UK Act of Parliament
1996
United Kingdom
Broadcasting Act 1996
At a glance
Enforced by
What's here
33 compliance obligations, 2 practical guides across 2 topics
Penalty landscape
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.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 12
- Responsible Person 2
- Distributor 1
- Licence Holder 1
Plus 17 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
2 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
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
Distributors also bound by 33 other Acts (top 5 shown)
- Electricity Safety, Quality and Continuity Regulations 2002 2002 19 duties
- Value Added Tax Regulations 1995 1995 14 duties
- UK REACH Regulation (retained EU law) 2006 11 duties
- Electricity Act 1989 1989 9 duties
- Classification, Labelling and Packaging Regulation (UK CLP) 2008 7 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
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 — Digital terrestrial television broadcasting
Restrictions on holding of licences under Part I.
Other duties (1) — Crown / regulator
- Ofcom must prevent disqualified persons from holding broadcasting licences Statutory regulator
Award of multiplex licences.
Other duties (1) — Crown / regulator
- Ofcom must follow specific criteria when awarding multiplex licences Statutory regulator
Failure to begin providing licensed service and financial penalties on revocation of licence.
Unlimited fine- Fail to provide licensed broadcasting service or face licence revocation Any Person
Enforcement of multiplex licences.
Fine up to £250,000- Breach of multiplex licence conditions or Ofcom directions Any Person
Enforcement of digital programme licences.
Fine up to £250,000- Breach of digital programme licence conditions Any Person
Duty to prevent access to seriously harmful extrinsic material
Other duties (1) — Crown / regulator
- Ofcom must prevent access to seriously harmful extrinsic material Statutory regulator
Enforcement of digital additional services licences.
Fine up to £250,000- Breach of digital additional services licence conditions Any Person
Digital broadcasting of Gaelic programmes.
- Supply Gaelic programmes to the multiplex licence holder free of charge Distributor
Review of digital television broadcasting.
Other duties (1) — Crown / regulator
- Ofcom must consult broadcasters and report on digital TV transition Statutory regulator
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 31 other sections in this Part — procedural / definitional / commencement
Multiplex services and digital programme services.
Meaning of “independent analogue broadcaster” and “qualifying service”.
Meaning of “independent analogue broadcaster” and “qualifying service”.
Licences under Part I.
General licence conditions.
Assignment of frequencies by Secretary of State.
Multiplex licences.
Power to require two or more multiplex licences to be granted to one person.
Award of multiplex licence subject to conditions.
Conditions attached to multiplex licence.
Additional payments to be made in respect of multiplex licences.
Multiplex revenue.
Attribution of multiplex revenue to licence holder and others.
Duration and renewal of multiplex licences.
Licensing of digital programme services.
Duration and conditions of digital programme licence.
Code relating to provision for deaf and visually impaired.
Powers of Secretary of State in relation to code under section 20.
Compliance with code under section 20.
Digital additional services.
Licensing of digital additional services.
Duration and conditions of digital additional services licence.
Provision for broadcasting of services provided by independent analogue broadcasters.
The S4C digital service.
The qualifying teletext service.
Advertisements included in qualifying services.
Promotion of equal opportunities and fair treatment.
Power to vary amount of financial penalties.
Computation of multiplex revenue.
Certain receipts of Commission to be paid into Consolidated Fund.
Interpretation of Part I.
Part II — Digital terrestrial sound broadcasting
Restrictions on holding of licences under Part II.
Unlimited fineOther duties (1) — Crown / regulator
- Ofcom must enforce broadcasting licence ownership and control restrictions Statutory regulator
Reservation of capacity for independent national broadcasters.
Other duties (1) — Crown / regulator
- Ofcom must reserve multiplex capacity for independent radio broadcasters Statutory regulator
Duty of Authority to reserve digital capacity for certain purposes of BBC.
Other duties (1) — Crown / regulator
- Ofcom must reserve digital capacity on local radio multiplexes for the BBC Statutory regulator
Enforcement of national or local radio multiplex licences.
Fine up to £250,000- Breach of radio multiplex licence conditions or directions Any Person
Enforcement of digital sound programme licences.
Fine up to £250,000- Breach of digital sound programme licence conditions Any Person
Enforcement of digital additional services licences.
