UK Act of Parliament 1990 United Kingdom

Broadcasting Act 1990

At a glance

Enforced by

Ofcom

What's here

60 compliance obligations, 4 practical guides across 2 topics

Penalty landscape

6 of 60 obligations carry an unlimited fine. 6 carry different penalties and 48 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 15
  • Licence Holder 5
  • Trader 2
  • Employer 1
  • Contractor 1
  • Director or Officer 1
  • Responsible Person 1

Plus 34 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.

Other 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 2338 other Acts (top 5 shown)
Licence Holders also bound by 221 other Acts (top 5 shown)
Traders also bound by 826 other Acts (top 5 shown)
Employers also bound by 694 other Acts (top 5 shown)
Contractors also bound by 178 other Acts (top 5 shown)
Directors and Officers also bound by 425 other Acts (top 5 shown)
Responsible Persons also bound by 104 other Acts (top 5 shown)

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

s.023

Sustainability duty of Corporation

  • Channel Four Television Corporation must ensure long-term financial stability Trader
s.028

Channel 5.

Other duties (1) — Crown / regulator
  • Ofcom must ensure the UK has a Channel 5 television service Statutory regulator
s.042

Licensing etc. of restricted services.

Fine up to £250,000
  • Breach of restricted service licence conditions Any Person
s.058

Sources of programmes for S4C.

Other duties (1) — Crown / regulator
  • BBC must provide Welsh-language programmes to S4C Crown / Minister / Government department
s.060

Advertising on S4C.

  • S4C must consult on advertising and product placement restrictions Any Person
s.066

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 68 other sections in this Part — procedural / definitional / commencement
s.017

Award of Channel 3 licence subject to conditions.

s.018

Section 18: supplementary provision

s.021

Variation of regional Channel 3 licence following change of control.

s.031

Appointment of news provider by holders of regional Channel 3 licences.

s.042

Restricted services.

s.045

Special power of revocation and suspension on certain grounds in case of licence to provide satellite television service.

s.056

The S4C Board

s.061

S4C public service fund.

Part III — Independent Radio Services

s.100

Licence conditions relating to simulcast radio services

Amended 3 times
  • Provide and broadcast a simulcast radio service Licence Holder
s.103

Renewal of national licences.

Amended 6 times
  • Apply to renew your national radio licence Licence Holder
s.103

Further renewal of national licences

Amended 6 times
s.104

Renewal of local licences.

Amended 5 times
  • Apply to renew your local radio licence Licence Holder
s.104

Further renewal of local licences

Amended 5 times
s.104

Renewal under section 104AA: nomination of national services

Amended 5 times
s.104

Variation of conditions relating to digital services

Amended 5 times
s.104

Special application procedure for local licences.

Amended 5 times
s.105

Variation of licence period following renewal

Amended 3 times
s.106

Variation of local licence following change of control.

Amended 11 times
s.106

Consultation about change of character of local services

Amended 11 times
s.111

Enforcement of licences held by BBC companies.

Amended 7 times
Other duties (1) — Crown / regulator
  • Ofcom must notify the Secretary of State of BBC licence enforcement actions Statutory regulator
s.111

Suspension of licences for inciting crime or disorder

Amended 7 times
Browse 21 other sections in this Part — procedural / definitional / commencement

Part IV — Transfer of Undertakings of IBA and Cable Authority

Browse 7 other sections in this Part — procedural / definitional / commencement

Part V — The Broadcasting Complaints Commission

s.143

Function of BCC.

Other duties (1) — Crown / regulator
  • BCC must adjudicate complaints of unfair treatment or privacy infringement Statutory regulator
s.147

Duty to publicise BCC.

Other duties (1) — Crown / regulator
  • Ofcom must ensure the BCC and its complaint procedures are publicised Statutory regulator
s.148

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

s.159

Duty to publicise Council.

Other duties (1) — Crown / regulator
  • Broadcasting and regulatory bodies must publicise the Council Statutory regulator
s.160

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

Browse 3 other sections in this Part — procedural / definitional / commencement

Part IX — Copyright and Related Matters

Browse 1 other section in this Part — procedural / definitional / commencement

Part X — Miscellaneous and General

s.183

Membership of the Gaelic Media Service

Amended 16 times
s.194

Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision.

Amended 1 time
s.199

Notices.

Amended 4 times
Other duties (1) — Crown / regulator
  • Ofcom must publish transparency notices following regulatory actions Statutory regulator
Browse 5 other sections in this Part — procedural / definitional / commencement

Schedules

s.sch003

(1) The Corporation shall keep proper accounts and proper records...

