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Version Superseded: 29/12/2003
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(1)Where the BSC have—
(a)considered and adjudicated upon a fairness complaint, or
(b)considered and made their findings on a standards complaint,
they may give directions of the kind specified in subsection (2).
(2)Those directions are—
(a)where the relevant programme was broadcast by a broadcasting body, directions requiring that body to publish the matters mentioned in subsection (3) in such manner, and within such period, as may be specified in the directions, and
(b)where the relevant programme was included in a licensed service, directions requiring the appropriate regulatory body to direct the licence holder to publish those matters in such manner, and within such period, as may be so specified.
(3)Those matters are—
(a)a summary of the complaint;
(b)the BSC’s findings on the complaint or a summary of them;
(c)in the case of a standards complaint, any observations by the BSC on the complaint or a summary of any such observations.
(4)References in subsection (2) to the publication of any matter are references to the publication of that matter without its being accompanied by any observations made by a person other than the BSC and relating to the complaint.
(5)The form and content of any such summary as is mentioned in subsection (3)(a), (b) or (c) shall be such as may be approved by the BSC.
(6)A broadcasting or regulatory body shall comply with any directions given to them under this section.
(7)Any licence to provide a licensed service which is granted by a regulatory body under this Act shall include conditions requiring the licence holder to comply with such directions as may be given to him by that body for the purpose of enabling them to comply with any directions given to them under this section.
(8)The BSC shall publish, monthly or at such other intervals as they think fit and in such manner as they think fit, reports each containing, as regards every fairness complaint or standards complaint which falls within this subsection and has been dealt with by them in the period covered by the report—
(a)a summary of the complaint and the action taken by them on it,
(b)where they have adjudicated on it, a summary of—
(i)their findings,
(ii)any direction given under subsection (1), or other action taken by them, in relation to the complaint, and
(c)where a direction has been given under subsection (1) in relation to the complaint, a summary of any action taken by a broadcasting body, a regulatory body or the holder of a licence to provide a licensed service in pursuance of the direction.
(9)A fairness complaint or standards complaint made to the BSC falls within subsection (8) unless it is one which under section 111(1), (4) or (5), 113(1) or 114(2) they have refused to entertain.
(10)The BSC may, if they think fit, omit from any summary which is included in a report under subsection (8) and relates to a fairness complaint any information which could lead to the disclosure of the identity of any person connected with the complaint in question other than—
(a)a broadcasting or regulatory body, or
(b)a person providing a licensed service.
(11)The references in subsections (3)(b) and (8)(b) to the BSC’s findings on a complaint shall be construed, in relation to a fairness complaint which has been considered by them in two or more parts, as references to their findings on each part of the complaint.
(12)In this section “licensed service”, in relation to a programme to which a standards complaint relates, has the extended meaning given by section 116(6).
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