OpenLegislation

Section 40 Power to direct licensee to broadcast correction or a statement of findings or not to repeat programme.C1C2

United Kingdom

(1)

If F1OFCOM are satisfied—

(a)

that the holder of a Channel 3 or Channel 5 licence has failed to comply with any condition of the licence, and

(b)

that that failure can be appropriately remedied by the inclusion in the licensed service of a correction or F2a statement of findings (or both) under this subsection,

they may (subject to subsection (2)) direct the licence holder to include in the licensed service a correction or a statement of findings (or both) in such form, and at such time or times, as they may determine.

(2)

OFCOM shall not give any person a direction under subsection (1) unless they have given him a reasonable opportunity of making representations to them about the matters complained of.

(3)

Where the holder of a licence includes a correction or a statement of findings in the licensed service in pursuance of a direction under subsection (1), he may announce that he is doing so in pursuance of such a direction.

(4)

If OFCOM are satisfied that the inclusion by the holder of a Channel 3 or Channel 5 licence of any programme in the licensed service involved a failure by him to comply with any condition of the licence, they may direct him not to include that programme in that service on any future occasion.

(5)

This section shall apply in relation to Channel 4 as if any reference to a Channel 3 licence were a reference to the licence to provide Channel 4.

(6)

F3For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.

Annotations

Textual amendments

F1

Words in ss. 40-42 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 18(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F2

Words in s. 40 substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 344(2), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F3

S. 40(6) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 344(3), 411(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications

C1

Pt. 1: transfer of functions (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 3(a) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C2

S. 40 applied (with modifications) (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 10 para. 8(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C3

S. 40(1)-(4) applied (1.10.1996) by 1996 c. 55, s. 23(8) (with s. 43(1)(6)); S.I.1996/2120, art. 4, Sch.1

S. 40(1)-(4) applied (1.10.1996) by 1996 c. 55, s. 27(8) (with s. 43(1)(6)); S.I. 1996/2120, art. 4, Sch. 1

C4

S. 40(1) modified (20.7.2004) by The Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 2(a) (with art. 5)