- Latest available (Revised)
- Point in Time (16/04/2010)
- Original (As enacted)
Version Superseded: 31/12/2020
Point in time view as at 16/04/2010.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Communications Act 2003. Any changes that have already been made by the team appear in the content and are referenced with annotations.
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.
(1)Where—
(a)a foreign service to which this section applies comes to OFCOM’s attention, and
(b)they consider that the service is unacceptable and should be the subject of an order under this section,
they must send a notification to the Secretary of State giving details of the service and their reasons for considering that an order should be made.
(2)A service is not to be considered unacceptable by OFCOM unless they are satisfied that—
(a)programmes containing objectionable matter are included in the service; and
(b)that the inclusion of objectionable matter in programmes so included is occurring repeatedly.
(3)Matter is objectionable for the purposes of subsection (2) only if—
(a)it offends against taste or decency;
(b)it is likely to encourage or to incite the commission of crime;
(c)it is likely to lead to disorder; or
(d)it is likely to be offensive to public feeling.
(4)Where the Secretary of State has received a notification under this section in the case of a service, he may make an order—
(a)identifying the service in such manner as he thinks fit; and
(b)proscribing it.
(5)The Secretary of State is not to make an order proscribing a service unless he is satisfied that the making of the order is—
(a)in the public interest; and
(b)compatible with the international obligations of the United Kingdom.
(6)The television and sound services to which this section applies are—
(a)television licensable content services provided otherwise than by broadcasting from a satellite;
(b)digital television programme services;
(c)digital additional television services;
(d)radio licensable sound services provided otherwise than by being broadcast from a satellite;
(e)digital sound programme services; and
(f)digital additional sound services.
(7)A service to which this section applies is a foreign service if it—
(a)is a service capable of being received in the United Kingdom for the provision of which no Broadcasting Act licence is either in force or required to be in force; but
(b)is also a service for the provision of which such a licence would be required—
(i)in the case of a service falling within subsection (6)(a) to (c), if the person providing it were under the jurisdiction of the United Kingdom for the purposes of the [F1Audiovisual Media Services Directive] ; and
(ii)in any other case, if the person providing it provided it from a place in the United Kingdom or were a person whose principal place of business is in the United Kingdom.
Textual Amendments
F1Words in s. 329(7)(b)(i) substituted (19.12.2009) by Audiovisual Media Services Regulations 2009 (S.I. 2009/2979), regs. 1(1), 8(b)
Commencement Information
I1S. 329 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
(1)This section applies where a service is for the time being proscribed by an order under section 329.
(2)The proscribed service is not to be included in—
(a)a multiplex service; or
(b)a cable package.
(3)In this section “multiplex service” means a television multiplex service, a radio multiplex service or a general multiplex service.
(4)In this section “cable package” means (subject to subsection (5)) a service by means of which programme services are packaged together with a view to their being distributed—
(a)by means of an electronic communications service;
(b)so as to be available for reception by members of the public in the United Kingdom; and
(c)without the final delivery of the programme services to the persons to whom they are distributed being by wireless telegraphy.
(5)Programme services distributed by means of an electronic communications service do not form part of a cable package if—
(a)the distribution of those services forms only part of a service provided by means of that electronic communications service; and
(b)the purposes for which the service of which it forms a part is provided do not consist wholly or mainly in making available television programmes or radio programmes (or both) for reception by members of the public.
Commencement Information
I2S. 330 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
(1)Where OFCOM determine that there are reasonable grounds for believing that there has been a contravention of section 330 in relation to a multiplex service or a cable package, they may give a notification under this section to—
(a)the provider of that multiplex service; or
(b)the person providing the cable package.
(2)A notification under this section is one which—
(a)sets out the determination made by OFCOM; and
(b)requires the person to whom it is given to secure that the proscribed service (so long as it remains proscribed) is not—
(i)included in the notified person’s multiplex service, or
(ii)distributed as part of his cable package,
at any time more than seven days after the day of the giving of the notification.
(3)If it is reasonably practicable for a person to whom a notification is given under this section to secure that the proscribed service ceases to be included in that person’s multiplex service, or to be distributed as part of his cable package, before the end of that seven days, then he must do so.
(4)It shall be the duty of a person to whom a notification is given under this section to comply with the requirements imposed by the notification and by subsection (3).
(5)That duty shall be enforceable in civil proceedings by OFCOM—
(a)for an injunction;
(b)for specific performance of a statutory duty under section 45 of the Court of Session Act 1988 (c. 36); or
(c)for any other appropriate remedy or relief.
(6)In this section “cable package” and “multiplex service” each has the same meaning as in section 330.
Commencement Information
I3S. 331 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
(1)OFCOM may impose a penalty on a person who contravenes a requirement imposed on him by or under section 331.
(2)Before imposing a penalty on a person under this section OFCOM must give him a reasonable opportunity of making representations to them about their proposal to impose the penalty.
(3)The amount of the penalty imposed on a person is to be such amount not exceeding £5,000 as OFCOM determine to be—
(a)appropriate; and
(b)proportionate to the contravention in respect of which it is imposed.
(4)In making that determination OFCOM must have regard to—
(a)any representations made to them by the person notified under section 331; and
(b)any steps taken by him for complying with the requirements imposed on him under that section.
(5)Where OFCOM impose a penalty on a person under this section, they shall—
(a)notify the person penalised; and
(b)in that notification, fix a reasonable period after it is given as the period within which the penalty is to be paid.
(6)A penalty imposed under this section must be paid to OFCOM within the period fixed by them.
(7)The Secretary of State may by order amend this section so as to substitute a different maximum penalty for the maximum penalty for the time being specified in subsection (3).
(8)No order is to be made containing provision authorised by subsection (7) unless a draft of the order has been laid before Parliament and approved by a resolution of each House.
(9)For the purposes of this section there is a separate contravention in respect of every day on which the proscribed service is at any time included in a person’s multiplex service or distributed as part of his cable package.
(10)In this section “multiplex service” and “cable package” each has the same meaning as in section 330.
Commencement Information
I4S. 332 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act without Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: