 224 other Acts (top 5 shown)
- Insolvency (England and Wales) Rules 2016 2016 75 duties
- Companies Act 2006 2006 63 duties
- Insolvency Act 1986 1986 46 duties
- CCBSA 2014 2014 22 duties
- CAICEA 2004 2004 18 duties
Responsible Persons also bound by 56 other Acts (top 5 shown)
- MH(CT)(S)A 2003 2003 45 duties
- Climate Change Levy (General) Regulations 2001 2001 24 duties
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 22 duties
- The Offshore Installations (Prevention of Fire and Explosion, and Emergency Response) Regulations 1995 1995 21 duties
- The Offshore Installations and Pipeline Works (Management and Administration) Regulations 1995 1995 16 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Part I — Independent Television Services
Prohibition on providing television services without a licence.
Unlimited fine- Provide regulated television service without a licence Any Person
Award of licence to person submitting highest cash bid.
Other duties (1) — Crown / regulator
- Ofcom must award the Channel 3 licence to the highest bidder Statutory regulator
Failure to begin providing licensed service and financial penalties on revocation of licence.
Fine up to £500,000- Fail to launch a licensed TV service or face licence revocation Any Person
Sustainability duty of Corporation
- Channel Four Television Corporation must ensure long-term financial stability Trader
Channel 4 to be provided by Corporation as licensed service.
- Channel Four Television Corporation must provide Channel 4 as a licensed service Trader
Channel 5.
Other duties (1) — Crown / regulator
- Ofcom must ensure the UK has a Channel 5 television service Statutory regulator
Promotion of equal opportunities in relation to employment by licence holder.
- Promote equal opportunities for staff and review arrangements Employer
Licensing etc. of restricted services.
Fine up to £250,000- Breach of restricted service licence conditions Any Person
Advertising on S4C.
- S4C must consult on advertising and product placement restrictions Any Person
Government control over S4C.
- S4C must broadcast or withhold content as directed by the Government Any Person
Audience research by S4C.
- S4C must conduct and consider independent audience research Any Person
Enforcement of licences held by BBC companies.
Other duties (1) — Crown / regulator
- Ofcom must notify the Secretary of State of BBC licence enforcement actions Statutory regulator
Browse 70 other sections in this Part — procedural / definitional / commencement
The Independent Television Commission.
Regulation by Commission of provision of television services.
Licences under Part I.
General licence conditions.
Restrictions on the holding of licences.
General requirements as to licensed services.
General code for programmes.
General provisions as to advertisements.
Control of advertisements.
Government control over licensed services.
Monitoring by Commission of programmes included in licensed services.
Audience research.
Establishment of Channel 3.
Applications for Channel 3 licences.
Procedure to be followed by Commission in connection with consideration of applications for licences.
Award of Channel 3 licence subject to conditions.
Section 18: supplementary provision
Additional payments to be made in respect of Channel 3 licences.
Duration and renewal of Channel 3 licences.
Restriction on changes in control over Channel 3 licence holder.
Variation of regional Channel 3 licence following change of control.
Temporary provision of regional Channel 3 service for additional area.
The Channel Four Television Corporation.
Conditions to be included in Channel 4 licence.
Revenue deficits of Corporation to be funded by Channel 3 licensees.
Application of excess revenues of Corporation.
Application to Channel 5 of provisions relating to Channel 3.
Initial Channel 5 licensee required to retune equipment susceptible to interference.
Provision of news on Channels 3 and 5.
Appointment of news provider by holders of regional Channel 3 licences.
Nomination of bodies to provide news for regional Channel 3 services.
Conditions requiring holder of Channel 3 or Channel 5 licence to deliver promised service.
Schools programmes.
Subtitling for the deaf.
Party political broadcasts.
Announcements of programme schedules.
Networking arrangements between holders of regional Channel 3 licences.
Power to direct licensee to broadcast correction or a statement of findings or not to repeat programme.
Power to impose financial penalty or shorten licence period.
Power to revoke Channel 3 or 5 licence.
Restricted services.
Satellite television services.
Licensing etc. of domestic satellite services.
Licensing etc. of satellite television services.
Special power of revocation and suspension on certain grounds in case of licence to provide satellite television service.
Licensable programme services.
Licensing etc. of licensable programme services.
Additional services.
Licensing of additional services.
Applications for additional services licences.
Procedure to be followed by Commission in connection with consideration of applications for, and awarding of, licences.
Additional payments to be made in respect of additional services licences.
Duration of licences, and renewal of licences for provision of services on assigned frequencies.
Additional services not to interfere with other transmissions.
Enforcement of additional services licences.