Fine up to £250,000- Breach of digital additional services licence conditions Any Person
Review of digital radio broadcasting.
Other duties (1) — Crown / regulator
- Ofcom must review digital radio progress and consult broadcasters Statutory regulator
Browse 29 other sections in this Part — procedural / definitional / commencement
Radio multiplex services.
Meaning of “independent national broadcaster” and “simulcast radio service”.
Licences under Part II.
General licence conditions.
Assignment of frequencies by Secretary of State.
National radio multiplex licences.
Award of national radio multiplex licences.
Local radio multiplex licences.
Award of local radio multiplex licences.
Power to require two or more local radio multiplex licences to be granted to one person.
Failure to begin providing licensed service and financial penalties on revocation of licence.
Conditions attached to national or local radio multiplex licence.
Variation of radio multiplex licences: frequency or licensed area
Additional payments to be made in respect of national radio multiplex licences.
Multiplex revenue.
Attribution of multiplex revenue to licence holder and others.
Duration and renewal of national or local radio multiplex licences.
Renewal of radio multiplex licences: supplementary
Renewal of local radio multiplex licences
Licensing of digital sound programme services.
Duration and conditions of digital sound programme licence.
Digital additional services.
Licensing of digital additional services.
Duration and conditions of digital additional services licence.
Promotion of equal opportunities and fair treatment.
Power to vary amount of financial penalties.
Computation of multiplex revenue.
Certain receipts of Authority to be paid into Consolidated Fund.
Interpretation of Part II.
Part III — Amendments of the Broadcasting Act 1990
Browse 24 other sections in this Part — procedural / definitional / commencement
Restrictions on holding of licences.
Provision of news programmes by holders of regional Channel 3 licences.
Appointment of news provider by holders of regional Channel 3 licences.
Nomination by Commission for purposes of section 31(2) of Broadcasting Act 1990.
Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision.
Variation of regional Channel 3 licence following change of control.
Powers of Commission in relation to modification or replacement of networking arrangements.
Funding of Sianel Pedwar Cymru.
Public service fund of Sianel Pedwar Cymru.
Multiplex revenue to be taken into account in connection with funding of Channel Four Television Corporation.
Application of excess revenues of Channel Four Television Corporation.
Extension of powers of Channel Four Television Corporation and Sianel Pedwar Cymru.
Restricted television services.
Award of certain licences subject to conditions.
Ancillary services.
Enforcement of licences to provide non-domestic satellite services.
Power of Independent Television Commission to suspend licence to provide non-domestic satellite service.
Enforcement of licences to provide licensable programme services.
Certain delivery services to carry certain broadcasts.
Renewal of licences to provide national radio services.
Variation of local radio licence following change of control.
Renewal of licences to provide local radio services.
Financing of Gaelic sound programmes.
Power of Radio Authority to suspend licence to provide satellite service.
Part IV — Sporting and other events of national interest
Contract for televising showing coverage of listed event must specify category of service.
Amended 6 timesRestriction on televising of listed event Restriction on showing live coverage.
Amended 5 timesDesignated events in relation to EEA States or other CTT States.
Amended 5 timesRestriction on televising of an event designated by EEA State or other CTT State.
Amended 5 times- Obtain Ofcom consent before broadcasting designated European sporting events Any Person
Power of OFCOM to impose penalty.
Amended 15 timesReport to Secretary of State.
Amended 8 timesOther duties (1) — Crown / regulator
- Ofcom must report broadcasting failures and misinformation to the Secretary of State Statutory regulator
Code of guidance.
Amended 11 timesOther duties (1) — Crown / regulator
- Ofcom must publish guidance on consenting to broadcast major events Statutory regulator
Provision of information.
Fine up to £250,000 Amended 11 times- Provide information to Ofcom regarding TV rights for major events Any Person
Penalties for failure to provide information
Amended 11 timesRegulations about coverage of listed events
Amended 11 timesInterpretation of Part IV and supplementary provisions.
Amended 17 timesBrowse 3 other sections in this Part — procedural / definitional / commencement
Part V — The Broadcasting Standards Commission
The Broadcasting Standards Commission.
Amended 2 timesPreparation by OFCOM of code relating to avoidance of unjust or unfair treatment or interference with privacy.
