OpenLegislation

Broadcasting Act 1996

1996 c. 55 · Enacted 24 July 1996 · Extends to United Kingdom

Not fully up to date. 15 changes made by later legislation have not yet been written into this text, which is revised to 1 January 2026.

See the changes not yet applied
ProvisionChangeMade by
s. 103(2)words substitutedCommunications Act 2003 s. 300(6)
s. 97(1)-(2A)substituted for s. 97(1)(2)Communications Act 2003 s. 299(1)
s. 97(5)words substitutedCommunications Act 2003 s. 299(3)(a)
s. 97(5)(a)words substitutedCommunications Act 2003 s. 299(3)(b)
s. 97(5A)(5B)insertedCommunications Act 2003 s. 299(4)
s. 99(1)words substitutedCommunications Act 2003 s. 300(1)
s. 101(1)-(1D)substituted for s. 101(1)Communications Act 2003 s. 300(2)
s. 101(2)words substitutedCommunications Act 2003 s. 300(3)
s. 101(5)insertedCommunications Act 2003 s. 300(4)
s. 102(2)words substitutedCommunications Act 2003 s. 300(5)
s. 144(4)words repealedCriminal Justice Act 2003 Sch. 37 Pt. 9
s. 97(2)(d)word substitutedMedia Act 2024 Sch. 2 para. 12(2)
s. 103(2)words substitutedMedia Act 2024 Sch. 2 para. 17
s. 97(2)word substitutedMedia Act 2024 Sch. 4 para. 23(b)
specified provision(s)amendment to earlier commencing SI 2003/3142 art. 4 Sch. 2Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) (Amendment) Order 2004 art. 2
An Act to make new provision about the broadcasting in digital form of television and sound programme services and the broadcasting in that form on television or radio frequencies of other services; to amend the Broadcasting Act 1990; to make provision about rights to televise sporting or other events of national interest; to amend in other respects the law relating to the provision of television and sound programme services; to provide for the establishment and functions of a Broadcasting Standards Commission and for the dissolution of the Broadcasting Complaints Commission and the Broadcasting Standards Council; to make provision for the transfer to other persons of property, rights and liabilities of the British Broadcasting Corporation relating to their transmission network; and for connected purposes.[24th July 1996]

E1Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—C1C2C3C4C5

Annotations to the whole text

Modifications

C1

Act: power to modify conferred (18.9.2003) by Communications Act 2003 (c. 21), ss. 407, 411(2) (with Sch. 18); S.I. 2003/1900, art. 2(2), Sch. 2

C2

Act extended (with modifications) (29.12.2003) by Broadcasting (Guernsey) Order 2003 (S.I. 2003/3192), art. 2, Sch. 1

C3

Act extended (with modifications) (29.12.2003) by Broadcasting (Jersey) Order 2003 (S.I. 2003/3203), art. 2(d), Sch. 1 (as amended (27.2.2004) by The Broadcasting and Communications (Jersey) Order 2004 (S.I. 2004/308), art. 6(2), Sch. 2)

C4

Act extended (with modifications) (29.12.2003) by Broadcasting (Isle of Man) Order 2003 (S.I. 2003/3193), art. 2, Sch. 1 (as amended (27.2.2004) by The Broadcasting and Communications (Isle of Man) Order 2004 (S.I. 2004/309), art. 2(1), Sch. Pt. 1)

C5

Act: power to extend conferred (27.4.2017) by Digital Economy Act 2017 (c. 30), ss., 118(1), 119(7)(8)(c)

Extent

E1

Act extends mainly to the United Kingdom but for extent to Northern Ireland and application to the Isle of Man and the Channel Islands see s. 150.

