UK Act of Parliament 1996 United Kingdom

Broadcasting Act 1996

An Act to make new provision about the broadcasting in digital form of television and sound programme services and the broadcasting in that form on television or radio frequencies of other services; to amend the Broadcasting Act 1990; to make provision about rights to televise sporting or other events of …

Enforced by
Ofcom
Status
Amended (in force with amendments)
Penalty ceiling
Imprisonment 7 of 33 obligations carry a fine up to £250,000. 4 carry different penalties and 22 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person13 Responsible Person2 Distributor1 Licence Holder1

Plus 16 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Responsible Person — also bound by 108 other Acts
Distributor — also bound by 182 other Acts
Licence Holder — also bound by 225 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Digital terrestrial television broadcasting

10 of 41 sections shown
s.005 Restrictions on holding of licences under Part I. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must prevent disqualified persons from holding broadcasting licencesStatutory regulator
s.008 Award of multiplex licences. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must follow specific criteria when awarding multiplex licencesStatutory regulator
s.011 Failure to begin providing licensed service and financial penalties on revocation of licence. (opens in a new tab) Prosecution
  • Fail to provide licensed broadcasting service or face licence revocationAny Person

Unlimited fine

s.017 Enforcement of multiplex licences. (opens in a new tab) Prosecution
  • Breach of multiplex licence conditions or Ofcom directionsAny Person

Fine up to £250,000

s.023 Enforcement of digital programme licences. (opens in a new tab) Prosecution
  • Breach of digital programme licence conditionsAny Person

Fine up to £250,000

s.024 Duty to prevent access to seriously harmful extrinsic material Regulated
Other duties (1) — Crown / regulator
  • Ofcom must prevent access to seriously harmful extrinsic materialStatutory regulator
s.027 Enforcement of digital additional services licences. (opens in a new tab) Prosecution
  • Breach of digital additional services licence conditionsAny Person

Fine up to £250,000

s.032 Digital broadcasting of Gaelic programmes. (opens in a new tab) Regulated
  • Supply Gaelic programmes to the multiplex licence holder free of chargeDistributor
s.033 Review of digital television broadcasting. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must consult broadcasters and report on digital TV transitionStatutory regulator
s.035 Enforcement of licences held by BBC companies. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must notify the Secretary of State of BBC licence enforcement actionsStatutory regulator
31 other sections in this Part — procedural and definitional
s.002 Meaning of “independent analogue broadcaster” and “qualifying service”.
Part 2

Digital terrestrial sound broadcasting

7 of 36 sections shown
s.044 Restrictions on holding of licences under Part II. (opens in a new tab) Prosecution
Other duties (1) — Crown / regulator
  • Ofcom must enforce broadcasting licence ownership and control restrictionsStatutory regulator

Unlimited fine

s.048 Reservation of capacity for independent national broadcasters. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must reserve multiplex capacity for independent radio broadcastersStatutory regulator
s.049 Duty of Authority to reserve digital capacity for certain purposes of BBC. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must reserve digital capacity on local radio multiplexes for the BBCStatutory regulator
s.059 Enforcement of national or local radio multiplex licences. (opens in a new tab) Prosecution
  • Breach of radio multiplex licence conditions or directionsAny Person

Fine up to £250,000

s.062 Enforcement of digital sound programme licences. (opens in a new tab) Prosecution
  • Breach of digital sound programme licence conditionsAny Person

Fine up to £250,000

s.066 Enforcement of digital additional services licences. (opens in a new tab) Prosecution
  • Breach of digital additional services licence conditionsAny Person

Fine up to £250,000

s.067 Review of digital radio broadcasting. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must review digital radio progress and consult broadcastersStatutory regulator
29 other sections in this Part — procedural and definitional
s.054 Variation of radio multiplex licences: frequency or licensed area
s.058 Renewal of radio multiplex licences: supplementary
s.058 Renewal of local radio multiplex licences
Part 3

Amendments of the Broadcasting Act 1990

0 of 24 sections shown
24 other sections in this Part — procedural and definitional
Part 4

Sporting and other events of national interest

11 of 14 sections shown
s.101 Designated events in relation to EEA States or other CTT States.

amended 5 times

s.101 Restriction on televising of an event designated by EEA State or other CTT State. Regulated
  • Obtain Ofcom consent before broadcasting designated European sporting eventsAny Person

amended 5 times

s.103 Report to Secretary of State. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must report broadcasting failures and misinformation to the Secretary of StateStatutory regulator

amended 8 times (opens in a new tab)

s.104 Code of guidance. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must publish guidance on consenting to broadcast major eventsStatutory regulator

amended 11 times (opens in a new tab)

s.104 Provision of information. Prosecution
  • Provide information to Ofcom regarding TV rights for major eventsAny Person