Welsh Authority to continue in existence as Sianel Pedwar Cymru.
The S4C Board
Function and duties of Welsh Authority.
Sources of programmes for S4C.
Requirements to be complied with in relation to S4C programmes.
Funding of S4C.
S4C public service fund.
Information to be supplied to Commission by Welsh Authority.
Assignment of frequencies by Secretary of State.
Requirements relating to transmission and distribution of services.
Computation of qualifying revenue.
Certain receipts of Commission to be paid into Consolidated Fund.
Frequency planning and research and development.
Representation by Commission of Government and other interests in connection with broadcasting matters.
Interpretation of Part I.
Part II — Local Delivery Services
Browse 13 other sections in this Part — procedural / definitional / commencement
Local delivery services.
Licensing of local delivery services.
Applications for local delivery licences.
Procedure to be followed by Commission in connection with consideration of applications for licences.
Award of licence to person submitting highest cash bid.
Award of local delivery licence subject to conditions.
Additional payments to be made in respect of local delivery licences.
Duration and renewal of local delivery licences.
Inclusion of certain services in local delivery service provided by digital means.
Regulation of delivery of programmes provided by licence holder and foreign satellite programmes.
Directions requiring licence holder to cease relaying foreign television programmes.
Enforcement of local delivery licences.
Prohibition on providing local delivery services without a licence.
Part III — Independent Radio Services
Restrictions on the holding of licences.
Other duties (1) — Crown / regulator
- Ofcom must verify licence eligibility and monitor corporate changes Statutory regulator
Disqualification for holding licence on grounds of conviction for transmitting offence.
Unlimited fine- Involve disqualified persons in broadcasting services Any Person
Prohibition on providing independent radio services without a licence.
Unlimited fine- Operate a radio service without a licence Any Person
Award of national licence to person submitting highest cash bid.
Amended 3 timesLicence conditions relating to simulcast radio services
Amended 3 times- Provide and broadcast a simulcast radio service Licence Holder
Failure to begin providing licensed service and financial penalties on revocation of licence.
Amended 8 timesAdditional payments to be made in respect of national licences.
Amended 2 timesRestriction on changes in control over holder of national licence.
Amended 6 timesRenewal of national licences.
Amended 6 times- Apply to renew your national radio licence Licence Holder
Further renewal of national licences
Amended 6 timesApplications for licences: local services and restricted services
Amended 5 timesRenewal of local licences.
Amended 5 times- Apply to renew your local radio licence Licence Holder
Further renewal of local licences
Amended 5 timesRenewal under section 104AA: nomination of national services
Amended 5 timesVariation of conditions relating to digital services
Amended 5 timesSpecial application procedure for local licences.
Amended 5 timesSpecial requirements relating to grant of local licences.
Amended 3 timesVariation of licence period following renewal
Amended 3 timesRequirements as to character and coverage of national and local services.
Amended 11 timesVariation of local licence following change of control.
Amended 11 timesConsultation about change of character of local services
Amended 11 timesParty political broadcasts.
Amended 4 timesPromotion of equal opportunities in relation to employment by holder of national licence.
Amended 1 timePower to require scripts etc. or broadcasting of correction or a statement of findings.
Amended 6 timesPower to impose financial penalty or suspend or shorten licence period.
Fine up to £250,000 Amended 5 times- Breach of broadcasting licence conditions or directions Any Person
Power to revoke licences.
Amended 7 timesEnforcement of licences held by BBC companies.
Amended 7 timesOther duties (1) — Crown / regulator
- Ofcom must notify the Secretary of State of BBC licence enforcement actions Statutory regulator
Suspension of licences for inciting crime or disorder
Amended 7 timesLicensable sound programme services.
Amended 2 timesLicensing etc. of licensable sound programme services.
Amended 1 timeAdditional services.
Amended 11 timesLicensing of additional services.
Amended 4 timesApplications for additional services licences.
Amended 2 timesProcedure to be followed by Authority in connection with consideration of applications for, and awarding of, licences.
Amended 5 timesAdditional payments to be made in respect of additional services licences.
Amended 1 timeAdditional services not to interfere with other transmissions.
Amended 3 timesEnforcement of additional services licences.
Amended 2 timesInterpretation of Part III.
Amended 7 timesBrowse 21 other sections in this Part — procedural / definitional / commencement
The Radio Authority.
Regulation by Authority of independent radio services.
Licensing functions of Authority.
Licences under Part III.
General licence conditions.
General requirements as to licensed services.
General code for programmes.
General provisions as to advertisements.
Control of advertisements.
Government control over licensed services.