Other duties (1) — Crown / regulator
  • BBC must keep proper accounts and records and allow government examination Crown / Minister / Government department
s.sch006

(1) S4C shall keep proper accounts and proper records in...

Other duties (1) — Crown / regulator
  • S4C must keep proper accounts and submit to audit Crown / Minister / Government department
s.sch006

(1) As soon as possible after the end of every...

Other duties (1) — Crown / regulator
  • S4C must prepare and submit an annual report to the Secretary of State Crown / Minister / Government department
s.sch006

(1) S4C shall appoint a secretary and may appoint such...

Other duties (1) — Crown / regulator
  • S4C must appoint a secretary and may provide employee pensions Crown / Minister / Government department
s.sch006a

(1) The members of the S4C Board must not at...

Other duties (1) — Crown / regulator
  • Secretary of State must vet S4C Board members for conflicts of interest Crown / Minister / Government department
s.sch011

(1) During the interim period the programmes broadcast by the...

  • Welsh Authority must let TV contractors insert ads and provide programme info on S4C Contractor
s.sch013

(1) The BCC shall keep proper accounts and proper records...

Other duties (1) — Crown / regulator
  • Keep proper accounts and records and provide access to Secretary of State Statutory regulator
s.sch014

(1) It shall be the duty of the Council—

Other duties (1) — Crown / regulator
  • Broadcasting Council must keep proper accounts and submit annual statements Statutory regulator
s.sch020

(1) In regulation 2(1) (interpretation)— (a) omit the definitions of...

Other duties (1) — Crown / regulator
  • Regulators must consider complaints about misleading advertisements in licensed services Statutory regulator
Browse 242 other Schedules — structural / supplementary
s.sch001

(1) The Commission shall be a body corporate.

s.sch001

The application of the seal of the Commission shall be...

s.sch001

Any document purporting to be an instrument issued by the...

s.sch001

(1) It shall be the duty of the Commission so...

s.sch001

(1) For the purpose of— (a) furnishing the Commission with...

s.sch001

(1) The Commission shall keep proper accounts and proper records...

s.sch001

(1) As soon as possible after the end of every...

s.sch001

The Commission may appoint, or arrange for the assistance of,...

s.sch001

(1) A person shall be disqualified for being a member...

s.sch001

(1) Subject to the following provisions of this paragraph, each...

s.sch001

(1) The Commission may pay to each member such remuneration...

s.sch001

In Part II of Schedule 1 to the House of...

s.sch001

(1) Subject to paragraph 7, the quorum of the Commission...

s.sch001

(1) A member who is in any way directly or...

s.sch001

The validity of any proceedings of the Commission shall not...

s.sch001

(1) The Commission shall appoint a secretary and may appoint...

s.sch002

(1) In this Schedule “ coverage area ”—

s.sch002

(1) For the purposes of this Schedule—

s.sch002

(1) A BBC company, a Channel 4 company or an...

s.sch003

(1) The Corporation shall be a body corporate.

s.sch003

The application of the seal of the Corporation shall be...

s.sch003

Any document purporting to be an instrument issued by the...

s.sch003

(1) As soon as possible after the end of every...

s.sch003

(1) A person shall be disqualified for being a member...

s.sch003

(1) Subject to the following provisions of this paragraph, each...

s.sch003

(1) The Corporation may pay — (a) to each member...

s.sch003

In Part II of Schedule 1 to the House of...

s.sch003

(1) Subject to paragraph 7, the quorum of the Corporation...

s.sch003

(1) A member who is in any way directly or...

s.sch003

The validity of any proceedings of the Corporation shall not...

s.sch003

(1) The Corporation shall appoint a chief executive of the...

s.sch004

(1) Where any reference is made to the Office of...

s.sch004

In this Schedule— . . . . . . ....

s.sch004

(1) For the purposes of this Schedule arrangements satisfy the...

s.sch004

(1) Where the OFT’s report on any arrangements specifies any...

s.sch004

(1) Where the OFT’s report on any arrangements contains any...

s.sch004

(1) The following sections of Part 3 of the Enterprise...

s.sch004

(1) The Competition Commission’s report on a reference under paragraph...

s.sch004

(1) Where the Competition Commission report on any reference under...

s.sch004

(1) The OFT may at any time after making a...

s.sch004

(1) The OFT may serve on any person a notice...

