Section 324: Setting and publication of standards, Communications Act 2003

Before setting standards under section 319, OFCOM must publish, in such manner as they think fit, a draft of the proposed code containing those standards.

After publishing the draft code and before setting the standards, OFCOM must consult every person who holds a relevant licence and such of the following as they think fit—

persons appearing to OFCOM to represent the interests of those who watch television programmes;

persons appearing to OFCOM to represent the interests of those who make use of teletext services; and

persons appearing to OFCOM to represent the interests of those who listen to sound programmes.

After publishing the draft code and before setting the standards, OFCOM must also consult—

S4C, about so much of the draft code as relates to television programme services;

the BBC, about so much of the draft code as contains standards other than those for advertising or sponsorship; and

such of the persons mentioned in subsection (4) as OFCOM think fit, about so much of the draft code as contains standards for advertising or sponsorship or for product placement .

Those persons are—

persons appearing to OFCOM to represent the interests of those who will have to take account of the contents of the proposed standards for advertising or sponsorship or for product placement ;

bodies and associations appearing to OFCOM to be concerned with the application of standards of conduct in advertising; and

professional organisations appearing to OFCOM to be qualified to give relevant advice in relation to the advertising of particular products.

If it appears to OFCOM that a body exists which represents the interests of a number of the persons who hold relevant licences, they may perform their duty under subsection (2) of consulting such persons, so far as it relates to the persons whose interests are so represented, by consulting that body.

OFCOM may set standards under section 319 either—

in the terms proposed in a draft code published under subsection (1); or

with such modifications as OFCOM consider appropriate in the light of the consultation carried out as a result of subsections (2) to (5).

Subsections (1) to (6) apply to a proposal by OFCOM to revise standards set under section 319 as they apply to a proposal to set such standards.

Where OFCOM set standards under section 319, they must publish the code containing the standards in such manner as they consider appropriate for bringing it to the attention of the persons who, in their opinion, are likely to be affected by the standards.

Where OFCOM revise standards set under section 319, they shall so publish the code containing the standards as revised.

Where OFCOM publish a code under subsection (8) or (9), they shall send a copy of it—

to the Secretary of State;

except in the case of a code containing standards for advertising or sponsorship, to the BBC; and

if the code relates to television programme services, to S4C.

A code (or draft code) contains standards for advertising or sponsorship for the purposes of this section to the extent that it sets standards under section 319 for securing any of the objectives mentioned in any of paragraphs (g) to (k) of subsection (2) of that section.

A code (or draft code) contains standards for product placement for the purposes of this section to the extent that it sets standards under section 319 for securing the objective mentioned in paragraph (fa) of subsection (2) of that section.

In this section "relevant licence", in relation to a draft code, means—

to the extent that the draft code relates to

television programme services,

... or

an additional television service,

a licence under Part 1 of the 1990 Act (independent television services), under section 18 of the 1996 Act (digital television programme services) under section 25 of that Act (digital additional television services) or under section 219 of this Act; and

to the extent that the draft code relates to radio programme services, any licence under Part 3 of the 1990 Act (independent radio services), under section 60 of the 1996 Act (digital sound programme service) or under section 64 of that Act (digital additional services).

Section 324: Setting and publication of standards

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