Monitoring by Authority of programmes included in licensed services.
Audience research.
Date for digital switchover
Variation of licence period after date for digital switchover nominated
Applications for national licences.
Procedure to be followed by Authority in connection with consideration of applications for national licences.
Computation of qualifying revenue.
Certain receipts of Authority to be paid into Consolidated Fund.
Frequency planning and general research and development.
Authority to assist Secretary of State in connection with licensing functions under 1949 Act.
Representation by Authority of Government and other interests in connection with broadcasting matters.
Part IV — Transfer of Undertakings of IBA and Cable Authority
Variation of programme contracts to take account of new transmission arrangements.
Other duties (1) — Crown / regulator
- Ofcom must update programme contracts for new transmission arrangements Statutory regulator
Functions exercisable by IBA before transfer date in connection with local sound broadcasting.
Other duties (1) — Crown / regulator
- IBA must prepare transmission contracts for local radio contractors Statutory regulator
Transitional arrangements relating to existing cable services.
Amended 1 timeInitial Government holding in nominated company.
Amended 1 timeTarget investment limit for Government shareholding in nominated company.
Other duties (1) — Crown / regulator
- Secretary of State must set and reduce Government shareholding limits Crown / Minister / Government department
Reserves of nominated company.
Amended 2 timesInterpretation of Part IV.
Amended 1 timeBrowse 8 other sections in this Part — procedural / definitional / commencement
Division of assets of IBA and their dissolution.
Vesting in Commission of assets of Cable Authority and dissolution of Authority.
Transitional arrangements relating to IBA’s broadcasting services.
Supplementary provisions relating to variation of programme contracts.
Disposal by IBA of DBS transmitting equipment etc.
Exercise of functions through nominees.
Loans by Secretary of State to nominated company.
Temporary restriction on borrowings of nominated company.
Part V — The Broadcasting Complaints Commission
Function of BCC.
Other duties (1) — Crown / regulator
- BCC must adjudicate complaints of unfair treatment or privacy infringement Statutory regulator
Consideration of complaints.
- Retain recordings and assist Ofcom with broadcasting complaints Licence Holder
Publication of BCC’s findings.
- Publish findings following a complaint adjudication Licence Holder
Duty to publicise BCC.
Other duties (1) — Crown / regulator
- Ofcom must ensure the BCC and its complaint procedures are publicised Statutory regulator
Annual reports.
Other duties (1) — Crown / regulator
- BCC must prepare and distribute an annual report Statutory regulator
Browse 4 other sections in this Part — procedural / definitional / commencement
Part VI — The Broadcasting Standards Council
Preparation by Council of code relating to broadcasting standards.
Other duties (1) — Crown / regulator
- Ofcom must maintain and review a code on broadcasting standards Statutory regulator
Monitoring by Council of broadcasting standards.
Other duties (1) — Crown / regulator
- Council must monitor broadcasting standards and report on violence and decency Statutory regulator
Consideration by Council of complaints relating to broadcasting standards.
Other duties (1) — Crown / regulator
- Ofcom must consider and rule on broadcasting standards complaints Statutory regulator
Consideration of complaints.
- Provide information and evidence to Ofcom regarding broadcasting complaints Responsible Person
Publication of Council’s findings.
Other duties (1) — Crown / regulator
- Ofcom must direct broadcasters to publish complaint summaries and findings Statutory regulator
International representation by Council of Government interests.
Other duties (1) — Crown / regulator
- Broadcasting Council must represent UK government on international standards Statutory regulator
Duty to publicise Council.
Other duties (1) — Crown / regulator
- Broadcasting and regulatory bodies must publicise the Council Statutory regulator
Annual reports.
Other duties (1) — Crown / regulator
- Broadcasting Standards Council must publish and distribute annual reports Statutory regulator
Browse 3 other sections in this Part — procedural / definitional / commencement
Part VII — Prohibition on Inclusion of Obscene and Other Material in Programme Services
Obscenity in programme services: Scotland.
Unlimited fine- Include obscene material in a programme service (Scotland) Any Person
Defamatory material.
Amended 2 timesPower to make copies of recordings.
Fine up to £1,000 Amended 3 times- Fail to produce or allow copying of a broadcast recording on request Any Person
Browse 3 other sections in this Part — procedural / definitional / commencement
Part VIII — Provisions Relating to Wireless Telegraphy
Offence of keeping wireless telegraphy station or apparatus available for unauthorised use.
6 months imprisonment- Make wireless telegraphy apparatus available for unauthorised use Any Person
Offence of allowing premises to be used for purpose of unlawful broadcasting.