Contents

  1. Part I: Digital terrestrial television broadcasting
  2. Introductory
  3. 1Multiplex services and digital programme services.
  4. 2Meaning of “independent analogue broadcaster” and “qualifying service”.
  5. 2AMeaning of “independent analogue broadcaster” and “qualifying service”.
  6. General provisions about licences
  7. 3Licences under Part I.
  8. 4General licence conditions.
  9. 5Restrictions on holding of licences under Part I.
  10. Multiplex services
  11. 6Assignment of frequencies by Secretary of State. Repealed
  12. 7Multiplex licences.
  13. 8Award of multiplex licences.
  14. 9Power to require two or more multiplex licences to be granted to one person.
  15. 10Award of multiplex licence subject to conditions.
  16. 11Failure to begin providing licensed service and financial penalties on revocation of licence.
  17. 12Conditions attached to multiplex licence.
  18. 13Additional payments to be made in respect of multiplex licences.
  19. 14Multiplex revenue.
  20. 15Attribution of multiplex revenue to licence holder and others.
  21. 16Duration and renewal of multiplex licences.
  22. 17Enforcement of multiplex licences.
  23. Digital programme services
  24. 18Licensing of digital programme services.
  25. 19Duration and conditions of digital programme licence.
  26. 20Code relating to provision for deaf and visually impaired. Repealed
  27. 21Powers of Secretary of State in relation to code under section 20. Repealed
  28. 22Compliance with code under section 20. Repealed
  29. 23Enforcement of digital programme licences.
  30. Digital additional services provided on television broadcasting frequencies
  31. 24Digital additional services.
  32. 24ADuty to prevent access to seriously harmful extrinsic material
  33. 25Licensing of digital additional services.
  34. 26Duration and conditions of digital additional services licence.
  35. 27Enforcement of digital additional services licences.
  36. Digital broadcasting of services provided by independent analogue broadcasters
  37. 28Provision for broadcasting of services provided by independent analogue broadcasters. Repealed
  38. 29The S4C digital service.
  39. 30The qualifying teletext service. Repealed
  40. 31Advertisements included in qualifying services. Repealed
  41. Miscellaneous and supplemental
  42. 32Digital broadcasting of Gaelic programmes.
  43. 33Review of digital television broadcasting.
  44. 34Promotion of equal opportunities and fair treatment. Repealed
  45. 35Enforcement of licences held by BBC companies.
  46. 36Power to vary amount of financial penalties.
  47. 37Computation of multiplex revenue.
  48. 38Certain receipts of Commission to be paid into Consolidated Fund. Repealed
  49. 39Interpretation of Part I.
  50. Part II: Digital terrestrial sound broadcasting
  51. Introductory
  52. 40Radio multiplex services.
  53. 41Meaning of “independent national broadcaster” and “simulcast radio service”.
  54. General provisions about licences
  55. 42Licences under Part II.
  56. 43General licence conditions.
  57. 44Restrictions on holding of licences under Part II.
  58. Radio multiplex services
  59. 45Assignment of frequencies by Secretary of State. Repealed
  60. 46National radio multiplex licences.
  61. 47Award of national radio multiplex licences.
  62. 48Reservation of capacity for independent national broadcasters.
  63. 49Duty of Authority to reserve digital capacity for certain purposes of BBC.
  64. 50Local radio multiplex licences.
  65. 51Award of local radio multiplex licences.
  66. 52Power to require two or more local radio multiplex licences to be granted to one person.
  67. 53Failure to begin providing licensed service and financial penalties on revocation of licence.
  68. 54Conditions attached to national or local radio multiplex licence.
  69. 54AVariation of radio multiplex licences: frequency or licensed area
  70. 55Additional payments to be made in respect of national radio multiplex licences.
  71. 56Multiplex revenue.
  72. 57Attribution of multiplex revenue to licence holder and others.
