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Section 198D Directions in relation to C4C's media content duties and commissioning dutiesF1F6

(1)

This section applies if OFCOM—

(a)

are of the opinion that C4C have failed to perform one or more of their duties under section 198A F2, 198AA or section F3198B(1), (1A), (3), (3A) or (5),

(b)

are of the opinion that the failure is serious and is not excused by economic or market conditions, and

(c)

determine that the situation requires the exercise of their functions under this section.

(2)

In making a determination under subsection (1)(c), OFCOM must have regard, in particular, to—

(a)

C4C's statements of media content policy F4or (as the case may be) commissioning policy,

(b)

C4C's effectiveness and efficiency in monitoring their own performance, and

(c)

general economic and market conditions affecting the provision of relevant media content (as defined in section 198A).

(3)

OFCOM may give directions to C4C to do one or both of the following—

(a)

to revise the latest statement of media content policy F5or (as the case may be) commissioning policy in accordance with the direction;

(b)

to take such steps for remedying the failure as OFCOM specify in the direction.

(4)

A direction given under this section must set out—

(a)

a reasonable timetable for complying with it, and

(b)

the factors that OFCOM will take into account in determining whether or not a failure has been remedied.

(5)

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)

Notes on Part 3

Textual amendments

F1

Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)

Modifications

C1

Pt. 3: amendment to earlier affecting provision S.I. 2012/292, Sch. Pt. 2 (12.7.2012) by The Broadcasting (Local Digital Television Programme Services and Independent Productions) (Amendment) Order 2012 (S.I. 2012/1842), art. 4

C2

Pt. 3 applied (with modifications) (14.2.2012) by The Local Digital Television Programme Services Order 2012 (S.I. 2012/292), arts. 1, 4, Sch. Pt. 2

C3

Pt. 3 modified (1.4.2025) by The Community Radio Order 2025 (S.I. 2025/160), arts. 1(2), 4, Sch. (with art. 8)

Notes on Chapter 1

Textual amendments

F1

Word in Pt. 3 Ch. 1 heading substituted (23.8.2024) by Media Act 2024 (c. 15), s. 55(3)(c), Sch. 4 para. 31; S.I. 2024/858, reg. 2(1)(x)