Section 107 Preparation by OFCOM of code relating to avoidance of unjust or unfair treatment or interference with privacy.C1

United Kingdom

(1)

It shall be the duty of F1OFCOM to draw up, and from time to time review, a code giving guidance as to principles to be observed, and practices to be followed, in connection with the avoidance of—

(a)

unjust or unfair treatment in programmes to which F2subsection (5) applies, or

(b)

unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.

(1A)

F3OFCOM must also draw up, and from time to time review, a code giving guidance as to the principles to be observed, and practices to be followed, in connection with the avoidance of—

(a)

unjust or unfair treatment in any programme that is included in a Tier 1 service (within the meaning given by section 368HA of the Communications Act 2003), or

(b)

unwarranted infringement of privacy in, or in connection with the obtaining of material included in, such programmes.

(1B)

Subsection (1A) applies in relation to a Tier 1 service only so far as the service is made available for use by members of the public in the United Kingdom.

(2)

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(3)

OFCOM shall from time to time publish F5a code under this section (as for the time being in force).

(4)

Before drawing up or revising F6a code under this section, OFCOM shall consult—

(a)

each broadcasting F7... body, and

(b)

such other persons as appear to OFCOM to be appropriate.

(5)

F8This subsection applies to—

(a)

any programme broadcast by the BBC,

(b)

any programme broadcast by F9S4C or included in F10any public service of S4C (within the meaning of Part 2 of Schedule 12 to the Communications Act 2003), and

(c)

any programme included in a licensed service.

Annotations

Textual amendments

F1: Words in s. 107 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 132(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F2: Words in s. 107(1)(a) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(a); S.I. 2024/858, reg. 2(1)(z1)
F3: S. 107(1A)(1B) inserted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(b); S.I. 2024/858, reg. 2(1)(z1)
F4: S. 107(2) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F5: Words in s. 107(3) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(c); S.I. 2024/858, reg. 2(1)(z1)
F6: Words in s. 107(4) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(d); S.I. 2024/858, reg. 2(1)(z1)
F7: Words in s. 107(4)(a) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 19(1) Note 1 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
F8: Words in s. 107(5) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(d), Sch. 7 para. 2(2)(e); S.I. 2024/858, reg. 2(1)(z1)
F9: Word in s. 107(5)(b) substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 26; S.I. 2024/858, reg. 2(1)(x)
F10: Words in s. 107(5)(b) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 133 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications

C1: S. 107 applied (27.7.2000) by S.I. 2000/1864, art. 2, Sch. para. 1