  73. 58Duration and renewal of national or local radio multiplex licences.
  74. 58ZARenewal of local radio multiplex licences
  75. 58ARenewal of radio multiplex licences: supplementary
  76. 59Enforcement of national or local radio multiplex licences.
  77. Digital sound programme services
  78. 60Licensing of digital sound programme services.
  79. 61Duration and conditions of digital sound programme licence.
  80. 62Enforcement of digital sound programme licences.
  81. Digital additional services provided on sound broadcasting frequencies
  82. 63Digital additional services.
  83. 64Licensing of digital additional services.
  84. 65Duration and conditions of digital additional services licence.
  85. 66Enforcement of digital additional services licences.
  86. Miscellaneous and supplemental
  87. 67Review of digital radio broadcasting.
  88. 68Promotion of equal opportunities and fair treatment. Repealed
  89. 69Power to vary amount of financial penalties.
  90. 70Computation of multiplex revenue.
  91. 71Certain receipts of Authority to be paid into Consolidated Fund. Repealed
  92. 72Interpretation of Part II.
  93. Part III: Amendments of the Broadcasting Act 1990
  94. Restrictions on holding of licences
  95. 73Restrictions on holding of licences.
  96. Regional Channel 3 services
  97. 74Provision of news programmes by holders of regional Channel 3 licences. Repealed
  98. 75Appointment of news provider by holders of regional Channel 3 licences. Repealed
  99. 76Nomination by Commission for purposes of section 31(2) of Broadcasting Act 1990. Repealed
  100. 77Modification of Restrictive Trade Practices Act 1976 in its application to agreements relating to Channel 3 news provision.
  101. 78Variation of regional Channel 3 licence following change of control. Repealed
  102. 79Powers of Commission in relation to modification or replacement of networking arrangements. Repealed
  103. Channel 4 and S4C
  104. 80Funding of Sianel Pedwar Cymru.
  105. 81Public service fund of Sianel Pedwar Cymru.
  106. 82Multiplex revenue to be taken into account in connection with funding of Channel Four Television Corporation. Not yet in force
  107. 83Application of excess revenues of Channel Four Television Corporation. Repealed
  108. 84Extension of powers of Channel Four Television Corporation and Sianel Pedwar Cymru. Repealed
  109. Miscellaneous amendments relating to television broadcasting
  110. 85Restricted television services.
  111. 86Award of certain licences subject to conditions.
  112. 87Ancillary services. Repealed
  113. 88Enforcement of licences to provide non-domestic satellite services. Repealed
  114. 89Power of Independent Television Commission to suspend licence to provide non-domestic satellite service. Repealed
  115. 90Enforcement of licences to provide licensable programme services. Repealed
  116. 91Certain delivery services to carry certain broadcasts. Repealed
  117. Sound broadcasting
  118. 92Renewal of licences to provide national radio services.
  119. 93Variation of local radio licence following change of control. Repealed
  120. 94Renewal of licences to provide local radio services.
  121. 95Financing of Gaelic sound programmes.
  122. 96Power of Radio Authority to suspend licence to provide satellite service.
  123. Part IV: Sporting and other events of national interest
  124. 97Listed events.
  125. 98Categories of service.
  126. 99Contract for exclusive right to televise coverage of listed event to be void.
  127. 100Contract for televising showing coverage of listed event must specify category of service.
  128. 101Restriction on televising of listed event Restriction on showing live coverage.
  129. 101ADesignated events in relation to EEA States or other CTT States.
  130. 101BRestriction on televising of an event designated by EEA State or other CTT State.
  131. 102Power of OFCOM to impose penalty.
  132. 103Report to Secretary of State.
  133. 104Code of guidance.
  134. 104ZARegulations about coverage of listed events
