(1)The Content Board shall have such functions as OFCOM, in exercise of their powers under the Schedule to the Office of Communications Act 2002 (c. 11), may confer on the Board.
(2)[F1Subject to subsection (3A),] the functions conferred on the Board must include, to such extent and subject to such restrictions and approvals as OFCOM may determine, the carrying out on OFCOM’s behalf of—
(a)functions in relation to matters that concern the contents of anything which is or may be broadcast or otherwise transmitted by means of electronic communications networks; and
(b)functions in relation to the promotion of public understanding or awareness of matters relating to the publication of matter by means of the electronic media.
(3)In determining what functions to confer on the Content Board, OFCOM must have particular regard to the desirability of securing that the Board have at least a significant influence on decisions which—
(a)relate to the matters mentioned in subsection (2); and
(b)involve the consideration of different interests and other factors as respects different parts of the United Kingdom.
[F2(3A)OFCOM may, but need not, confer on the Content Board functions in relation to matters that concern the nature or kind of online content in relation to which OFCOM have functions under the Online Safety Act 2023 (see Parts 3 and 5 of that Act).]
(4)It shall be the duty of the Content Board to ensure, in relation to—
(a)the carrying out of OFCOM’s functions under Part 3 of this Act, Parts 1 and 3 of the 1990 Act and Parts 1 and 2 of the 1996 Act,
(b)the matters with respect to which functions are conferred on the Board, and
(c)such other matters mentioned in subsection (2) as OFCOM may determine,
that OFCOM are aware of the different interests and other factors which, in the Board’s opinion, need to be taken into account as respects the different parts of the United Kingdom in relation to the carrying out of OFCOM’s functions.
(5)The power of OFCOM to determine the Content Board’s functions includes power to authorise the Board to establish committees and panels to advise the Board on the carrying out of some or all of the Board’s functions.
(6)The power of OFCOM to authorise the establishment of a committee or panel by the Content Board includes power to authorise the establishment of a committee or panel that includes persons who are not members of the Board.
(7)In this section references to the publication of anything by means of the electronic media are references to its being—
(a)broadcast so as to be available for reception by members of the public or of a section of the public; or
(b)distributed by means of an electronic communications network to members of the public or of a section of the public.
[F3(8)In this section references to “matters mentioned in subsection (2)” do not include references to the matters mentioned in subsection (3A).]
Textual Amendments
F1Words in s. 13(2) inserted (10.1.2024) by Online Safety Act 2023 (c. 50), ss. 153(2), 240(1); S.I. 2023/1420, reg. 2(z18)
F2S. 13(3A) inserted (10.1.2024) by Online Safety Act 2023 (c. 50), ss. 153(3), 240(1); S.I. 2023/1420, reg. 2(z18)
F3S. 13(8) inserted (10.1.2024) by Online Safety Act 2023 (c. 50), ss. 153(4), 240(1); S.I. 2023/1420, reg. 2(z18)
Commencement Information
I1S. 13 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)