Broadcasting Act 1990

93 Control of advertisements

(1) It shall be the duty of the Authority—

(a) after the appropriate consultation, to draw up, and from time to time review, a code—

(i) governing standards and practice in advertising and in the sponsoring of programmes, and

(ii) prescribing the advertisements and methods of advertising or sponsorship to be prohibited, or to be prohibited in particular circumstances; and

(b) to do all that they can to secure that the provisions of the code are observed in the provision of licensed services;

and the Authority may make different provision in the code for different kinds of licensed services.

(2) In subsection (1) “the appropriate consultation” means consultation with—

(a) the Independent Television Commission,

(b) such bodies or persons appearing to the Authority to represent each of the following, namely—

(i) listeners,

(ii) advertisers, and

(iii) professional organisations qualified to give advice in relation to the advertising of particular products,

as the Authority think fit, and

(c) such other bodies or persons who are concerned with standards of conduct in advertising as the Authority think fit,

and (to the extent that the Authority consider such consultation to be reasonably practicable) consultation with every person who is the holder of a licence under this Part.

(3) The Authority shall publish the code drawn up under this section, and every revision of it, in such manner as they consider appropriate.

(4) The Authority shall—

(a) from time to time consult the Secretary of State as to the classes and descriptions of advertisements which must not be included in licensed services and the methods of advertising or sponsorship which must not be employed in, or in connection with, the provision of such services; and

(b) carry out any directions which he may give to them in respect of such matters.

(5) The Authority may, in the discharge of a general responsibility with respect to advertisements and methods of advertising and sponsorship, impose requirements as to advertisements or methods of advertising or sponsorship which go beyond the requirements imposed by the code.

(6) The methods of control exercisable by the Authority for the purpose of securing that the provisions of the code are complied with, and for the purpose of securing compliance with requirements imposed under subsection (5) which go beyond the requirements of the code, shall include a power to give directions to the holder of a licence—

(a) with respect to the classes and descriptions of advertisements and methods of advertising or sponsorship to be excluded, or to be excluded in particular circumstances; or

(b) with respect to the exclusion of a particular advertisement, or its exclusion in particular circumstances.

(7) Directions under this section may be, to any degree, either general or specific and qualified or unqualified.

(8) The Authority shall, in drawing up or revising the code, take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this subsection.