  135. 104AProvision of information.
  136. 104BPenalties for failure to provide information
  137. 105Interpretation of Part IV and supplementary provisions.
  138. Part V: The Broadcasting Standards Commission
  139. Establishment of Broadcasting Standards Commission
  140. 106The Broadcasting Standards Commission. Repealed
  141. Unjust or unfair treatment or unwarranted infringement of privacy
  142. 107Preparation by OFCOM of code relating to avoidance of unjust or unfair treatment or interference with privacy.
  143. Portrayal of violence or sexual conduct etc.
  144. 108Preparation by BSC of code relating to broadcasting standards generally. Repealed
  145. 109Monitoring by BSC of broadcasting standards. Repealed
  146. Complaints
  147. 110General functions of OFCOM in relation to complaints.
  148. 111Complaints of unfair treatment etc.
  149. 112Committee to consider fairness complaints. Repealed
  150. 113Complaints relating to taste and decency, etc. Repealed
  151. 114Supplementary provisions as to making of complaints of either kind.
  152. 115Consideration of fairness complaints.
  153. 116Consideration of standards complaints. Repealed
  154. 117Duty to retain recordings.
  155. 118Power to pay allowances to persons attending hearings.
  156. 119Publication of OFCOM’s findings.
  157. 120Reports on action taken voluntarily in response to findings on complaints.
  158. 121Certain statements etc. protected by qualified privilege for purposes of defamation.
  159. Miscellaneous and general
  160. 122Power of BSC to commission research. Repealed
  161. 123International representation by BSC of Government interests. Repealed
  162. 124Duty to publicise BSC. Repealed
  163. 125Annual reports. Repealed
  164. 126Reports to Secretary of State. Repealed
  165. 127Contributions towards cost of BSC. Repealed
  166. 128Transfer of assets of Broadcasting Complaints Commission and Broadcasting Standards Council to BSC and dissolution of those bodies. Repealed
  167. 129Transitional provisions relating to complaints. Repealed
  168. 130Interpretation of Part V.
  169. Part VI: The British Broadcasting Corporation
  170. Transfer of property, rights and liabilities relating to BBC transmission network
  171. 131Power of BBC to make transfer schemes relating to its transmission network.
  172. 132Powers of Secretary of State in relation to transfer schemes.
  173. 133Agreements with respect to transfer schemes.
  174. 134Transfer schemes: successor companies.
  175. 135Taxation provisions with respect to transfer schemes.
  176. Services provided by BBC companies
  177. 136Services provided by BBC companies.
  178. Part VII: Copyright and related matters
  179. 137Avoidance of certain terms relating to use for purpose of news reporting of visual images from broadcast or cable programme.
  180. 138Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services. Repealed
  181. 139Copyright licensing.
  182. 140. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  183. 141. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Repealed
  184. Part VIII: Miscellaneous and general
  185. Standards for transmission systems
  186. 142Standards for transmission systems. Repealed
  187. Disqualification on grounds relating to political objects
  188. 143Duties of Independent Television Commission and Radio Authority in cases involving disqualification on grounds related to political objects.
  189. Provision of false information, etc.
  190. 144Offence of providing false information in certain circumstances.
  191. 145Disqualification for offence of supplying false information, etc.
  192. 146Supplementary provisions as to disqualification orders.
  193. General
  194. 147General interpretation.
  195. 148Minor and consequential amendments, repeals and revocations.
  196. 149Commencement and transitional provisions.
  197. 150Short title and extent.
  198. Schedule 1: Multiplex revenue: supplementary provisions
  199. Part I: Multiplex revenue for purposes of Part I of this Act
  200. Computation of multiplex revenue
