Broadcasting Act 1996

Part IV U.K. Sporting and other events of national interest

Modifications etc. (not altering text)

C1 Pt. 4: functions transferred (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 1 para. 13 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C2 Pt. 4 modified (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 51(1)(2)(6) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

97 Listed events. U.K.

(1) For the purposes of this Part, a listed event is a sporting or other event of national interest which is for the time being included in a list drawn up by the Secretary of State for the purposes of this Part.

(2) The Secretary of State shall not at any time draw up, revise or cease to maintain such a list as is mentioned in subsection (1) unless he has first consulted—

(a) the BBC,

(b) the Welsh Authority,

(c) the Commission, and

(d) in relation to a relevant event, the person from whom the rights to televise that event may be acquired;

and for the purposes of this subsection a relevant event is a sporting or other event of national interest which the Secretary of State proposes to include in, or omit from, the list.

(3) As soon as he has drawn up or revised such a list as is mentioned in subsection (1), the Secretary of State shall publish the list in such manner as he considers appropriate for bringing it to the attention of—

(a) the persons mentioned in subsection (2), and

(b) every person who is the holder of a licence granted F1 ... under Part I of the 1990 Act or a digital programme licence granted F1 ... under Part I of this Act.

(4) In this section “national interest” includes interest within England, Scotland, Wales or Northern Ireland.

(5) The addition of any relevant event to such a list as is mentioned in subsection (1) shall not affect—

(a) the validity of any contract entered into before the date on which the Secretary of State consulted the persons mentioned in subsection (2) in relation to the proposed addition, or

(b) the exercise of any rights acquired under such a contract.

(6) The list drawn up by the Secretary of State for the purposes of section 182 of the 1990 Act, as that list is in force immediately before the commencement of this section, shall be taken to have been drawn up for the purposes of this Part.

Textual Amendments

F1 Words in s. 97(3)(b) repealed (29.12.2003) by Communications Act 2003 (c. 21), ss. 299(2), 411(2), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

Modifications etc. (not altering text)

C3 S. 97(2) excluded (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 18 para. 51(5) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

C4 S. 97(2)(c) modified (temp.) (8.12.2003) by The Office of Communications Act 2002 (Commencement No. 3) and Communications Act 2003 (Commencement No. 2) Order 2003 (S.I. 2003/3142), art. 10(2) (with art. 11)

[F2 98 Categories of service. U.K.

(1) For the purposes of this Part, television programme services and EEA satellite services shall be divided into two categories as follows—

(a) those television programme services and EEA satellite services which for the time being satisfy the qualifying conditions, and

(b) all other television programme services and EEA satellite services.

(2) In this section “the qualifying conditions”, in relation to a service, means the conditions—

(a) that the service is provided without any consideration being required for reception of the service, and

(b) that the service is received by at least 95 per cent. of the population of the United Kingdom.

(3) There shall be disregarded for the purposes of subsection (2)(a) any fee payable in respect of a [F3 licence for the purposes of section 363 of the Communications Act 2003] .

(4) The condition in subsection (2)(b)

(a) is to be taken to be satisfied in relation to a regional Channel 3 service if it is satisfied in relation to Channel 3 as a whole, and

(b) is to be taken to be satisfied in relation to Channel 4 if it is satisfied in relation to Channel 4 and S4C taken together.

(5) [F4 OFCOM] shall from time to time publish a list of the television programme services and EEA satellite services which appear to them to satisfy the qualifying conditions.

(6) In this section “EEA satellite service” means any service which—

(a) consists in the [F5 broadcasting of television programmes from a satellite so as to be available for reception by members of the public (within the meaning of Part 3 of the Communications Act 2003)] , and

(b) is provided by a person who for the purposes of [F6 the Audiovisual Media Services Directive] is under the jurisdiction of an EEA State other than the United Kingdom.]

Textual Amendments

F2 S. 98 substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 1 (with reg. 4(2))

F3 Words in s. 98(3) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 127(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F4 Words in s. 98(5) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 127(3) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F5 Words in s. 98(6) substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 127(4) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F6 Words in s. 98(6)(b) substituted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(4)

99 Contract for exclusive right to televise listed event to be void. U.K.

(1) Any contract entered into after the commencement of this section under which a television programme provider acquires rights to televise the whole or any part of a listed event live for reception in the United Kingdom, or in any area of the United Kingdom, shall be void so far as it purports, in relation to the whole or any part of the event or in relation to reception in the United Kingdom or any area of the United Kingdom, to grant those rights exclusively to any one television programme provider.

