Broadcasting Act 1990

177 Orders proscribing unacceptable foreign satellite services. U.K.

(1) Subject to the following provisions of this section, the Secretary of State may make an order proscribing a foreign satellite service for the purposes of section 178.

(2) If the Independent Television Commission or the Radio Authority consider that the quality of any relevant foreign satellite service which is brought to their attention is unacceptable and that the service should be the subject of an order under this section, they shall notify to the Secretary of State details of the service and their reasons why they consider such an order should be made.

(3) The Independent Television Commission or (as the case may be) the Radio Authority shall not consider a foreign satellite service to be unacceptable for the purposes of subsection (2) unless they are satisfied that there is repeatedly contained in programmes included in the service matter which offends against good taste or decency or is likely to encourage or incite to crime or to lead to disorder or to be offensive to public feeling.

(4) Where the Secretary of State has been notified under subsection (2), he shall not make an order under this section unless he is satisfied that the making of the order—

(a) is in the public interest; and

(b) is compatible with any international obligations of the United Kingdom.

(5) An order under this section—

(a) may make such provision for the purpose of identifying a particular foreign satellite service as the Secretary of State thinks fit; and

(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

[F1 (6) In this section and section 178—

• [F2 “foreign satellite service” means—

  (a)

  a service which is provided by a person who is not for the purposes of Council Directive 89/552/EEC under the jurisdiction of the United Kingdom and which consists wholly or mainly in the transmission by satellite of television programmes which are capable of being received in the United Kingdom, or

  (b)

  a service which consists wholly or mainly in the transmission by satellite from a place outside the United Kingdom of sound programmes which are capable of being received in the United Kingdom;]

• “relevant foreign satellite service” means—

  (a)

  in relation to the Independent Television Commission, a foreign satellite service falling within paragraph (a) of the definition above, and

  (b)

  in relation to the Radio Authority, a foreign satellite service falling within paragraph (b) of that definition.]

Textual Amendments

F1 S. 177(6) substituted (11.7.1997) by S.I. 1997/1682, reg. 2, Sch. para. 13

F2 S. 177(6): definition of “foreign satellite service” substituted (30.12.1998) by S.I. 1998/3196, reg. 2, Sch. para. 5