s.sch004

(1) The court may, on an application by the OFT...

s.sch004

(1) A person commits an offence if he intentionally alters,...

s.sch004

(1) A person commits an offence if—

s.sch004

(1) It shall be the duty of the OFT, for...

s.sch005

In this Schedule “the relevant service” means the teletext service...

s.sch005

(1) Where any such application as is mentioned in section...

s.sch005

(1) Where a person has, in accordance with section 50...

s.sch005

(1) A licence to provide the relevant service shall include...

s.sch005

(1) Subject to sub-paragraph (2), section 18 of this Act...

s.sch005

Section 53(5) of this Act shall have effect in relation...

s.sch005

(1) Subject to sub-paragraph (2), sections 40 and 41 of...

s.sch006

(1) S4C shall not be treated for the purposes of...

s.sch006

The application of the seal of S4C shall be authenticated...

s.sch006

Any document purporting to be an instrument issued by S4C...

s.sch006

S4C may appoint, or arrange for the assistance of, advisory...

s.sch006

(1) A person shall be disqualified for being a member...

s.sch006

(1) Subject to the following provisions of this paragraph, each...

s.sch006

(1) The Authority may pay to each member such remuneration...

s.sch006

In Part II of Schedule 1 to the House of...

s.sch006

(1) Subject to paragraph 7, the quorum of the Authority...

s.sch006

(1) A member who is in any way directly or...

s.sch006

The validity of any proceedings of the Authority shall not...

s.sch006a

The S4C Board

s.sch006a

Membership

s.sch006a

Tenure of office

s.sch006a

Remuneration and pensions of members

s.sch006a

Proceedings

s.sch006a

In managing the affairs of S4C the S4C Board must...

s.sch006a

(1) A member of the S4C Board who has an...

s.sch006a

The validity of any proceedings of S4C or the S4C...

s.sch008

(1) The Authority shall be a body corporate.

s.sch008

The application of the seal of the Authority shall be...

s.sch008

Any document purporting to be an instrument issued by the...

s.sch008

(1) It shall be the duty of the Authority so...

s.sch008

(1) For the purpose of— (a) furnishing the Authority with...

s.sch008

(1) The Authority shall keep proper accounts and proper records...

s.sch008

(1) As soon as possible after the end of every...

s.sch008

The Authority may appoint, or arrange for the assistance of,...

s.sch008

(1) A person shall be disqualified for being a member...

s.sch008

(1) Subject to the following provisions of this paragraph, each...

s.sch008

(1) The Authority may pay to each member such remuneration...

s.sch008

In Part II of Schedule 1 to the House of...

s.sch008

(1) Subject to paragraph 7, the quorum of the Authority...

s.sch008

(1) A member who is in any way directly or...

s.sch008

The validity of any proceedings of the Authority shall not...

s.sch008

(1) The Authority shall appoint a secretary and may appoint...

s.sch009

In this Schedule— “relevant transferee” shall be construed in accordance...

s.sch009

(1) This paragraph applies to any liabilities to which the...

s.sch009

(1) The IBA shall, as soon as possible after the...

s.sch009

(1) The IBA shall make a scheme under this Schedule...

s.sch009

(1) A transfer scheme may— (a) define the property, rights...

s.sch009

(1) Where a transfer scheme comes into force on the...

s.sch009

(1) This paragraph applies where— (a) in consequence of any...

s.sch009

(1) A transfer scheme may contain supplemental, consequential and transitional...

s.sch009

(1) A transfer scheme may provide for the imposition of...

s.sch009

(1) Subject to sub-paragraph (2), a certificate issued by the...

s.sch009

(1) If the Secretary of State so determines, the trustees...

s.sch010

(1) Sub-paragraph (2) below shall have effect for the purposes...

s.sch010

(1) Where immediately before the transfer date there is in...

s.sch010

(1) It is hereby declared for the avoidance of doubt...

s.sch010

(1) The Cable Authority shall, as soon as possible after...

s.sch011

(1) Part V of this Act shall have effect as...

s.sch011

Part VI of this Act shall have effect during the...

s.sch011

(1) Any code, notice, direction, approval or other thing drawn...

s.sch011

(1) For each financial year, or part of a financial...

s.sch011

Part II of this Act shall have effect as if...

s.sch012

(1) Where immediately before the transfer date there is in...

s.sch012

Any request made to the Commission in pursuance of any...

s.sch012

(1) Where any licence ceases to have effect at any...

s.sch012

(1) Where the Commission are satisfied, in the case of...