  201. 1Paragraph 1
  202. Disputes
  203. 2Paragraph 2
  204. Part II: Multiplex revenue for purposes of Part II of this Act
  205. Computation of multiplex revenue
  206. 3Paragraph 3
  207. Disputes
  208. 4Paragraph 4
  209. Schedule 2: Amendments of Broadcasting Act 1990 relating to restrictions on holding of licences
  210. Part I: Amendments of Part I of Schedule 2
  211. 1Paragraph 1
  212. 2Paragraph 2
  213. 3Paragraph 3
  214. 4Paragraph 4 Repealed
  215. 5Paragraph 5 Repealed
  216. Part II: Amendments of Part II of Schedule 2
  217. 6Paragraph 6
  218. 7Paragraph 7
  219. 8Paragraph 8
  220. 9Paragraph 9
  221. Part III: Provisions substituted for Part III of Schedule 2
  222. 10Paragraph 10 Repealed
  223. Part IV: Provisions substituted for Part IV of Schedule 2
  224. 11Paragraph 11 Repealed
  225. Part V: Amendments of other provisions of 1990 Act
  226. 12Paragraph 12
  227. 13Paragraph 13
  228. Schedule 3: Broadcasting Standards Commission: supplementary provisions Repealed
  229. Interpretation Repealed
  230. 1Paragraph 1 Repealed
  231. Status and capacity Repealed
  232. 2Paragraph 2 Repealed
  233. Appointment of members Repealed
  234. 3Paragraph 3 Repealed
  235. Tenure of office Repealed
  236. 4Paragraph 4 Repealed
  237. Remuneration and pensions of members Repealed
  238. 5Paragraph 5 Repealed
  239. Disqualification of members of BSC for House of Commons and Northern Ireland Assembly Repealed
  240. 6Paragraph 6 Repealed
  241. Proceedings Repealed
  242. 7Paragraph 7 Repealed
  243. 8Paragraph 8 Repealed
  244. 9Paragraph 9 Repealed
  245. Employees of the BSC Repealed
  246. 10Paragraph 10 Repealed
  247. Financial provisions Repealed
  248. 11Paragraph 11 Repealed
  249. Authentication of seal of BSC Repealed
  250. 12Paragraph 12 Repealed
  251. Presumption of authenticity of documents issued by BSC Repealed
  252. 13Paragraph 13 Repealed
  253. Accounts and audit Repealed
  254. 14Paragraph 14 Repealed
  255. Schedule 4: Supplementary provisions relating to dissolution of Broadcasting Complaints Commission and Broadcasting Standards Council Repealed
  256. Meaning of “the existing boards” Repealed
  257. 1Paragraph 1 Repealed
  258. Provisions as to vesting of property et ceteralaetc. of existing boards Repealed
  259. 2Paragraph 2 Repealed
  260. 3Paragraph 3 Repealed
  261. Pensions Repealed
  262. 4Paragraph 4 Repealed
  263. Final accounts and annual report of existing bodies Repealed
  264. 5Paragraph 5 Repealed
  265. 6Paragraph 6 Repealed
  266. 7Paragraph 7 Repealed
  267. Final contributions towards cost of Broadcasting Complaints Commission Repealed
  268. 8Paragraph 8 Repealed
  269. Schedule 5: Transfer schemes relating to BBC transmission network: supplementary provisions
  270. Contents and effect of scheme
  271. 1Paragraph 1
  272. Division of BBC’s undertaking by scheme
  273. 2Paragraph 2
  274. Property to which a scheme may relate
  275. 3Paragraph 3
  276. Supplemental provisions of schemes
  277. 4Paragraph 4
  278. Certificate of Secretary of State as to vesting of property etc.
  279. 5Paragraph 5
  280. Duties in relation to foreign property etc.
  281. 6Paragraph 6
  282. Modification of scheme by agreement
  283. 7Paragraph 7
  284. Compensation
  285. 8Paragraph 8
  286. Notice to persons affected by scheme
  287. 9Paragraph 9
  288. Consideration for transfer etc.
  289. 10Paragraph 10
  290. Schedule 6: Transfer schemes relating to BBC transmission network: successor companies
  291. Interpretation
  292. 1Paragraph 1
  293. Statutory accounts
  294. 2Paragraph 2
  295. Distributable reserves
  296. 3Paragraph 3
  297. Dividends
  298. 4Paragraph 4
  299. Application of the Trustee Investments Act 1961
  300. 5Paragraph 5
  301. Schedule 7: Transfer schemes relating to BBC transmission network: taxation provisions
  302. Interpretation
  303. 1Paragraph 1
  304. Chargeable gains: preparatory transfers etc to be without gain or loss
  305. 2Paragraph 2
  306. Chargeable gains: amendment of section 35(3)(d) of the Gains Act