Fine up to £250,000 · amended 11 times

s.104 Penalties for failure to provide information

amended 11 times

s.104 Regulations about coverage of listed events

amended 11 times

3 other sections in this Part — procedural and definitional
Part 5

The Broadcasting Standards Commission

17 of 25 sections shown
s.107 Preparation by OFCOM of code relating to avoidance of unjust or unfair treatment or interference with privacy. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must create and maintain codes on fairness and privacy in broadcastingStatutory regulator

amended 12 times (opens in a new tab)

s.110 General functions of OFCOM in relation to complaints. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must investigate and resolve broadcasting fairness and privacy complaintsStatutory regulator

amended 5 times (opens in a new tab)

s.111 Complaints of unfair treatment etc. (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must process and filter fairness complaints about broadcastsStatutory regulator

amended 4 times (opens in a new tab)

s.115 Consideration of fairness complaints. (opens in a new tab) Regulated
  • Provide evidence and records to Ofcom during a fairness complaintResponsible Person

amended 9 times (opens in a new tab)

s.117 Duty to retain recordings. (opens in a new tab) Regulated
  • Retain recordings of all broadcast television and sound programmesAny Person

amended 1 time (opens in a new tab)

s.119 Publication of OFCOM ’s findings. (opens in a new tab) Prosecution
  • Publish Ofcom's findings on fairness complaints as directedResponsible Person

Unlimited fine · amended 15 times (opens in a new tab)

s.120 Reports on action taken voluntarily in response to findings on complaints. (opens in a new tab) Regulated
  • Report voluntary actions taken in response to fairness complaintsLicence Holder

amended 4 times (opens in a new tab)

