Section 198D Directions in relation to C4C's media content duties and commissioning duties
F1This section applies if OFCOM—
are of the opinion that the failure is serious and is not excused by economic or market conditions, and
determine that the situation requires the exercise of their functions under this section.
In making a determination under subsection (1)(c), OFCOM must have regard, in particular, to—
C4C's statements of media content policy F4or (as the case may be) commissioning policy,
C4C's effectiveness and efficiency in monitoring their own performance, and
general economic and market conditions affecting the provision of relevant media content (as defined in section 198A).
OFCOM may give directions to C4C to do one or both of the following—
to revise the latest statement of media content policy F5or (as the case may be) commissioning policy in accordance with the direction;
to take such steps for remedying the failure as OFCOM specify in the direction.
A direction given under this section must set out—
a reasonable timetable for complying with it, and
the factors that OFCOM will take into account in determining whether or not a failure has been remedied.
OFCOM must consult C4C before giving a direction under this section.
Annotations
Textual amendments
- F1
Ss. 198B-198D inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 23(1), 47(1)
- F2
Word in s. 198D(1)(a) inserted (23.8.2024 for specified purposes, 1.10.2025 in so far as not already in force) by Media Act 2024 (c. 15), ss. 30(5)(b)(i), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)
- F3
Words in s. 198D(1)(a) substituted (23.8.2024 for specified purposes, 1.10.2025 in so far as not already in force) by Media Act 2024 (c. 15), ss. 30(5)(b)(ii), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)
- F4
Words in s. 198D(2)(a) inserted (23.8.2024 for specified purposes, 1.10.2025 in so far as not already in force) by Media Act 2024 (c. 15), ss. 30(5)(c), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)
- F5
Words in s. 198D(3)(a) inserted (23.8.2024 for specified purposes, 1.10.2025 in so far as not already in force) by Media Act 2024 (c. 15), ss. 30(5)(d), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)
- F6
Words in s. 198D heading inserted (23.8.2024 for specified purposes, 1.10.2025 in so far as not already in force) by Media Act 2024 (c. 15), ss. 30(5)(a), 55(3)(b); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 2(b)