  307. 3Paragraph 3 Repealed
  308. Chargeable gains: section 41 of the Gains Act
  309. 4Paragraph 4
  310. Chargeable gains: assets held before 6th April 1965
  311. 5Paragraph 5
  312. Chargeable gains: sale of successor company : group transactions
  313. 6Paragraph 6
  314. Chargeable gains: sale or exchange of shares or securities of successor company
  315. 7Paragraph 7
  316. No chargeable gain or allowable loss to arise on any disposal constituted by a direct disposal transfer
  317. 8Paragraph 8
  318. Chargeable gains: value shifting
  319. 9Paragraph 9
  320. Chargeable gains: receipt of compensation or insurance money
  321. 10Paragraph 10
  322. Loan relationships: disposal of securities by BBC
  323. 11Paragraph 11
  324. Transfer of trade: loss relief and capital allowances
  325. 12Paragraph 12
  326. Capital allowances: industrial buildings . . .
  327. 13Paragraph 13
  328. Capital allowances: plant and machinery
  329. 14Paragraph 14
  330. Capital allowances: leased fixtures
  331. 15Paragraph 15
  332. Capital allowances: connected persons
  333. 16Paragraph 16
  334. Capital allowances: agricultural buildings allowances
  335. 17Paragraph 17
  336. Corporation tax: BBC and successor company to be treated as one for certain purposes
  337. 18Paragraph 18
  338. Corporation tax: no profit or loss under Part 3 of the Corporation Tax Act 2009 by reason of a direct disposal transfer
  339. 19Paragraph 19
  340. Corporation tax: group relief
  341. 20Paragraph 20
  342. Corporation tax: leases at an undervalue
  343. 21Paragraph 21
  344. Corporation tax: sale and lease-back
  345. 22Paragraph 22
  346. Corporation tax: sale of lease of land
  347. 23Paragraph 23
  348. Corporation tax: leased assets
  349. 24Paragraph 24
  350. Stamp duty and stamp duty land tax
  351. 25Paragraph 25
  352. Stamp duty reserve tax
  353. 26Paragraph 26
  354. Modifications of transfer schemes
  355. 27Paragraph 27
  356. Orders
  357. 28Paragraph 28
  358. Schedule 8: Amendments of Broadcasting Act 1990 relating to services provided by BBC companies
  359. Television services
  360. 1Paragraph 1
  361. 2Paragraph 2
  362. 3Paragraph 3
  363. 4Paragraph 4 Repealed
  364. Radio services
  365. 5Paragraph 5
  366. 6Paragraph 6
  367. 7Paragraph 7
  368. Meaning of “BBC company” for purposes of Broadcasting Act 1990
  369. 8Paragraph 8
  370. Schedule 9: Amendments of Copyright, Designs and Patents Act 1988 relating to cable programme services Repealed
  371. 1Paragraph 1 Repealed
  372. 2Paragraph 2 Repealed
  373. 3Paragraph 3 Repealed
  374. 4Paragraph 4 Repealed
  375. 5Paragraph 5 Repealed
  376. 6Paragraph 6 Repealed
  377. Schedule 10: Minor and consequential amendments
  378. Part I: Amendments of Broadcasting Act 1990 relating to digital terrestrial broadcasting
  379. 1Paragraph 1 Repealed
  380. 2Paragraph 2
  381. 3Paragraph 3 Repealed
  382. 4Paragraph 4 Repealed
  383. 5Paragraph 5 Repealed
  384. 6Paragraph 6 Repealed
  385. 7Paragraph 7
  386. 8Paragraph 8 Repealed
  387. 9Paragraph 9
  388. 10Paragraph 10
  389. 11Paragraph 11 Repealed
  390. Part II: Other amendments of Broadcasting Act 1990
  391. 12Paragraph 12 Repealed
  392. 13Paragraph 13 Repealed
  393. 14Paragraph 14 Repealed
  394. 15Paragraph 15 Repealed
  395. 16Paragraph 16 Repealed
  396. 17Paragraph 17
  397. 18Paragraph 18 Repealed
  398. 19Paragraph 19 Repealed
  399. 20Paragraph 20 Repealed
  400. 21Paragraph 21
  401. 22Paragraph 22 Repealed
  402. 23Paragraph 23 Repealed
  403. 24Paragraph 24 Repealed
  404. 25Paragraph 25 Repealed
  405. 26Paragraph 26
  406. Part III: Amendments of other enactments
  407. The Welsh Development Agency Act 1975 (c. 70)
  408. 27Paragraph 27
  409. The Representation of the People Act 1983 (c. 2)
  410. 28Paragraph 28
  411. 29Paragraph 29 Repealed
  412. 30Paragraph 30
  413. The Copyright, Designs and Patents Act 1988 (c. 48)
  414. 31Paragraph 31
  415. 32Paragraph 32
  416. Schedule 11: Repeals and revocations
  417. IEnactments repealed
  418. IISubordinate legislation revoked