Section 264: OFCOM reports on the fulfilment of the public service remit, Communications Act 2003

It shall be the duty of OFCOM—

as soon as practicable after the end of the period of twelve months beginning with the commencement of this section, and

as soon as practicable after the end of each such subsequent period as may be selected by OFCOM for the purposes of this section,

to satisfy, for that period, the review and reporting obligations of subsection (3).

The period selected by OFCOM for the purposes of subsection (1)(b) must be a period of not more than five years beginning with the end of the previous period for which OFCOM have satisfied those review and reporting obligations.

The review and reporting obligations for a period are—

an obligation to carry out a review of the extent to which the public service remit for television in the United Kingdom has, during that period, been fulfilled by the public service broadcasters (taking them all together over the period as a whole); and

an obligation, with a view to maintaining and strengthening the quality of the audiovisual content made available in order to fulfil the public service remit for television in the United Kingdom, to prepare a report on the matters found in the review.

The public service remit for television in the United Kingdom is fulfilled where the public service broadcasters (taken together) make available a broad range of audiovisual content—

in a manner which, taking into account when and how their relevant audiovisual services are received or accessed, is likely to meet the needs and satisfy the interests of as many different audiences as practicable, and

which meets the needs and satisfies the interests of as many different available audiences as practicable as regards the nature of the audiovisual content made available and the subject-matters covered by it,

and that range of audiovisual content includes material satisfying the requirements in subsection (5) and itself satisfies the requirement in subsection (6).

The requirements in this subsection are—

that the audiovisual content made available by the public service broadcasters (taken together) provides, to the extent that is appropriate for facilitating civic understanding and fair and well-informed debate on news and current affairs, a comprehensive and authoritative coverage of news and current affairs—

in, and in the different parts of, the United Kingdom, and

from around the world;

that the audiovisual content made available by the public service broadcasters (taken together) comprises a public service for the dissemination of information and for the provision of education and entertainment, which includes what appears to OFCOM to be—

a sufficient quantity of audiovisual content that reflects the lives and concerns of different communities and cultural interests and traditions within the United Kingdom, and locally in different parts of the United Kingdom, and

a sufficient quantity of audiovisual content that is in, or mainly in, a recognised regional or minority language;

that the audiovisual content made available by the public service broadcasters (taken together) includes an appropriate range and quantity of audiovisual content, contained in original productions, that—

reflects the lives and concerns of children and young people in the United Kingdom,

is of an educational nature, and

helps them to understand the world around them; and

that the audiovisual content made available by the public service broadcasters (taken together) includes—

an appropriate range of independent productions with an appropriate combined duration,

an appropriate range of original productions with an appropriate combined duration, and

so far as the audiovisual content consists of programmes made in the United Kingdom, an appropriate range of programmes made outside the M25 area with an appropriate combined duration.

The requirement in this subsection is that the range of genres of audiovisual content made available by the public service broadcasters (taken together) constitutes an appropriate range of genres.

Particular audiovisual content made available by a public service broadcaster is not to be taken into account for the purpose of determining the extent to which the public service remit for television in the United Kingdom is fulfilled unless the broadcaster has taken steps to ensure that the audiovisual content in question may be received or accessed in accordance with subsection (8) by so much of the broadcaster's intended audience as is reasonably practicable.

Audiovisual content may be received or accessed in accordance with this subsection if—

the audiovisual content, and

the relevant audiovisual service by means of which the audiovisual content is provided,

may be received or accessed in intelligible form and free of charge.

Any requirement to pay sums in accordance with regulations under section 365 is to be disregarded for the purpose of determining whether audiovisual content may be received or accessed in accordance with subsection (8).

Particular audiovisual content made available by a public service broadcaster by means of an on-demand programme service or a non-UK on-demand programme service is not to be taken into account for the purpose of determining the extent to which the public service remit for television in the United Kingdom is fulfilled unless the audiovisual content in question is available for a period of not less than 30 days beginning with the day on which that content is first made available for viewing.

Subsection (8B) does not apply to news programmes or programmes containing coverage of sporting events that are made available by a public service broadcaster by means of an on-demand programme service or a non-UK on-demand programme service.

The Secretary of State may by regulations amend subsection (8B) so as to substitute a different period for the period for the time being specified there.