Amended 12 timesOther duties (1) — Crown / regulator
- Ofcom must create and maintain codes on fairness and privacy in broadcasting Statutory regulator
Preparation by BSC of code relating to broadcasting standards generally.
Amended 1 timeMonitoring by BSC of broadcasting standards.
Amended 1 timeGeneral functions of OFCOM in relation to complaints.
Amended 5 timesOther duties (1) — Crown / regulator
- Ofcom must investigate and resolve broadcasting fairness and privacy complaints Statutory regulator
Complaints of unfair treatment etc.
Amended 4 timesOther duties (1) — Crown / regulator
- Ofcom must process and filter fairness complaints about broadcasts Statutory regulator
Committee to consider fairness complaints.
Amended 1 timeComplaints relating to taste and decency, etc.
Amended 1 timeSupplementary provisions as to making of complaints of either kind.
Amended 4 timesConsideration of fairness complaints.
Amended 9 times- Provide evidence and records to Ofcom during a fairness complaint Responsible Person
Consideration of standards complaints.
Amended 1 timeDuty to retain recordings.
Amended 1 time- Retain recordings of all broadcast television and sound programmes Any Person
Power to pay allowances to persons attending hearings.
Amended 1 timePublication of OFCOM ’s findings.
Unlimited fine Amended 15 times- Publish Ofcom's findings on fairness complaints as directed Responsible Person
Reports on action taken voluntarily in response to findings on complaints.
Amended 4 times- Report voluntary actions taken in response to fairness complaints Licence Holder
Duty to publicise BSC.
Other duties (1) — Crown / regulator
- Ofcom must publicise the functions of the Broadcasting Standards Commission Statutory regulator
Annual reports.
Amended 3 timesInterpretation of Part V.
Amended 7 timesBrowse 7 other sections in this Part — procedural / definitional / commencement
Certain statements etc. protected by qualified privilege for purposes of defamation.
Power of BSC to commission research.
International representation by BSC of Government interests.
Reports to Secretary of State.
Contributions towards cost of BSC.
Transfer of assets of Broadcasting Complaints Commission and Broadcasting Standards Council to BSC and dissolution of those bodies.
Transitional provisions relating to complaints.
Part VI — The British Broadcasting Corporation
Powers of Secretary of State in relation to transfer schemes.
Amended 1 time- Provide information to the Secretary of State regarding transfer schemes Any Person
Browse 5 other sections in this Part — procedural / definitional / commencement
Part VII — Copyright and related matters
Avoidance of certain terms relating to use for purpose of news reporting of visual images from broadcast or cable programme.
Amended 3 timesAmendments of Copyright, Designs and Patents Act 1988 relating to cable programme services.
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 time. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..
Amended 1 timeBrowse 1 other section in this Part — procedural / definitional / commencement
Copyright licensing.
Part VIII — Miscellaneous and general
Standards for transmission systems.
Amended 2 timesDuties of Independent Television Commission and Radio Authority in cases involving disqualification on grounds related to political objects.
Amended 10 timesOther duties (1) — Crown / regulator
- Ofcom must verify that broadcasting licence holders are not politically barred Statutory regulator
Offence of providing false information in certain circumstances.
3 months imprisonment Amended 4 times- Provide false or misleading information to Ofcom for a broadcast licence Any Person
Disqualification for offence of supplying false information, etc.
Amended 6 timesGeneral interpretation.
Amended 4 timesShort title and extent.
Amended 4 timesBrowse 3 other sections in this Part — procedural / definitional / commencement
Schedules
Multiplex revenue: supplementary provisions
Other duties (1) — Crown / regulator
- Ofcom must publish and maintain principles for calculating multiplex revenue Statutory regulator
Browse 10 other Schedules — structural / supplementary
Amendments of Broadcasting Act 1990 relating to restrictions on holding of licences
Transfer schemes relating to BBC transmission network: supplementary provisions
Transfer schemes relating to BBC transmission network: successor companies
Amendments of Broadcasting Act 1990 relating to services provided by BBC companies
Minor and consequential amendments
Broadcasting Standards Commission: supplementary provisions
Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council
Transfer schemes relating to BBC transmission network: taxation provisions
Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services
Repeals and revocations
Official guidance
Authoritative sources published by regulators or government explaining this legislation.
- 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
Learn more about the bodies that enforce this legislation.