(2) In this Part “television programme provider” means the BBC, the Welsh Authority or any person who is the holder of any licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act.

(3) For the purposes of this section rights to televise the whole or any part of an event live for reception in any area granted to a television programme provider are granted exclusively if the person granting them—

[F7 (a) has not granted any right to televise the whole or, as the case may be, that part of the event live for reception in that area to any other television programme provider nor to any broadcaster who for the purposes of [F8 the Audiovisual Media Services Directive] is under the jurisdiction of an EEA State other than the United Kingdom, and]

(b) is precluded by the terms of the contract from doing so.

Textual Amendments

F7 S. 99(3)(a) substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 2

F8 Words in s. 99(3)(a) substituted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(5)

100 Contract for televising listed event must specify category of service. U.K.

F9 (1) Any contract entered into after the commencement of this section shall be void so far as it purports to grant to a television programme provider rights to televise the whole or any part of a listed event live for reception in the United Kingdom, or any area of the United Kingdom, unless the contract complies with subsection (2).

(2) A contract complies with this subsection if the terms of the contract allow the television programme provider to include the live coverage of the listed event—

(a) only in a television programme service falling within paragraph (a) of subsection (1) of section 98, or

(b) only in a television programme service falling within paragraph (b) of that subsection.

Textual Amendments

F9 S. 100(1) restricted (19.1.2000) by S.I. 2000/54, reg. 4(1)

101 Restriction on televising of listed event. U.K.

(1) A [F10 television programme provider] providing a service falling within either of the categories set out in subsection (1) of section 98 (“the first service”) for reception in the United Kingdom or in any area of the United Kingdom shall not, without the previous consent of [F11 OFCOM] , include in that service live coverage of the whole or any part of a listed event unless—

(a) another person, who is providing a service falling within the other category set out in that subsection (“the second service”), has acquired the right to include in the second service live coverage of the whole of the event or of that part of the event, and

(b) the area for which the second service is provided consists of or includes the whole, or substantially the whole, of the area for which the first service is provided.

(2) [F11 OFCOM] may revoke any consent given by them under subsection (1).

(3) Failure to comply with subsection (1) shall not affect the validity of any contract.

(4) Subsection (1) shall not have effect where the television programme provider providing the first service is exercising rights acquired before the commencement of this section.

Textual Amendments

F10 Words in s. 101(1) substituted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 3 (with reg. 4(2))

F11 Words in s. 101 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F12 101A Designated events in relation to other EEA States. U.K.

For the purposes of this Part, a sporting or other event is a designated event, in relation to an EEA State other than the United Kingdom, if—

(a) that State has designated the event in accordance with [F13 Article 14(1) of the Audiovisual Media Services Directive] as being of major importance to its society, and

(b) the designation forms part of measures—

(i) which have been notified by that State to the European Commission for the purposes of [F14 Article 14(2)] of that Directive, and

(ii) notice of which has been published by the European Commission in the Official Journal of the Communities.]

Textual Amendments

F12 Ss. 101A-101B inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 4

F13 Words in s. 101A substituted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(6)(a)

F14 Words in s. 101A substituted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(6)(b)

F15 101B Restriction on televising of an event designated by other EEA State. U.K.

(1) A television programme provider shall not, without the previous consent of [F16 OFCOM] , exercise rights to televise the whole or part of an event which is a designated event, in relation to an EEA State other than the United Kingdom, for reception in that EEA State or any area of that EEA State, where a substantial proportion of the public in that EEA State is deprived of the possibility of following that event by live or deferred coverage on free television as determined by that State in accordance with [F17 Article 14(1) of the Audiovisual Media Services Directive] .

(2) [F16 OFCOM] may revoke any consent given by them under subsection (1).

(3) Failure to comply with subsection (1) shall not affect the validity of any contract.