s.sch012

(1) This paragraph has effect in relation to any diffusion...

s.sch012

(1) Where immediately before the transfer date there is in...

s.sch013

(1) The BCC shall not be treated for the purposes...

s.sch013

The application of the seal of the BCC shall be...

s.sch013

Any document purporting to be an instrument issued by the...

s.sch013

(1) A person shall be disqualified for being a member...

s.sch013

(1) Subject to the following provisions of this paragraph, each...

s.sch013

(1) The BCC may pay to each member such remuneration...

s.sch013

(1) Subject to paragraph 6 and to the provisions of...

s.sch013

(1) A member who is in any way directly or...

s.sch013

The validity of any proceedings of the BCC shall not...

s.sch013

(1) The BCC may appoint such number of employees as...

s.sch013

(1) The Secretary of State shall pay to the BCC—...

s.sch014

(1) The Council shall not be treated for the purposes...

s.sch014

(1) The Secretary of State shall pay to the Council—...

s.sch014

The application of the seal of the Council shall be...

s.sch014

Any document purporting to be an instrument issued by the...

s.sch014

(1) A person shall be disqualified for being a member...

s.sch014

(1) Subject to the following provisions of this paragraph, each...

s.sch014

(1) The Council may pay to each member such remuneration...

s.sch014

In Part II of Schedule 1 to the House of...

s.sch014

(1) Subject to paragraph 7 and to the provisions of...

s.sch014

(1) A member who is in any way directly or...

s.sch014

The validity of any proceedings of the Council shall not...

s.sch014

(1) The Council may appoint such number of employees as...

s.sch015

In this Schedule— “the 1959 Act” means the Obscene Publications...

s.sch015

Where— (a) any matter is included by any person in...

s.sch015

It is hereby declared that where a person has an...

s.sch015

(1) Proceedings for an offence under section 2 of the...

s.sch015

(1) A person shall not be convicted of an offence...

s.sch015

Without prejudice to section 2(4) of the 1959 Act, a...

s.sch016

(1) Section 2 (prohibition of broadcasting from marine structures) shall...

s.sch016

After section 2 insert the following section— Unlawful broadcasting from...

s.sch016

In section 3 (prohibition of acts connected with broadcasting from...

s.sch016

After section 3 insert the following section— Prohibition of management...

s.sch016

(1) Section 4 (prohibition of acts facilitating broadcasting from ships,...

s.sch016

(1) Section 5 (prohibition of acts relating to matter broadcast...

s.sch016

(1) Section 6 (penalties and legal proceedings) shall be amended...

s.sch016

After section 7 insert the following section— Powers of enforcement...

s.sch017

(1) This paragraph applies where the person providing a programme...

s.sch017

(1) Paragraph 4 applies to any act restricted by the...

s.sch017

(1) A publisher intending to avail himself of the right...

s.sch017

(1) Where the publisher, on or after the date specified...

s.sch017

(1) On an application to settle the terms of payment,...

s.sch017

(1) A person exercising the right conferred by paragraph 4,...

s.sch017

(1) This Schedule and the Copyright, Designs and Patents Act...

s.sch019

(1) The Service shall be a body corporate.

s.sch019

Any document purporting to be an instrument issued by the...

s.sch019

(1) The Service shall keep proper accounts and proper records...

s.sch019

(1) As soon as possible after the end of each...

s.sch019

(1) Subject to sub-paragraphs (1A) and (2), each member of...

s.sch019

(1) Subject to paragraph 5, the quorum of the Service...

s.sch019

(1) A member who is in any way directly or...

s.sch019

The validity of any proceedings of the Service shall not...

s.sch019

(1) The Service may appoint such employees as they may...

s.sch019

There shall be defrayed out of the Gaelic Broadcasting Fund—...

s.sch019

(1) The Service must pay all their receipts to OFCOM....

s.sch019

The application of the seal of the Service shall be...

s.sch020

Section 3 (protection in respect of proceedings for printing extracts...

s.sch020

In section 4(5) (restrictions on advertising in connection with private...

s.sch020

In section 39(2) (interpretation), for “or in a programme included...

s.sch020

In section 58(1) (prohibition of publication of proceedings in a...

s.sch020

In section 7(2)(b) (exceptions for performance given in certain circumstances),...

s.sch020

(1) In section 40(2) (restriction on persons under 16 taking...

s.sch020

In section 100K (interpretation and application of Part VA of...

s.sch020

In section 148(1) (interpretation), in the definition of “newspaper”, for...

