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Broadcasting Act 1990
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Broadcasting Act 1990, Section 164 is up to date with all changes known to be in force on or before 21 November 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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- s. 61A(4A) inserted by 2024 c. 15 Sch. 4 para. 6(4)
- s. 193(2)(aa) inserted by S.I. 2019/93, Sch. 1 para. 3A(2)(b) (as inserted) by S.I. 2019/1245 reg. 20 (This amendment not applied to legislation.gov.uk. The affecting statutory instrument has no legal effect. It was made under a procedure which meant that it ceased to have effect 28 days after signing unless it was debated and approved in Parliament within that time. It was not debated and approved within 28 days, so it has expired with no effect.)
164 Inclusion in programme services in Great Britain of racially inflammatory material.E+W+S
(1)Part III of the M1Public Order Act 1986 (racial hatred) shall be amended as follows.
(2)In each of the following provisions, namely—
(a)section 18(6) (exemption from prohibition applying to use of threatening words etc.),
(b)section 20(3)(c) (exemption from prohibition applying to public performances of plays), and
(c)section 21(4) (exemption from prohibition applying to distribution etc. of recordings),
for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”.
(3)In section 22 (broadcasting or including programme in cable programme service)—
(a)in subsections (1), (3)(b), (4)(a) and (5)(a), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ included in a programme service ”; and
(b)the following provisions shall be omitted, namely—
(i)in subsection (2), the words “broadcasting or cable”,
(ii)in subsections (4)(b) and (5)(b), the words “broadcast or”, wherever occurring,
(iii)subsection (7) (exemption for programmes broadcast by BBC or Independent Broadcasting Authority), and
(iv)subsection (8) (application of certain provisions of the M2Cable and Broadcasting Act 1984).
(4)In section 23 (possession of racially inflammatory material)—
(a)in subsection (1), for “broadcast or included in a cable programme service”, wherever occurring, there shall be substituted “ or included in a programme service ”;
(b)in subsection (2), for “broadcasting or inclusion in a cable programme service” there shall be substituted “ or inclusion in a programme service ”; and
(c)subsection (4) (exemption for material kept by BBC or Independent Broadcasting Authority) shall be omitted.
(5)In section 29 (interpretation)—
(a)the definitions of “broadcast” and “cable programme service” shall be omitted;
(b)in the definition of “programme”, for “broadcast or included in a cable programme service” there shall be substituted “ included in a programme service ”; and
(c)the following definition shall be inserted after that definition—
““programme service” has the same meaning as in the Broadcasting Act 1990;”.
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