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Section 368HH: Tier 1 standards code: matters to be taken into account

Communications Act 2003 · 2003 c. 21View on legislation.gov.uk

Part 4A: ON-DEMAND PROGRAMME SERVICES — Chapter 3: Regulation of Tier 1 services

In preparing or revising a code under section 368HF, OFCOM must, in particular and to such extent as appears to them to be relevant to securing the standards objectives, have regard to each of the matters set out in subsection (2).

Those matters are—

the likely expectation of potential audiences as to the nature of the content of programmes included in particular Tier 1 services;
the degree of harm or offence likely to be caused by the inclusion of any particular sort of content, whether in programmes generally or in particular kinds of programmes;
the age of the content of particular programmes or particular kinds of programmes included in Tier 1 services;
the extent to which, and the ways in which, information about the nature of the content of particular kinds of programmes or of particular programmes can be given in a way that enables individuals to make choices about whether they (or others for whom they have responsibility) view or continue to view that content;
the likely effect of consideration being required in order to view a particular Tier 1 service or particular programmes included in a Tier 1 service;
the length of time for which particular programmes are included in Tier 1 services;
the desirability of maintaining the independence of editorial control over programme content.

In preparing or revising a code under section 368HF, OFCOM must take account of such of the international obligations of the United Kingdom as the Secretary of State may notify to them for the purposes of this section.

The Secretary of State may by regulations amend the list of matters in subsection (2).

Before making regulations under subsection (4), the Secretary of State must consult OFCOM.

A statutory instrument containing regulations under subsection (4) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.