Media Act 2024

Programming quotas for public service television

8 Quotas: independent productions

(1) Section 277 of the Communications Act 2003 (programming quotas for independent productions) is amended as follows.

(2) For subsection (1) substitute—

“(1) The regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that in each year—

(a) the provider of the licensed public service channel makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the provider’s commissioning code, and

(b) the duration (in total) of those independent productions is at least the number of hours specified by order of the Secretary of State.”

(3) In subsection (2), omit paragraph (a).

(4) Omit subsection (3).

(5) In subsection (5), for the words from “, in each year” to the end of the subsection substitute “—

(a) in each year, the provider of the licensed public service channel makes available qualifying audiovisual content that includes a range and diversity of independent productions commissioned in accordance with the provider’s commissioning code, and

(b) the cost (in total) of the acquisition of those independent productions is at least the amount specified in the order.”

(6) In subsection (8), in paragraph (b), for “the percentage” substitute “the number of hours or (as the case may be) the amount”.

(7) Omit subsection (9).

(8) Omit subsection (10).

(9) After subsection (12) insert—

“(12A) If a draft of a statutory instrument containing an order under this section would, apart from this subsection, be treated for the purposes of the standing orders of either House of Parliament as a hybrid instrument, it is to proceed in that House as if it were not such an instrument.”

(10) In subsection (13)—

(a) after the definition of “acquisition” insert—

• ““commissioning code”, in relation to a provider, means the code of practice drawn up by the provider in pursuance of conditions included in the provider’s licence by virtue of section 285;”;

(b) omit the definition of “programming budget” and the word “and” before it.

(11) After subsection (13) insert—

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

9 Quotas: original productions

(1) Section 278 of the Communications Act 2003 (programming quotas for original productions) is amended as follows.

(2) For subsection (1) substitute—

“(1) The regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that in each year—

(a) the provider of the licensed public service channel makes available qualifying audiovisual content that includes a range of original productions,

(b) the duration (in total) of those original productions is at least the number of hours that OFCOM consider appropriate, and

(c) if OFCOM consider it appropriate, the additional peak viewing time objective described in subsection (1A) is met.

(1A) The additional peak viewing time objective is that (out of the number of hours determined by OFCOM for the purposes of subsection (1)(b)) at least the number of hours that OFCOM consider appropriate is allocated to the broadcasting of original productions included in the channel at peak viewing times.”

(3) Omit subsections (2) and (3).

(4) After subsection (7) insert—

“(7A) An order under subsection (6) may—

(a) authorise OFCOM to provide in a condition included in a licence by virtue of this section that original productions of a description specified in the licence may not be counted towards meeting the condition;

(b) require OFCOM to prepare and publish guidance about the determination of whether an original production falls within a description included in a licence by virtue of paragraph (a);

(c) authorise OFCOM to provide in a condition included in a licence by virtue of this section that the holder of the licence must have regard to that guidance.”

(5) After subsection (11) insert—

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

10 Power to create additional quotas for qualifying audiovisual content

After section 278 of the Communications Act 2003 insert—

“278A Additional quotas for qualifying audiovisual content

(1) The Secretary of State may by regulations specify a description of qualifying audiovisual content for the purposes of this section if—

(a) the Secretary of State considers that qualifying audiovisual content of that description is not being made available by the providers of licensed public service channels (taken together) to the extent that is appropriate, and

(b) subsection (3) applies.

(2) The descriptions that may be specified under subsection (1) include descriptions that are framed in part by reference to the qualifying audiovisual service by means of which the content is made available.

(3) This subsection applies where OFCOM have made a recommendation for the making of the regulations in their most recent report under section 229 or 264.

(4) Where the Secretary of State makes regulations under subsection (1), the regulatory regime for every licensed public service channel includes the conditions that OFCOM consider appropriate for securing that in each year—

(a) the provider of the licensed public service channel makes available qualifying audiovisual content that includes content of the description specified in the regulations, and

(b) the duration (in total) of content of that description is at least the number of hours that OFCOM consider appropriate.

(5) Before including a recommendation for the making of regulations under subsection (1) in a report under section 229 or 264, OFCOM must consult—

(a) members of the public in the United Kingdom,

(b) providers of licensed public service channels who are likely to be affected if the Secretary of State accepts the recommendation, and

(c) such other persons providing television programme services or on-demand programme services as OFCOM consider appropriate.

(6) Before making regulations under subsection (1), the Secretary of State must consult the following persons about their content—

(a) OFCOM,

(b) providers of licensed public service channels who are likely to be affected by the regulations, and

(c) such other persons providing television programme services or on-demand programme services as the Secretary of State considers appropriate.

