C3C1Part 3Television and Radio Services F2ETC

Annotations:
Amendments (Textual)
F2

Word in Pt. 3 inserted (8.6.2010) by Digital Economy Act 2010 (c. 24), ss. 22(4), 47(1)

Modifications etc. (not altering text)

F1F3Chapter 2Regulatory Structure for Independent Television Services

Annotations:
Amendments (Textual)
F1

Ss. 214-244 amendment to earlier affecting provision SI 2003/3197 art. 6 Sch. 2 (31.3.2005) by Communications (Jersey) (Amendment) Order 2005 (S.I. 2005/855), arts. 1(1), 2(a)(i)

F3

Ss. 214-244 amendment to earlier affecting provision SI 2003/3195 art. 6 Sch. 2 (31.3.2005) by Communications (Bailiwick of Guernsey) (Amendment) Order 2005 (S.I. 2005/856), arts. 1(1), 2(a)(i)

Television licensable content services

I1236Direction to licensee to take remedial action

1

This section applies if OFCOM are satisfied—

a

that the holder of a licence to provide a television licensable content service has contravened a condition of the licence; and

b

that the contravention can be appropriately remedied by the inclusion in the licensed service of a correction or a statement of findings (or both).

C22

OFCOM may direct the licence holder to include a correction or a statement of findings (or both) in the licensed service.

3

A direction may require the correction or statement of findings to be in such form, and to be included in programmes at such time or times, as OFCOM may determine.

4

OFCOM are not to give a person a direction under this section unless they have given him a reasonable opportunity of making representations to them about the matters appearing to them to provide grounds for the giving of the direction.

5

Where the holder of a licence includes a correction or a statement of findings in the licensed service in pursuance of a direction under this section, he may announce that he is doing so in pursuance of such a direction.

6

If OFCOM are satisfied that the inclusion of a programme in a television licensable content service involved a contravention of a condition of the licence to provide that service, they may direct the holder of the licence not to include that programme in that service on any future occasion.

7

Where OFCOM—

a

give a direction to a BBC company under subsection (2), or

b

receive representations from a BBC company by virtue of subsection (4),

they must send a copy of the direction or representations to the Secretary of State.

8

For the purposes of this section a statement of findings, in relation to a case in which OFCOM are satisfied that the holder of a licence has contravened the conditions of his licence, is a statement of OFCOM’s findings in relation to that contravention.