BROADCASTING ACT 1993
Arrangement of Sections
PROVISION AND REGULATION OF PROGRAMME SERVICES
1. Functions of Communications Commission.
2. Licensing of programme services.
3. Restrictions on the holding of licences.
4. Conditions of licence.
5. General requirements as to licensed services.
6. Codes of practice etc.
7. Variation or revocation of licences.
8. Powers of Council of Ministers.
9. Provision of facilities by Commission.
10. Restriction on provision of programme services.
12. Gaelic Broadcasting.
13. Interpretation of Part 1.
14. Transitional provision.
MISCELLANEOUS AND SUPPLEMENTAL
16. Foreign satellite services.
18. Use of sound recordings in broadcasts etc.
19. Advance programme information.
20. Modification of copyright law.
22. Amendment etc. of enactments.
23. Short title and commencement.
Schedule 1 Restrictions on the holding of licences.
Schedule 2 Amendments of Copyright Act 1991.
Schedule 3 Advance programme information.
Schedule 4 Amendment of enactments.
Schedule 5 Enactments repealed.
Received Royal Assent: 7 July 1993
Passed: 8 July 1993
GENERAL NOTE: The maximum fines in this Act are as increased by the Criminal Justice (Penalties, Etc.) Act 1993 s 1.
to make new provision for the licensing of certain programme services; to enable certain satellite services to be proscribed; to make further provision relating to copyright in connection with programme services; to require charges to be indicated on certain telecommunication apparatus; and for connected purposes.
PROVISION AND REGULATION OF PROGRAMME SERVICES
1 Functions of Communications Commission
It is the function of the Communications Commission ('the Commission')-
(a) to regulate, in accordance with this Part, programme services which are provided from places in the Island;
(b) to keep under review the reception in the Island of programme services provided from places in the Island or elsewhere, and the quality and content of those services;
(c) to further the interests of the Island in the whole field of programme services.
2 Licensing of programme services
(1) The Commission shall, in accordance with this Part, grant such licences to provide programme services as it may determine.
(2) The Commission shall discharge its functions under this Part as respects the licensing of programme services in the manner which it considers is best calculated to ensure that-
(a) at least one sound broadcasting service is provided from a place in the Island; and
(b) all programme services so provided are of a high quality and offer a wide range of programmes calculated to appeal to a variety of tastes and interests.
(3) A licence may be granted for the provision of such a service as is specified in the licence, for such period (not exceeding 10 years) as the Commission thinks fit.
(4) The Commission-
(a) shall not grant a licence to any person unless it is satisfied that he is a fit and proper person to hold it, and
(b) shall do all that it can to secure that, if it ceases to be so satisfied in the case of any person holding a licence, that person does not remain the holder of the licence.
(5) A licence granted to any person is not transferable to any other person without the previous consent in writing of the Commission; and the Commission shall not give such consent unless it is satisfied as mentioned in subsection (4)(a).
(6) Nothing in this section empowers the Commission to grant a licence for the provision of a programme service for which a licence may be granted under Part I (independent television) or Part III (national independent radio) of the Broadcasting Act 1990 (an Act of Parliament), as it has effect in the Island ('the UK Act') or under Part I or II of the Broadcasting Act 1996 (an Act of Parliament), as it has effect in the Island.
[Subs (6) amended by Statute Law Revision Act 1997 Sch 1.]
3 Restrictions on the holding of licences
(1) Schedule 1 shall have effect for the purpose of restricting the holding of licences.
(2) The Commission shall do all that it can to secure-
(a) that a person does not become or remain the holder of a licence to provide a sound broadcasting service if he is a person who is disqualified for holding that licence by paragraph 1, 2 or 3 of Schedule 1; and
(b) that any requirements imposed by or under paragraphs 4 and 5 of that Schedule are complied with by or in relation to persons holding licences to provide sound broadcasting services.
(3) The Commission may accordingly-
(a) require any applicant for such a licence to provide it with such information as it may reasonably require for the purpose of determining-
(i) whether he is disqualified as mentioned in subsection (2)(a);
(ii) whether any such requirements as are mentioned in subsection (2)(b) would preclude it from granting such a licence to him; and
(iii) if so, what steps would be required to be taken by or in relation to him in order for any such requirements to be complied with;
(b) make the grant of such a licence to any person conditional on the taking of any specified steps that appear to it to be required to be taken as mentioned in paragraph (a)(iii);
(c) impose conditions in any such licence enabling it to require the licence holder, if a body corporate, to give it advance notice of proposals affecting-
(i) shareholdings in the body, or
(ii) the directors of the body,
where such proposals are known to the body;
(d) impose conditions in any such licence enabling it to give the licence holder directions requiring him to take, or arrange for the taking of, any specified steps appearing to it to be required to be taken in order for any such requirements as are mentioned in subsection (2)(b)to be complied with.
(4) Every licence to provide a sound broadcasting service shall include such conditions as the Commission considers necessary or expedient to ensure that where-
(a) the holder of the licence is a body, and
(b) a relevant change takes place after the grant of the licence,
the Commission may revoke the licence by notice served on the holder of the licence and taking effect forthwith or on a date specified in the notice.
(5) The Commission shall not serve any such notice on the licence holder unless it has given the holder a reasonable opportunity of making representations to it about the matters complained of.
(6) In this section 'relevant change', in relation to a body which is the holder of a licence, means-
(a) any change in the nature or characteristics of the body, or
(b) any change in the persons having control over or interests in the body,
being (in either the case) a change which is such that, if it fell to the Commission to determine whether to grant the licence in the new circumstances of the case, it would be induced by the change to refrain from doing so.
4 Conditions of licence
A licence may include-
(a) such conditions as appear to the Commission to be appropriate, having regard to any duties which are or may be imposed on it or on the licence holder by or under this Part;
(b) conditions enabling the Commission to supervise and enforce technical standards in connection with the provision of the licensed service;
(c) conditions requiring the payment by the licence holder to the Treasury (whether on the grant of the licence or at such times thereafter as may be determined by or under the licence, or both) of a fee or fees of an amount or amounts so determined;
(d) conditions requiring the licence holder to comply with any direction given by the Commission as to such matters as are specified in the licence or are of a description so specified, or (except to the extent that the Commission consent thereto) not to do or to do such things as are specified in the licence or are of a description so specified;
(e) conditions requiring the licence holder to permit any pers