F18 (4) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F15 Ss. 101A-101B inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 4

F16 Words in s. 101B substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F17 Words in s. 101B substituted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(7)

F18 S. 101B(4) omitted (31.5.2014) by virtue of The Television Broadcasting Regulations 2014 (S.I. 2014/1184), regs. 1, 2

102 Power of [F19 OFCOM] to impose penalty. U.K.

(1) If [F19 OFCOM] —

(a) are satisfied that the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has failed to comply with subsection (1) of section 101 [F20 or subsection (1) of section 101B], and

(b) are not satisfied that in all the circumstances it would be unreasonable to expect him to have complied with that subsection,

they may require him to pay, within a specified period, a specified financial penalty to [F19 OFCOM] .

(2) If [F19 OFCOM] are satisfied that, in connection with an application for consent under subsection (1) of section 101 [F21 or subsection (1) of section 101B], the holder of a licence under Part I of the 1990 Act or a digital programme licence under Part I of this Act has—

(a) provided them with information which was false in a material particular, or

(b) withheld any material information with the intention of causing [F19 OFCOM] to be misled,

they may require him to pay, within a specified period, a specified financial penalty to [F19 OFCOM] .

[F22 (2A) Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with subsection (1) of section 101B, [F19 OFCOM] shall consult such persons (who may include competent authorities in other EEA States) as appear to [F19 OFCOM] to be appropriate.]

(3) The amount of any financial penalty imposed on any person under subsection (1) or (2) shall not exceed the amount produced by multiplying the relevant consideration by the prescribed multiplier.

(4) In subsection (3)—

(a) “the relevant consideration” means an amount determined by [F19 OFCOM] as representing so much of any consideration paid by the person on whom the penalty is being imposed as is attributable to the acquisition of the rights to televise the event in question, and

(b) “the prescribed multiplier” means such number as the Secretary of State may from time to time by order prescribe.

(5) An order under subsection (4)(b) shall be subject to annulment in pursuance of a resolution of either House of Parliament.

(6) Where [F19 OFCOM] receive any amount payable to them by virtue of subsection (1) or (2), that amount shall not form part of the revenues of [F19 OFCOM] but shall be paid into the Consolidated Fund.

(7) Any amount payable by any person to [F19 OFCOM] by virtue of subsection (1) or (2) shall be recoverable by them as a debt due to them from that person.

Textual Amendments

F19 Words in s. 102 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F20 Words in s. 102(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(2)

F21 Words in S. 102(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(3)

F22 S. 102(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(4)

103 Report to Secretary of State. U.K.

(1) If [F23 OFCOM] —

(a) are satisfied that a broadcasting body has failed to comply with subsection (1) of section 101 [F24 or subsection (1) of section 101B], and

(b) are not satisfied that in all the circumstances it would be unreasonable to expect the body to have complied with that subsection,

they shall make a report on the matter to the Secretary of State.

(2) If [F23 OFCOM] are satisfied that, in connection with an application for consent under subsection (1) of section 101 [F25 or subsection (1) of section 101B], a broadcasting body has—

(a) provided them with information which was false in a material particular, or

(b) withheld any material information with the intention of causing [F23 OFCOM] to be misled,

they shall make a report on the matter to the Secretary of State.

[F26 (2A) Before reporting to the Secretary of State that a broadcasting body has failed to comply with subsection (1) of section 101B, [F23 OFCOM] shall consult such persons (who may include competent authorities in other EEA States) as appear to [F23 OFCOM] to be appropriate.]

(3) In this section “broadcasting body” means the BBC or the Welsh Authority.

Textual Amendments

F23 Words in s. 103 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 128 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F24 Words in s. 103(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(2)

F25 Words in s. 103(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(3)

F26 S. 103(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 6(4)

104 Code of guidance. U.K.

[F27 (1) OFCOM shall draw up, and may from time to time revise, a code giving guidance—

(a) as to the matters which they will take into account in determining whether to give or to revoke their consent for the purposes of section 101(1B) or section 101B(1); and

(b) as to the matters which they will take into account in determining for the purposes of section 102(1) or 103(1), whether in all the circumstances it is unreasonable to expect a television programme provider to comply with section 101(1) or section 101B(1).]

(2) In exercising their powers under this Part, [F28 OFCOM] shall have regard to the provisions of the code.

(3) Before drawing up or revising the code [F28 OFCOM] shall consult such persons as appear to [F28 OFCOM] to be appropriate.