(7) A statutory instrument containing regulations under subsection (1) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

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

11 Quotas: meaning of “qualifying audiovisual content” etc

After section 278A of the Communications Act 2003 (as inserted by section 10) insert—

“278B Quotas: meaning of “qualifying audiovisual content” etc

(1) In this Part, “qualifying audiovisual content” means any material, other than advertisements, included in a qualifying audiovisual service.

(2) For the purposes of this Part, a person makes available qualifying audiovisual content if—

(a) that content is provided by—

(i) the person, or

(ii) a person associated with the person, under arrangements made between the person and that associated person,

by means of a qualifying audiovisual service provided by the person or (as the case may be) that associated person,

(b) that content, and the qualifying audiovisual service by means of which it is provided, may be received or accessed in intelligible form and free of charge, and

(c) where the qualifying audiovisual service in question is an on-demand programme service, that content is available for the period described in section 264(8B) unless it is excepted by section 264(8C).

(3) Where the period described in section 264(8B) falls partly in one year and partly in another year, the person is to be regarded for the purposes of this Part as making the qualifying audiovisual content available in the year in which the period begins.

(4) Section 362AZ12(6) (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (2)(a) as it applies for the purposes of Part 3A.

(5) Subsection (8A) of section 264 applies for the purposes of subsection (2)(b) as it applies for the purposes of subsection (8) of that section.

(6) For the purposes of this Part, the following are qualifying audiovisual services—

(a) television broadcasting services;

(b) on-demand programme services that are, or form part of, designated internet programme services;

(c) any other service that—

(i) is a relevant audiovisual service for the purposes of section 264 (see section 264(11)), and

(ii) is specified, or falls within a description specified, in regulations made by the Secretary of State.

(7) In relation to a qualifying audiovisual service that is an on-demand programme service, references in this Part to “provide” (and related expressions) are to be read in accordance with section 368R(5).

(8) Before making regulations under subsection (6)(c), the Secretary of State must consult OFCOM.

(9) A statutory instrument containing regulations under subsection (6)(c) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(10) In this section, “designated internet programme service” has the same meaning as in Part 3A (see section 362AZ12).”

12 Quotas: further provision about their fulfilment

After section 278B of the Communications Act 2003 (as inserted by section 11) insert—

“278C Quotas: further provision about their fulfilment

(1) In this section, a “quota condition” means—

(a) a condition that forms part of the regulatory regime of a licensed public service channel by virtue of—

(i) section 277(1) or (4) (quotas for independent productions),

(ii) section 278(1) (quotas for original productions),

(iii) section 278A(4) (additional quotas), or

(iv) section 286(1)(a) and (aa) or (3)(a) and (aa) or 288(1)(a) and (aa) (regional programme-making quotas relating to duration);

(b) a condition that forms part of the regulatory regime of a licensed public service channel by virtue of section 286(1)(c) or (3)(c) or 288(1)(c) (regional programme-making quotas relating to expenditure), where the condition is framed by reference to the making available of qualifying audiovisual content;

(c) a duty of the BBC under or by virtue of paragraph 1(1) or (4) of Schedule 12 (BBC quotas for independent productions);

(d) a duty of S4C under or by virtue of paragraph 7(1) or (4) or 8(1) of Schedule 12 (S4C quotas for independent productions and original productions).

(2) The Secretary of State must by regulations make provision determining whether qualifying audiovisual content that is made available by a person in the circumstances described in subsection (3) may be counted towards meeting a quota condition.

(3) Those circumstances are that the person has previously made available audiovisual content consisting of the same or substantially the same material (whether in the same year or a previous year).

(4) For the purposes of subsection (3)—

(a) “audiovisual content” has the same meaning as in section 264;

(b) section 264(13) (interpretation of “made available”) applies as it applies for the purposes of section 264.

(5) Except in the case of a quota condition relating to independent productions, regulations under subsection (2) may, instead of determining the matter described in that subsection, require OFCOM to determine it.

(6) Where the regulations require OFCOM to determine the matter, OFCOM must do so—

(a) in relation to a quota condition falling within subsection (1)(a) or (b), by conditions included in the licence of the provider of the licensed public service channel, and

(b) in relation to a quota condition falling within subsection (1)(d), by a direction given by OFCOM to S4C.

(7) Before giving a direction under subsection (6)(b), OFCOM must consult S4C.

(8) In relation to a quota condition falling within subsection (1)(a) or (b), the reference in subsection (3) to the person includes a reference to any person who previously held the licence to provide the licensed public service channel in question.

(9) Before making regulations under subsection (2), the Secretary of State must consult OFCOM.

(10) A statutory instrument containing regulations under subsection (2) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.”

13 Quotas: independent productions: commissioning code

(1) Section 285 of the Communications Act 2003 (code relating to programme commissioning) is amended as follows.

