Broadcasting Act 1996
What this means for your business
- Enforced by
- Ofcom
- Applies to
- United Kingdom
- On this page
- 16 compliance obligations, 1 practical guide
What you must do
16 compliance obligations under this legislation — 1 can result in imprisonment.
Management duties 4
Broadcast Gaelic programmes on your digital multiplex licence
If the Secretary of State issues an order that attaches Gaelic‑language conditions to your multiplex licence, you must air the required amount of Gaelic content supplied by the listed broadcasters. You also need to consult the Gaelic media service and the suppliers about how many programmes you will request and when you will broadcast them, and you may only show each supplied programme once.
Obtain OFCOM consent before broadcasting designated events
If your business provides television programmes, you must not show any part of an event that has been designated by an EEA State or other qualifying trans‑frontier state unless you have prior written permission from OFCOM. This applies when the event would be received in that state and a significant part of the public there cannot watch it for free on TV.
Reserve digital capacity for independent national broadcasters on your multiplex licence
If you hold a national radio multiplex licence, you must make sure part of the digital capacity on your multiplex is set aside for every independent national broadcaster so they can run a simulcast radio service. You also need to agree on payments for that reserved capacity, and if you cannot reach an agreement you or the broadcaster can ask OFCOM to decide.
Respond to OFCOM fairness complaints
If OFCOM sends you a fairness complaint about a programme you broadcast or provide, you must cooperate fully. This means sending them any recordings, transcripts, documents and a written response, arranging for the complainant to view the material, and attending (or sending representatives to) any hearing that OFCOM decides to hold.
Notifications 1
Notify OFCOM of information and changes that affect your broadcast licence
Unlimited fineIf your business holds (or is applying for) a Part II broadcast licence, you must give OFCOM any information it asks for and tell it in advance of, or soon after, any change to your shareholdings, directors or market share that could affect the licence. Failure to do so can lead to the licence being revoked or conditions being imposed.
Other requirements 1
Publicise the Broadcasting Standards Commission (BSC)
If your business provides TV or radio broadcast services, you must make the BSC's information publicly available – for example on your website, in on‑air announcements or in printed material. This ensures the public can easily find details about the BSC and its standards.
Payments and fees 2
Pay OFCOM‑determined multiplex revenue amounts
If your business holds a multiplex licence and you disagree with OFCOM about how much revenue you owe, you must accept the amount OFCOM decides. The decision cannot be challenged in court (except by judicial review), so you need to pay the figure OFCOM sets.
Provide BBC‑reserved digital capacity and pay agreed fees
If your company holds a local radio multiplex licence, you must set aside the digital capacity that OFCOM reserves for the BBC and make it available for BBC services. You also need to agree on, and pay, any fees the BBC requires for using that capacity, and cooperate with OFCOM if a dispute arises.
Offences and prohibitions 1
Provide false or misleading information to Ofcom for a broadcast licence
3 months imprisonmentIf you or your company lie or recklessly give false information, or deliberately hide material facts, to Ofcom when applying for or holding a broadcasting licence – and you are a disqualified person under the specified provisions – you commit a criminal offence. On conviction you face up to three months in prison, an unlimited fine, or both. The case will be dealt with in the magistrates' court.
Record keeping 1
Retain recordings of broadcast programmes
If you run a TV or radio channel, you must keep a copy of every programme you broadcast. TV programmes have to be kept for 90 days and sound programmes for 42 days from the day they go out on air. This ensures the recordings are available if the regulator or courts need them.
Reporting and filing 6
Notify OFCOM of shareholding or director changes and provide required information
When you apply for or hold a broadcasting licence you must give OFCOM any information it asks for to prove you are not disqualified and that you meet the Schedule 14 requirements. If your company’s shareholdings, directors or market‑share figures change, you must inform OFCOM in advance (or as soon as the change has happened) and comply with any conditions it imposes. Failure to do so can lead to the licence being revoked.
Provide evidence you are not disqualified before receiving a broadcast licence
If your business is applying for a TV or radio licence, you must give OFCOM proof that you are not disqualified because of political ties. If you fail to do so, OFCOM may refuse or cancel the licence.
Provide information and assistance to the Secretary of State for BBC transfer schemes
If your business is named as a transferee in a BBC transfer scheme, you must give the Secretary of State any information and assistance they reasonably ask for in order to approve or modify the scheme. This means responding promptly to requests and keeping records of what you have supplied.
Provide information to OFCOM when requested about designated event contracts
If your business supplies television programmes or related services, you must give OFCOM any information it asks for about contracts linked to a designated event (e.g., major sports) in the EEA or qualifying CTT states. You need to follow the exact format, reason and deadline set out in the OFCOM information notice and ensure the disclosure does not breach data‑protection law.
Publish OFCOM’s findings when directed
Unlimited fineIf OFCOM decides a fairness complaint about a programme you broadcast and orders you to publish the outcome, you must put a summary of the complaint and OFCOM’s findings online (or otherwise) exactly as OFCOM approves, and within the time‑frame they set. You must not add any of your own comments.
