Broadcasting Act 1996

Changes over time for: Section 102

Alternative versions:

Status:

Point in time view as at 23/08/2024.

Changes to legislation:

Broadcasting Act 1996, Section 102 is up to date with all changes known to be in force on or before 16 January 2025. 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.

Changes to Legislation

Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.

102 Power of [F1OFCOM] to impose penalty.U.K.

[F2(A1)If OFCOM—

(a)are satisfied that a person other than the BBC or S4C who is the provider of a relevant service has failed to comply with section 101 (1), and

(b)are not satisfied that in all the circumstances it would be unreasonable to have expected the person to have complied with that provision,

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.

(B1)If OFCOM are satisfied that, in connection with an application for consent for the purposes of section 101 (5), a person other than the BBC or S4C who is the provider of a relevant service has—

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

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

they may require the person to pay, within a specified period, a specified financial penalty to OFCOM.]

(1)If [F1OFCOM]—

(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 [F3subsection (1) of section 101 [F4or ] [F5subsection (1) or (1A) 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 [F1OFCOM].

(2)If [F1OFCOM] are satisfied that, in connection with an application for consent [F6under subsection (1) of section 101 [F7or] [F6for the purposes of] [F8subsection (1) or (1A) 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 [F1OFCOM] to be misled,

they may require him to pay, within a specified period, a specified financial penalty to [F1OFCOM].

[F9(2A)Before requiring any person to pay a financial penalty under subsection (1) on the ground that he has failed to comply with [F10subsection (1) or (1A) of section 101B], [F1OFCOM] shall consult such persons (who may include competent authorities in [F11EEA States or qualifying CTT States)] as appear to [F1OFCOM] to be appropriate.]

(3)The amount of any financial penalty imposed on any person under subsection [F12(A1), (B1),] (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 [F13—

(i)in relation to a financial penalty imposed under subsection (A1) or (B1), an amount determined by OFCOM to be the value of the rights to include coverage of the event in question in the relevant service at the time when the rights are acquired, and

(ii)in relation to a financial penalty imposed under subsection (1) or (2),]

an amount determined by [F1OFCOM] 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 [F1OFCOM] receive any amount payable to them by virtue of subsection [F14(A1), (B1),] (1) or (2), that amount shall not form part of the revenues of [F1OFCOM] but shall be paid into the Consolidated Fund.

(7)Any amount payable by any person to [F1OFCOM] by virtue of subsection [F15(A1), (B1),] (1) or (2) shall be recoverable by them as a debt due to them from that person.

Textual Amendments

F1Words 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)

F2S. 102(A1)(B1) inserted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 16(2) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F3Words in s. 102(1)(a) omitted (23.8.2024 for specified purposes) by virtue of Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 16(3) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F4Words in s. 102(1)(a) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(2)

F5Words in s. 102(1) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(2) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F6Words in s. 102(2) substituted (23.8.2024 for specified purposes) by Media Act 2024 (c. 15), s. 55(3)(a), Sch. 2 para. 16(4) (with s. 25(1)); S.I. 2024/858, reg. 3, Sch.

F7Words in S. 102(2) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(3)

F8Words in s. 102(2) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(2) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F9S. 102(2A) inserted (19.1.2000) by S.I. 2000/54, reg. 3, Sch. para. 5(4)

F10Words in s. 102(2A) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(3)(a) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)

F11Words in s. 102(2A) substituted (31.12.2020) by The Broadcasting (Amendment) (EU Exit) Regulations 2019 (S.I. 2019/224), reg. 1(2), Sch. 1 para. 13(3)(b) (with reg. 6) (as amended by S.I. 2020/1536, reg. 5(2)(3)); 2020 c. 1, Sch. 5 para. 1(1)