(4) As soon as [F28 OFCOM] have drawn up or revised such a code, [F28 OFCOM] shall publish the code in such manner as they consider appropriate for bringing it to the attention of—

(a) the BBC,

(b) the Welsh Authority,

(c) every person from whom the rights to televise a listed event may be acquired, and

(d) every person who is the holder of a licence granted F29 ... under Part I of the 1990 Act or a digital programme licence granted F29 ... under Part I of this Act.

Textual Amendments

F27 S. 104(1) substituted (29.12.2003) by Communications Act 2003 (c. 21), ss. 301(1), 411(2) (with Sch. 18 para. 51(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F28 Words in s. 104 substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 129(2) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F29 Words in s. 104(4)(d) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 129(3), Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F30 104ZA Regulations about coverage of listed events U.K.

(1) OFCOM may make regulations for determining for the purposes of this Part—

(a) the circumstances in which the televising of listed events generally, or of a particular listed event, is or is not to be treated as live;

(b) what (whether generally or in relation to particular circumstances) is to be taken to represent the provision of adequate alternative coverage; and

(c) the requirements that must be satisfied for the purposes of section 101(1C)(d) by persons who have acquired rights to provide adequate alternative coverage.

(2) The power conferred by subsection (1)(a) does not include power to define “live” for the purposes of section 101B.

(3) Section 403 of the Communications Act 2003 (procedure for regulations and orders made by OFCOM) applies to the power of OFCOM to make regulations under this section.]

Textual Amendments

F30 S. 104ZA inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 302(1), 411(2) (with Sch. 18 para. 51(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

[F31 104A Provision of information. U.K.

(1) A television programme provider shall, at the request of [F32 OFCOM] , provide them with such information as [F32 OFCOM] consider appropriate regarding any contract which he has entered into which relates to an event which, in relation to an EEA State other than the United Kingdom, is a designated event.

(2) If so requested by a competent authority in an EEA State other than the United Kingdom, [F32 OFCOM] shall provide the authority with such information relating to rights to televise listed events or designated events as [F32 OFCOM] consider it appropriate to provide.]

Textual Amendments

F31 S. 104A inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 8

F32 Words in s. 104A substituted (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 130 (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

105 Interpretation of Part IV and supplementary provisions. U.K.

(1) In this Part (unless the context otherwise requires)—

[F33 “ adequate alternative coverage” and “live” ” are to be construed in accordance with any regulations under section 104ZA;]

[F34 “the Audiovisual Media Services Directive” means Directive 2010/13/EU of the European Parliament and of the Council on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the provision of audiovisual media services;]

“Channel 4” has the same meaning as in Part I of the 1990 Act;

F35 ...

[F36 “designated event”, in relation to an EEA State other than the United Kingdom, has the meaning given by section 101A;]

[F37 “EEA State” has the meaning given by Schedule 1 to the Interpretation Act 1978;]

“listed event” has the meaning given by section 97(1);

F35 ...

“national Channel 3 service” and “regional Channel 3 service” have the same meaning as in Part I of the 1990 Act;

[F38 “S4C” has the same meaning as in Part I of the 1990 Act;]

“television broadcasting service” has the same meaning as in Part I of the 1990 Act;

“television programme provider” has the meaning given by section 99(2);

“television programme service” has the same meaning as in Part I of the 1990 Act.

(2) Section 182 of the 1990 Act (certain events not to be shown on pay-per-view terms) shall cease to have effect.

Textual Amendments

F33 Words in s. 105(1) inserted (29.12.2003) by Communications Act 2003 (c. 21), ss. 302(2), 411(2) (with Sch. 18 para. 51(3)); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F34 Words in s. 105(1) inserted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(8)(a)

F35 Words in s. 105(1) repealed (29.12.2003) by Communications Act 2003 (c. 21), s. 411(2), Sch. 15 para. 131, Sch. 19(1) (with Sch. 18); S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)

F36 S. 105(1) definition of “designated event” inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 9(a)

F37 Words in s. 105(1) inserted (1.10.2013) by The Broadcasting and Communications (Amendment) Regulations 2013 (S.I. 2013/2217), regs. 1, 4(8)(b)

F38 S. 105(1) definition of “S4C” inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 9(c)