s.sch020

In section 13(4) (interpretation), for paragraphs (c) and (d) substitute...

s.sch020

In section 133(2)(a) (exceptions to restriction on disclosure of information),...

s.sch020

In subsection (2) of sections 169 and 374 (restrictions on...

s.sch020

In section 17 (the Scottish Development Agency and the media),...

s.sch020

In section 19 (the Welsh Development Agency and the media)—...

s.sch020

In section 41(1)(a) (exceptions to restriction on disclosure of information),...

s.sch020

(1) In section 4 (anonymity of complainants in rape etc....

s.sch020

(1) In Article 6 (anonymity of complainants in rape offence...

s.sch020

In section 19(3) (exceptions to restriction on disclosure of information),...

s.sch020

(1) In section 8 (restrictions on reports of committal proceedings)—...

s.sch020

(1) In section 28 (powers of entry)—

s.sch020

In section 1(4) (provisions relating to indecent displays disapplied in...

s.sch020

(1) In section 2 (limitation of scope of strict liability)—...

s.sch020

In Article 11(4) (interpretation), for sub-paragraphs (c) and (d) substitute...

s.sch020

(1) In Article 44 (reports of preliminary proceedings)—

s.sch020

In section 72(6) (meaning of “advertisement” for the purposes of...

s.sch020

(1) Part II shall be amended as follows.

s.sch020

In Part II of Schedule 4 (nationalised industries and other...

s.sch020

(1) In section 6 (exceptions to prohibition on the running...

s.sch020

In section 3(8) (exempted supplies), for paragraphs (a) and (b)...

s.sch020

(1) In section 36 (power to enter studios)—

s.sch020

In section 21(1) (interpretation), in the definition of “film exhibition”,...

s.sch020

In subsection (5) of section 70 (supplies by utilities), for...

s.sch020

In Article 130(8) (definition of “advertisement” for the purposes of...

s.sch020

In sections 233(5)(d) and 372(5)(c) (supplies of gas, water, electricity...

s.sch020

In section 50(10) (powers to control advertising), in the definition...

s.sch020

(1) In section 207 (interpretation)— (a) in subsection (2), after...

s.sch020

In Article 2(2) (interpretation), in the definition of “newspaper”, for...

s.sch020

In section 24 (defences to offence of giving misleading price...

s.sch020

In Article 17 (defences to offence of giving misleading price...

s.sch020

In section 1(7) (admission of public to meetings of local...

s.sch020

In Article 10 (restrictions on reporting applications for dismissal and...

s.sch020

In section 97(5) (privacy for children involved in certain proceedings),...

s.sch020

In Articles 197(3) and 343(4) (supplies of water, electricity and...

s.sch020

In section 37(2) (restriction on persons under 16 taking part...

s.sch020

In section 182(1) (relaxation, with respect to licensed premises, of...

s.sch020

In section 2(3) (certain private places of entertainment to require...

s.sch020

In section 6(1) (interpretation of Part I of the Act),...

s.sch022

(1) Where, immediately before the date when the relevant section...

s.sch022

(1) The Secretary of State may by order make such...

s.sch022

(1) The Secretary of State may by order make such...

s.sch022

The amendments made by paragraphs 12, . . ., 32...

s.sch022

(1) Any provision to which this sub-paragraph applies—

s.sch022

Section 92(1) of the Representation of the People Act 1983...

s.sch022

Regulation 8(1) and (2) of the Control of Misleading Advertisements...

s.schedule/11/part/i/paragraph/wrapper2n2

In this Schedule— “the 1981 Act” means the Broadcasting Act...

Other sections — not classified into a Part

These sections sit outside the numbered Parts — usually provisions added or moved by later amendments.

sch. 7 para. 1

sch. 7 para. 1

Other duties (1) — Crown / regulator
  • Ofcom must publish principles for calculating qualifying revenue Statutory regulator
Browse 6 other sections
sch. 11 para. 1

sch. 11 para. 1

sch. 11 para. 2

sch. 11 para. 2

sch. 11 para. 3

sch. 11 para. 3

sch. 11 para. 4

sch. 11 para. 4

sch. 11 para. 5

sch. 11 para. 5

sch. 11 para. 6

sch. 11 para. 6

Official guidance

Authoritative sources published by regulators or government explaining this legislation.

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 …

Explore more

Browse legislation

Find other UK business legislation with related guidance.

Regulators

Learn more about the bodies that enforce this legislation.