8 other sections in this Part — procedural and definitional
Part 6

The British Broadcasting Corporation

1 of 6 sections shown
Part 7

Copyright and related matters

4 of 5 sections shown
Part 8

Miscellaneous and general

6 of 9 sections shown
Schedules

Schedules

1 of 138 shown
s.001 Multiplex revenue: supplementary provisions (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Ofcom must publish and maintain principles for calculating multiplex revenueStatutory regulator
137 other schedules
s.sch001 (1) It shall be the duty of OFCOM to draw...
s.sch001 (1) For the purposes of any provision of Part I...
s.sch001 (1) It shall be the duty of OFCOM to draw...
s.sch001 (1) For the purposes of any provision of Part II...
s.sch002 (1) In Part I of Schedule 2, paragraph 1 (which...
s.sch002 For Part III of Schedule 2 there is substituted— Part...
s.sch002 For Part IV of Schedule 2 there is substituted— Part...
s.sch002 (1) Section 5 of the 1990 Act (restrictions on the...
s.sch002 (1) Section 88 of the 1990 Act (restrictions on the...
s.sch002 (1) Paragraph 2 of Part I of Schedule 2 is...
s.sch002 For paragraph 3 of Part I of Schedule 2 there...
s.sch002 After paragraph 3 of Part I of Schedule 2 there...
s.sch002 In paragraph 4 of Part I of Schedule 2 (affirmative...
s.sch002 (1) In Part II of Schedule 2, paragraph 1 (general...
s.sch002 In paragraph 3 of Part II of Schedule 2 (disqualification...
s.sch002 In paragraph 5 of Part II of Schedule 2 (general...
s.sch002 After paragraph 5 of Part II of Schedule 2 there...
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch003 Broadcasting Standards Commission: supplementary provisions
s.sch004 Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council
s.sch004 Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council
s.sch004 Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council
s.sch004 Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council
s.sch004 Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council
s.sch004 Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council
s.sch004 Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council
s.sch004 Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council
s.sch005 (1) A transfer scheme may define the property, rights and...
s.sch005 (1) A transfer in accordance with a transfer scheme may...
s.sch005 (1) For the purposes of making any such division as...
s.sch005 (1) The property, rights and liabilities that shall be capable...
s.sch005 (1) A transfer scheme may contain supplemental, incidental, consequential and...
s.sch005 A certificate issued by the Secretary of State to the...
s.sch005 (1) It shall be the duty of the BBC and...
s.sch005 (1) This paragraph applies where any person to whom anything...
s.sch005 (1) Where, in consequence of any provisions included in a...
s.sch005 (1) It shall be the duty of the BBC, where...
s.sch006 (1) In this Schedule— “the Charter” means the Royal Charter...
s.sch006 (1) The following provisions of this paragraph shall have effect...
s.sch006 (1) Where statutory accounts of a successor company prepared as...
s.sch006 (1) Where a distribution is proposed to be declared during...
s.sch006 (1) For the purpose of applying paragraph 3(b) of Part...
s.sch007 (1) In this Schedule, unless the context otherwise requires— ....
s.sch007 (1) Subsection (4) of section 23 of the Gains Act...
s.sch007 (1) This paragraph applies in any case where—
s.sch007 (1) This paragraph applies in any case where, as a...
s.sch007 (1) This paragraph applies in any case where there is...
s.sch007 (1) For the purposes of Part 2 of the Capital...
s.sch007 (1) This paragraph applies to any lease which is granted...
s.sch007 In Part 2 of the Capital Allowances Act (plant and...
s.sch007 (1) This paragraph applies where there is a relevant transfer...
s.sch007 (1) If any property, rights or liabilities are transferred to...
s.sch007 In determining for the purposes of Case I of Schedule...
s.sch007 (1) For the purposes of corporation tax on chargeable gains,...
s.sch007 (1) None of the following, namely— (a) the existence of...
s.sch007 (1) Section 222 of the Corporation Tax Act 2009 (lease...
s.sch007 (1) Sections 838 and 839 of the Corporation Tax Act...
s.sch007 (1) Chapter 2 of Part 19 of the Corporation Tax...
s.sch007 (1) For the purposes of Chapter 4 of Part 19...
s.sch007 (1) Stamp duty shall not be chargeable on any agreement...
s.sch007 (1) An agreement to transfer chargeable securities, as defined in...
s.sch007 (1) If the effect of any transfer scheme is modified...
s.sch007 (1) The Secretary of State shall not make an order...
s.sch007 In section 35(3)(d) of the Gains Act (list of provisions...
s.sch007 Subsection (1) of section 174 of the Gains Act (which...
s.sch007 Schedule 2 to the Gains Act (assets held on 6th...
s.sch007 (1) For the purposes of section 179 of the Gains...
s.sch007 (1) Where a company issues shares or debentures to the...
s.sch007 (1) For the purposes of corporation tax on chargeable gains,...
s.sch007 (1) Nothing in Part VI of this Act, and no...
s.sch008 In section 3 of the 1990 Act (licences under Part...
s.sch008 (1) Section 5 of that Act (restrictions on the holding...
s.sch008 After section 66 of that Act there is inserted— Enforcement...
s.sch008 In section 81 of that Act (enforcement of local delivery...
s.sch008 In section 86 of that Act (licences under Part III)...
s.sch008 (1) Section 88 of that Act (restrictions on the holding...
s.sch008 After section 111 of that Act there is inserted— Enforcement...
s.sch008 In section 202 of that Act (interpretation), after the definition...
s.sch009 Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services
s.sch009 Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services
s.sch009 Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services
s.sch009 Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services
s.sch009 Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services
s.sch009 Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services
s.sch010 (1) Section 2 of the 1990 Act (regulation by Commission...
s.sch010 In section 176 of the 1990 Act (duty to provide...
s.sch010 In section 201 of the 1990 Act (meaning of “programme...
s.sch010 In section 2 of the 1990 Act (regulation by Commission...
s.sch010 In section 6 of the 1990 Act (general requirements as...
s.sch010 In section 33 of the 1990 Act (conditions requiring holder...
s.sch010 (1) Section 43 of the 1990 Act (domestic and non-domestic...
s.sch010 In section 46 of the 1990 Act (licensable programme services),...
s.sch010 In section 71 of the 1990 Act (interpretation of Part...
s.sch010 In section 72 of the 1990 Act (local delivery services),...
s.sch010 (1) Section 84 of the 1990 Act (regulation by Radio...
s.sch010 In section 13 of the 1990 Act (prohibition on providing...
s.sch010 In section 188 of the 1990 Act (power to give...
s.sch010 In section 202(1) of the 1990 Act (interpretation)—
s.sch010 In paragraph 2(1) of Schedule 1 to the 1990 Act...
s.sch010 In paragraph 2(1) of Schedule 3 to the 1990 Act...
s.sch010 In paragraph 2(1) of Schedule 6 to the 1990 Act...
s.sch010 In paragraph 2(1) of Schedule 8 to the 1990 Act...
s.sch010 In Schedule 19 to the 1990 Act (the Gaelic Broadcasting...
s.sch010 In section 19 of the Welsh Development Agency Act 1975...
s.sch010 In section 75 of the Representation of the People Act...
s.sch010 In section 69 of the 1990 Act (frequency planning and...
s.sch010 Without prejudice to the generality of section 20(2) of the...
s.sch010 In section 69 of the Copyright, Designs and Patents Act...
s.sch010 In Schedule 2 to the Copyright, Designs and Patents Act...
s.sch010 In section 72 of the 1990 Act (local delivery services),...
s.sch010 In section 84 of the 1990 Act (regulation by Authority...
s.sch010 In section 85 of the 1990 Act (licensing functions of...
s.sch010 In section 97 of the 1990 Act (prohibition on providing...
s.sch010 In section 112 of the 1990 Act (licensable sound programme...
s.sch010 In section 126 of the 1990 Act (interpretation of Part...

Help complying

Guvnor’s practical routes through this instrument.

2 more guides that reference this instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.