OpenLegislation

Section 288 Regional programme-making for Channel 4I1

(1)

The regulatory regime for Channel 4 includes the conditions that OFCOM consider appropriate for securing F1in each year—

F2(a)

that the provider of that Channel makes available qualifying audiovisual content that, so far as it consists of programmes made in the United Kingdom, includes programmes made outside the M25 area;

(aa)

that the duration (in total) of the programmes that are made in the United Kingdom outside the M25 area is at least the number of hours that OFCOM consider appropriate;

(b)

that F3those programmes (taken together) constitute what appears to OFCOM to be a suitable range of programmes;

(c)

that what appears to OFCOM to be F4a suitable amount of the expenditure of C4C on programmes made in the United Kingdom for viewing on Channel 4 F5, or for viewing by means of any other qualifying audiovisual service provided by the provider of Channel 4, is referable to programme production at different production centres outside the M25 area; and

(d)

that the different programme production centres to which that expenditure is referable constitute what appears to OFCOM to be a suitable range of such production centres.

(2)

Before imposing a condition under this section, OFCOM must consult C4C.

(3)

The requirement to consult is satisfied, in the case of the imposition of a condition by way of a variation of a licence, by compliance with section 3(4)(b) of the 1990 Act (obligation to give opportunity to make representations about variation).

(4)

F6An amount of expenditure is not to be regarded by OFCOM as suitable for the purposes of a provision of this section if it constitutes less than F7a significant amount of the expenditure in question.

(5)

In this section—

  • “expenditure”, in relation to a programme, means—

    1. (a)

      expenditure which constitutes an investment in or is otherwise attributable to the making of the programme; or

    2. (b)

      expenditure on the commissioning or other acquisition of the programme or on the acquisition of a right to include it in a service or to have it broadcast; and

  • “programme” does not include an advertisement.

F8(6)

See also sections 278B and 278C (which make further provision for the interpretation of this section etc).

Annotations

Textual amendments

F1

Words in s. 288(1) inserted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 14(8)(a), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(n)

F2

S. 288(1)(a)(aa) substituted for s. 288(1)(a) (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 14(8)(b), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(n)

F3

Words in s. 288(1)(b) substituted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 14(8)(c), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(n)

F4

Words in s. 288(1)(c) substituted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 14(8)(d), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(n)

F5

Words in s. 288(1)(c) inserted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 14(8)(e), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(n)

F6

Words in s. 288(4) substituted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 14(9)(a), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(n)

F7

Words in s. 288(4) substituted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 14(9)(b), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(n)

F8

S. 288(6) inserted (23.8.2024 for specified purposes, 1.1.2026 in so far as not already in force) by Media Act 2024 (c. 15), ss. 14(10), 55(3)(a); S.I. 2024/858, reg. 3, Sch.; S.I. 2025/1049, reg. 3(n)

Commencement

I1

S. 288 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

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 4

Textual amendments

F1

Ss. 263-271 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(ii)

F2

Ss. 263-271 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(ii)