(2) In subsection (1), for the words from “he will apply” to the end of the subsection substitute “that the provider will apply—

(a) when agreeing terms for the commissioning of independent productions that will be included in television broadcasting services;

(b) when agreeing terms for the commissioning of independent productions that will be included in other qualifying audiovisual services but which the provider wishes to count towards meeting the conditions included in the provider’s licence by virtue of section 277(1) or (4) (programming quotas for independent productions).”

(3) In subsection (3), after paragraph (g) insert—

“(h) that such information about the application of the code as OFCOM consider appropriate is given to persons who make independent productions that are to be commissioned in accordance with the code.”

(4) After subsection (9) insert—

“(10) See also section 278B (which makes further provision for the interpretation of this section).”

14 Regional programme-making: Channels 3, 4 and 5

(1) Section 286 of the Communications Act 2003 (regional programme-making for Channels 3 and 5) is amended in accordance with subsections (2) to (6).

(2) In subsection (1)—

(a) in the words before paragraph (a), after “securing” insert “in each year”;

(b) for paragraph (a) substitute—

“(a) that the provider of that service makes available qualifying audiovisual content that, so far as it consists of Channel 3 programmes made in the United Kingdom, includes Channel 3 programmes made outside the M25 area;

(aa) that the duration (in total) of the Channel 3 programmes that are made in the United Kingdom outside the M25 area is at least the number of hours that OFCOM consider appropriate;”;

(c) in paragraph (b), for the words from “the Channel 3 programmes” to “the M25 area” substitute “those programmes”;

(d) in paragraph (c), for “a suitable proportion” substitute “a suitable amount”.

(3) In subsection (3)—

(a) in the words before paragraph (a), after “securing” insert “in each year”;

(b) for paragraph (a) substitute—

“(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;”;

(c) in paragraph (b), for the words from “the programmes” to “the M25 area” substitute “those programmes”;

(d) in paragraph (c), for “a suitable proportion” substitute “a suitable amount”;

(e) in that paragraph, after “that Channel” insert “, or for viewing by means of any other qualifying audiovisual service provided by the provider of that Channel,”.

(4) In subsection (6)—

(a) for “A proportion” substitute “An amount of expenditure”;

(b) for “a significant proportion of the programmes or expenditure” substitute “a significant amount of the expenditure”.

(5) In subsection (7), in the definition of “Channel 3 programmes” after “on Channel 3” insert “, or for viewing by means of any other qualifying audiovisual service provided by a provider of a Channel 3 service,”.

(6) After subsection (7) insert—

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

(7) Section 288 of the Communications Act 2003 (regional programme-making for Channel 4) is amended in accordance with subsections (8) to (10).

(8) In subsection (1)—

(a) in the words before paragraph (a), after “securing” insert “in each year”;

(b) for paragraph (a) substitute—

“(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;”;

(c) in paragraph (b), for the words from “the programmes” to “the M25 area” substitute “those programmes”;

(d) in paragraph (c), for “a suitable proportion” substitute “a suitable amount”;

(e) in that paragraph, after “Channel 4” insert “, or for viewing by means of any other qualifying audiovisual service provided by the provider of Channel 4,”.

(9) In subsection (4)—

(a) for “A proportion” substitute “An amount of expenditure”;

(b) for “a significant proportion of the programmes or expenditure” substitute “a significant amount of the expenditure”.

(10) After subsection (5) insert—

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

15 Networking arrangements for Channel 3

(1) Section 290 of the Communications Act 2003 (proposals for arrangements) is amended in accordance with subsections (2) to (4).

(2) In subsection (4)—

(a) in paragraph (b), for “available for broadcasting in all regional Channel 3 services” substitute “, in relation to each holder of such a licence, available for inclusion in one or more qualifying audiovisual services provided by that holder or a person associated with that holder”;

(b) in paragraph (c), for the words from “regional Channel 3 services” to the end of the paragraph substitute “holders of such licences and persons associated with any of those holders to provide qualifying audiovisual services that (taken as a whole) are able to compete effectively with other television programme services and on-demand programme services provided in the United Kingdom.”

(3) After subsection (4) insert—

“(5) Section 362AZ12(6) (meaning of references to a person associated with a public service broadcaster) applies for the purposes of subsection (4)(b) and (c) as it applies for the purposes of Part 3A.”

(4) After subsection (5) (inserted by subsection (3)) insert—

“(6) See also section 278B (which makes further provision for the interpretation of this section).”

(5) In section 293 of that Act (review of approved networking arrangements etc), in subsection (3), for “one year” substitute “five years”.

16 Removal of quotas for schools programmes on Channel 4

Omit section 296 of the Communications Act 2003 (provision of schools programmes on Channel 4).

17 Quotas: the BBC and S4C

Schedule 1 contains amendments relating to—

(a) quotas for independent productions in relation to the BBC and S4C, and

(b) quotas for original productions in relation to S4C.