2 years imprisonment- Allow premises to be used for unlawful broadcasting Any Person
Browse 5 other sections in this Part — procedural / definitional / commencement
Prohibition of acts facilitating unauthorised broadcasting.
Amendments of the Marine, &c., Broadcasting (Offences) Act 1967.
Amendments of provisions of 1949 Act relating to penalties and forfeiture.
Extension of search and seizure powers in relation to unlawful broadcasting etc.
Application of Part VIII to Isle of Man and Channel Islands.
Part IX — Copyright and Related Matters
Browse 1 other section in this Part — procedural / definitional / commencement
Part X — Miscellaneous and General
Orders proscribing unacceptable foreign satellite services.
Amended 9 timesOffence of supporting proscribed foreign satellite services.
2 years imprisonment- Supply or promote a proscribed foreign satellite service Any Person
Unauthorised decoders for encrypted services etc.
Amended 1 timeTransfer to BBC of functions connected with television licences.
Amended 5 timesCertain apparatus to be deemed to be apparatus for wireless telegraphy.
Amended 2 times.
Amended 1 timeFinancing of programmes in Gaelic out of Gaelic Television Fund.
Amended 16 timesMembership of the Gaelic Media Service
Amended 16 timesBroadcasting of programmes in Gaelic on Channel 3 in Scotland.
Amended 6 timesContributions towards maintenance of national television archive.
Amended 7 timesDuty of BBC to include independent productions in their television services.
Amended 12 timesOther duties (1) — Crown / regulator
- BBC must include independent productions in television services Crown / Minister / Government department
Information to be furnished by BBC for purposes of reports under section 186.
Amended 6 timesPower to give broadcasting bodies etc. directions relating to international obligations.
Amended 5 timesApplication of provisions of Fair Trading Act 1973 to broadcasting and telecommunication services.
Amended 1 timeModification of networking arrangements in consequence of competition legislation
Amended 12 times. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 timeModification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision.
Amended 1 timeOffences by bodies corporate.
Unlimited fine- Personal liability for company directors and managers Director or Officer
Entry and search of premises.
Unlimited fine Amended 4 times- Intentionally obstruct an OFCOM enforcement officer Any Person
Restriction on disclosure of information.
Amended 8 timesNotices.
Amended 4 timesOther duties (1) — Crown / regulator
- Ofcom must publish transparency notices following regulatory actions Statutory regulator
Regulations and orders.
Amended 1 timeProgramme services.
Amended 7 timesGeneral interpretation.
Amended 25 timesShort title, commencement and extent.
Amended 1 timeBrowse 5 other sections in this Part — procedural / definitional / commencement
Schedules
S4C : Supplementary Provisions
- S4C must maintain accounts, appoint auditors, and submit annual reports Any Person
Qualifying Revenue: Supplementary Provisions
Other duties (1) — Crown / regulator
- Ofcom must determine qualifying revenue and payments in case of dispute Statutory regulator
Scheme Providing for Division of Assets of IBA
Other duties (1) — Crown / regulator
- IBA and successors must provide information to the Secretary of State Crown / Minister / Government department
Browse 20 other Schedules — structural / supplementary
The Independent Television Commission: Supplementary Provisions
Restrictions on the Holding of Licences
The Channel Four Television Corporation: Supplementary Provisions
References with Respect to Networking Arrangements
Special Provisions Relating to Public Teletext Service
The Gaelic Television Service : Supplementary Provisions
Minor and Consequential Amendments
Repeals
The S4C Board
The Radio Authority: Supplementary Provisions
Supplementary Provisions Relating To Dissolution of Cable Authority
Transitional Provisions Relating to IBA’s Broadcasting Services
Transitional Provisions Relating to Existing Cable Services
Status and capacity
Status and capacity
Application of 1959 Act to Television and Sound Programmes
Amendments of the Marine, &c., Broadcasting (Offences) Act 1967
Information About Programmes: Copyright
Transfer of Functions Connected with Television Licences
Transitional Provisions and Savings
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- HSE: entertainment and leisure (opens in a new tab) from HSE Detailed Guidance
- Ofcom: Broadcasting Code (opens in a new tab) from Ofcom Detailed Guidance
- Ofcom: broadcast licensing (opens in a new tab) from Ofcom Detailed Guidance
- Direct marketing guidance (ICO) (opens in a new tab) from ICO Detailed Guidance
Enforcement and responsible bodies
The regulators that administer or enforce this legislation.
Office of Communications
Regulates telecoms, TV, radio, video-on-demand, postal services, and online safety. Issues licences for telecoms providers, manages spectrum. Now enforces Online Safety Act …
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Regulators
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