Section 58 Specified considerations

United Kingdom

(1)

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

(2)

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

(2A)

F3The need for—

(a)

accurate presentation of news; and

(b)

free expression of opinion;

in F4news media is specified in this section.

(2B)

The need for, to the extent that it is reasonable and practicable, a sufficient plurality of views in F5news media in each market for news media in the United Kingdom or a part of the United Kingdom is specified in this section.

(2C)

The following are specified in this section—

(a)

the need, in relation to every different audience in the United Kingdom or in a particular area or locality of the United Kingdom, for there to be a sufficient plurality of persons with control of the media enterprises serving that audience;

(b)

the need for the availability throughout the United Kingdom of a wide range of broadcasting which (taken as a whole) is both of high quality and calculated to appeal to a wide variety of tastes and interests; and

(c)

the need for persons carrying on F6enterprises consisting in or involving broadcasting, and for those with control of such enterprises, to have a genuine commitment to the attainment in relation to broadcasting of the standards objectives set out in section 319 of the Communications Act 2003.

(2D)

F7The interest of maintaining the stability of the UK financial system is specified in this section F8....

(2E)

F9The need to maintain in the United Kingdom the capability to combat, and to mitigate the effects of, public health emergencies is specified in this section.

(2EA)

F10The need to maintain in the United Kingdom the continuity of the supply of telecommunications services for the purposes of preventing disruption to the economy and society of the United Kingdom, including, in particular, disruption to—

(a)

public services;

(b)

critical national infrastructure;

(c)

supply to customers who are or may be vulnerable,

is specified in this section.

(2F)

F11In this Part, “news media” means—

(a)

newspapers; or

(b)

news programmes.

(2G)

In this Part, “news programme” means a programme—

(a)

consisting of, or including, news-related material; and

(b)

included in broadcasting.

(2H)

For the purposes of subsection (2G)—

(a)

“news-related material” includes—

(i)

news or information about current affairs; and

(ii)

opinion about matters relating to the news and current affairs;

(b)

a programme is not to be treated as consisting of, or including, news-related material if the news-related material contained in the programme—

(i)

is included only incidentally to the main content of the programme; or

(ii)

relates wholly to a particular pastime, hobby, trade, business, industry or profession.

(3)

The Secretary of State may by order modify this section for the purpose of specifying in this section a new consideration or removing or amending any consideration which is for the time being specified in this section.

(4)

An order under this section may, in particular—

(a)

provide for a consideration to be specified in this section for a particular purpose or purposes or for all purposes;

(b)

apply in relation to cases under consideration by the F12CMA, OFCOM or the Secretary of State before the making of the order as well as cases under consideration on or after the making of the order.

Annotations

Textual amendments

F1: S. 58(1) omitted (4.1.2022) by virtue of National Security and Investment Act 2021 (c. 25), s. 66(3), Sch. 2 para. 7 (with s. 62); S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)
F2: S. 58(2) omitted (4.1.2022) by virtue of National Security and Investment Act 2021 (c. 25), s. 66(3), Sch. 2 para. 7 (with s. 62); S.I. 2021/1465, regs. 2, 3 (with regs. 4, 5)
F3: S. 58(2A)-(2C) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 375(1), 411(2)(3) (with transitional provisions in Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (subject to arts. 3(3), 11)
F4: Words in s. 58(2A) substituted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 2(a)
F5: Words in s. 58(2B) substituted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 2(b)
F6: Words in s. 58(2C)(c) substituted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 2(c)
F7: S. 58(2D) inserted (24.10.2008) (with application in accordance with art. 1(2) of the amending S.I.) by The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2008 (S.I. 2008/2645), arts. 1(1), 2
F8: Words in s. 58(2D) omitted (31.12.2020) by virtue of The Competition (Amendment etc.) (EU Exit) Regulations 2019 (S.I. 2019/93), regs. 1(1), 45(b) (with Sch. 4 para. 28) (as amended by S.I. 2020/1343, regs. 1(1), 35-59); 2020 c. 1, Sch. 5 para. 1(1)
F9: S. 58(2E) inserted (23.6.2020) by The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2020 (S.I. 2020/627), arts. 1(1), 2
F10: S. 58(2EA) inserted (13.10.2026) by The Enterprise Act 2002 (Specification of Additional Section 58 Consideration) Order 2026 (S.I. 2026/1075), arts. 1(1), 2(2)
F11: S. 58(2F)-(2H) inserted (24.7.2025) by The Enterprise Act 2002 (Amendment of Section 58 Considerations) Order 2025 (S.I. 2025/737), arts. 1(1), 2(d)
F12: Words in s. 58(4)(b) substituted (1.4.2014) by Enterprise and Regulatory Reform Act 2013 (c. 24), s. 103(3), Sch. 5 para. 100 (with s. 28); S.I. 2014/416, art. 2(1)(d) (with Sch.)