Report any voluntary actions taken after an OFCOM fairness ruling
If OFCOM issues a direction following a fairness complaint about one of your programmes, you must tell OFCOM about any extra steps you or anyone else takes in response. This applies whether you hold the broadcast licence, operate a broadcasting body or run a Tier 1 service.
Penalties for non-compliance
3 penalties under this legislation. 1 can result in imprisonment. 3 carry an unlimited fine.
Provide false or misleading information to Ofcom for a broadcast licence
Unlimited fine and/or 3 months imprisonment
Notify OFCOM of information and changes that affect your broadcast licence
Unlimited fine
Publish OFCOM’s findings when directed
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
171 classified provisions from this legislation.
Duties 25
- Schedule 1 Multiplex revenue: supplementary provisions OFCOM
- s.5 Restrictions on holding of licences under Part I. applicant for a licence
- s.8 Award of multiplex licences. representations made
- s.24A Duty to prevent access to seriously harmful extrinsic material
- s.32 Digital broadcasting of Gaelic programmes. supplier
- s.33 Review of digital television broadcasting. television broadcasting service ceasing
- s.35 Enforcement of licences held by BBC companies.
- s.44 Restrictions on holding of licences under Part II. applicant for a licence
- s.48 Reservation of capacity for independent national broadcasters. OFCOM
- s.49 Duty of Authority to reserve digital capacity for certain purposes of BBC. Authority
- s.67 Review of digital radio broadcasting. sound broadcasting service ceasing
- s.101B Restriction on televising of an event designated by EEA State or other CTT State. A television programme provider
- s.103 Report to Secretary of State.
- s.104 Code of guidance.
- s.104A Provision of information.
- s.107 Preparation by OFCOM of code relating to avoidance of unjust or unfair treatment or interference with privacy. OFCOM
- s.110 General functions of OFCOM in relation to complaints. OFCOM
- s.111 Complaints of unfair treatment etc. reason both unable
- s.115 Consideration of fairness complaints. relevant person
- s.117 Duty to retain recordings. broadcasting body
- ... and 5 more duties
Offences and penalties 10
- s.11 Failure to begin providing licensed service and financial penalties on revocation of licence.
- s.17 Enforcement of multiplex licences.
- s.23 Enforcement of digital programme licences.
- s.27 Enforcement of digital additional services licences.
- s.59 Enforcement of national or local radio multiplex licences.
- s.62 Enforcement of digital sound programme licences.
- s.66 Enforcement of digital additional services licences.
- s.104B Penalties for failure to provide information
- s.144 Offence of providing false information in certain circumstances.
- s.145 Disqualification for offence of supplying false information, etc.
Powers 28
- s.1 Multiplex services and digital programme services.
- s.9 Power to require two or more multiplex licences to be granted to one person.
- s.10 Award of multiplex licence subject to conditions.
- s.12 Conditions attached to multiplex licence.
- s.13 Additional payments to be made in respect of multiplex licences.
- s.36 Power to vary amount of financial penalties.
- s.40 Radio multiplex services.
- s.41 Meaning of “independent national broadcaster” and “simulcast radio service”.
- s.46 National radio multiplex licences.
- s.52 Power to require two or more local radio multiplex licences to be granted to one person.
- s.54A Variation of radio multiplex licences: frequency or licensed area
- s.54 Conditions attached to national or local radio multiplex licence.
- s.55 Additional payments to be made in respect of national radio multiplex licences.
- s.58A Renewal of radio multiplex licences: supplementary
- s.58ZA Renewal of local radio multiplex licences
- s.69 Power to vary amount of financial penalties.
- s.77 Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision.
- s.80 Funding of Sianel Pedwar Cymru.
- s.92 Renewal of licences to provide national radio services.
- s.94 Renewal of licences to provide local radio services.
- ... and 8 more powers
Definitions 25
- s.2 Meaning of “independent analogue broadcaster” and “qualifying service”. qualifying service
- s.2A Meaning of “independent analogue broadcaster” and “qualifying service”. qualifying service
- s.4 General licence conditions.
- Schedule 6 Transfer schemes relating to BBC transmission network: successor companies the Charter preparatory scheme successor company
- s.7 Multiplex licences.
- Schedule 10 Minor and consequential amendments a Channel 4 company an S4C company restricted service
- s.14 Multiplex revenue. the relevant service relevant payments
- s.18 Licensing of digital programme services.
- s.24 Digital additional services. digital additional service ancillary service technical service
- s.25 Licensing of digital additional services.
- s.39 Interpretation of Part I. a Channel 3 service digital additional services licence digital programme licence
- s.43 General licence conditions.
- s.56 Multiplex revenue. the relevant service relevant payments
- s.60 Licensing of digital sound programme services.
- s.63 Digital additional services. digital additional service technical service
- s.64 Licensing of digital additional services.
- s.72 Interpretation of Part II. digital additional services licence digital sound programme licence licence
- s.81 Public service fund of Sianel Pedwar Cymru. the appropriate proportion
- s.85 Restricted television services. restricted service
- s.101A Designated events in relation to EEA States or other CTT States. qualifying CTT State
- ... and 5 more definitions