In carrying out a review under this section OFCOM must consider—

the costs to public service broadcasters of fulfilling the public service remit for television in the United Kingdom;

the sources of income available to them for meeting those costs.

Every report under this section must—

specify, and comment on, whatever changes appear to OFCOM to have occurred, during the period to which the report relates, in the extent to which the public service remit for television in the United Kingdom has been fulfilled;

specify, and comment on, whatever changes appear to OFCOM to have occurred, during that period, in the manner in which that remit is fulfilled;

set out the findings of OFCOM on their consideration of the matters mentioned in subsection (8E) and any conclusions they have arrived at in relation to those findings; and

set out OFCOM's conclusions on the current state of the audiovisual content made available by public service broadcasters in order to fulfil the public service remit for television in the United Kingdom.

In performing their duties under this section, OFCOM must have regard, in particular, to—

every statement of programme ... policy which has been made by virtue of this Chapter by a public service broadcaster, or which is treated as such a statement;

every equivalent statement of policy made by the BBC in pursuance of the BBC Charter and Agreement; and

such matters arising at times before the coming into force of this section as OFCOM consider material.

Every report prepared by OFCOM under this section must be published by them—

as soon as practicable after its preparation is complete; and

in such manner as they consider appropriate.

Before making regulations under this section the Secretary of State must consult OFCOM.

A statutory instrument containing regulations under this section may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

The following are relevant audiovisual services for the purposes of this section—

a television broadcasting service;

a television licensable content service;

a digital television programme service;

an on-demand programme service;

a non-UK on-demand programme service;

a service, other than a service referred to in any of paragraphs (a) to (e), which falls within subsection (11A).

A service falls within this subsection if it is a service, or a dissociable section of a service, which has the following characteristics—

its principal purpose is the provision of programmes,

the programmes which it provides are accessed by viewers by means of the internet,

there is a person who has general control over which programmes are comprised in the service or the dissociable section of the service (whether or not the person has control of the content of individual programmes or the distribution of the service), and

the service or the dissociable section of the service is available for use by members of the public in all or part of the United Kingdom.

The services that are to be taken for the purposes of subsection (11A)(d) to be available for use by members of the public include any service which—

is made available for use only to persons who subscribe to the service (whether for a period or in relation to a particular occasion) or who otherwise request its provision, but

is a service the facility of subscribing to which, or otherwise requesting its provision, is offered or made available to members of the public.

The following are public service broadcasters for the purposes of this section—

the BBC;

S4C; and

the providers of the licensed public service channels; ...

. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

For the purposes of this section, audiovisual content is made available by a public service broadcaster if—

it is provided by means of a relevant audiovisual service provided by the broadcaster, or

it is provided by means of a relevant audiovisual service provided by another person, under arrangements made between the broadcaster and that other person.

In the case of a service falling within subsection (11)(f), the person, and the only person, who is to be treated for the purposes of this section as providing the service is the person described in subsection (11A)(c); and section 362(3) applies in relation to such a service as it applies in relation to a service referred to in section 362(2).

In this section, a reference to the provision of an on-demand programme service or a non-UK on-demand programme service is to be read in accordance with section 368R(5) and (6).

In this section—

"audiovisual content" means the programmes, other than advertisements, included in a relevant audiovisual service;
"children" means persons under the age of 18;
"independent production"—in relation to the provider of a licensed public service channel, has the same meaning as in section 277;in relation to the BBC, has the same meaning as in paragraph 1 of Schedule 12;in relation to S4C, has the same meaning as in paragraph 7 of Schedule 12;
"intended audience" means—in relation to the provider of a Channel 3 service provided for an area of the United Kingdom, members of the public in that area;in relation to any other public service broadcaster, members of the public in the United Kingdom;
"original production"—in relation to the provider of a licensed public service channel, has the same meaning as in section 278;in relation to the BBC, has the meaning given by the BBC Charter and Agreement;in relation to S4C, has the same meaning as in paragraph 8 of Schedule 12;
"programme" means any programme (with or without sounds) which consists of moving or still images or of legible text or of a combination of those things;
"recognised regional or minority language" means Welsh, the Gaelic language as spoken in Scotland, Irish, Scots, Ulster Scots or Cornish.

Section 264: OFCOM reports on the fulfilment of the public service remit

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