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The Broadcasting Act 1990
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Note: This note should be viewed in conjunction with ITC note 47 Broadcasting Act 1996. The constitutional framework for UK commercial terrestrial television and local radio sectors during the 1980s was provided by the Broadcasting Act 1980 and consolidated in the Broadcasting Act 1981. The Cable and Broadcasting Act 1984 established the Cable Authority which was responsible both for promoting and regulating the new cable industry. The Independent Broadcasting Authority (IBA) had the function of providing television and radio services additional to those of the BBC and acted as both broadcaster and regulator. It did this by entering into contractual arrangements with ITV and Independent Local Radio franchisees whereby the contractors agreed to supply programmes for their regions and the IBA agreed to transmit them. The IBA had wide powers to preview programmes and approve schedules in advance of transmission. The IBA was also responsible for providing the service on Channel 4, its subsidiary, which was set up as a commissioning body, rather than a programme-maker, whose remit included catering for tastes and interests not generally provided for by ITV. Main Changes The Broadcasting Bill was published in December 1989 and the Broadcasting Act 1990 received Royal Assent in November 1990. The Act is complex and long, with 204 sections and 22 schedules. The Bill was heavily amended in its passage through Parliament; 2,673 amendments were discussed and 1,356 amendments were made, many during the House of Lords stage of the Bill. The main changes effected by the 1990 Act, which repealed the broadcasting legislation of 1981 and 1984, in relation to UK commercial television are as follows: Regulatory bodies. Two new regulatory bodies, the Independent Television Commission (ITC) and the Radio Authority, replaced the IBA and the Cable Authority. The ITC was made responsible for licensing and regulating (but not broadcasting) all commercial television services (including terrestrial, satellite and cable) except for S4C in Wales. Licensing system. The previous contract-based regulatory system was replaced by a licensing system, with each license subject to certain conditions with penalties for non-compliance. Licenses for certain services were to be awarded by competitive tender to the highest bidder after a 'quality threshold' and sustainability test had been passed, except in "exceptional circumstances". Cable and satellite programme licenses were to be issued virtually on demand for services complying with the consumer protection requirements in ITC codes. Transmission. The part of the IBA which was formerly responsible for the transmission of commercial broadcasting services was transferred to a separate company, National Transcommunications Ltd (NTL), prior to being privatised. EC Directive. The Act implemented the EC Directive of 3 October 1989 on Television Broadcasting Television without frontiers which sets common minimum requirements on the basis of which transmission from one member state to another may not be interrupted by the receiving state except in limited circumstances. Article 4 of the Directive requires member states to ensure that "where practicable... broadcasters reserve for European works.. a majority proportion of their transmission time". Competition. The ITC has to ensure a general statutory duty to ensure fair and effective competition in the provision of services and that a wide range of services is available throughout the UK. Channel 4 was to be provided by a new non-profit making body, the Channel Four Corporation, under license from the ITC. Channel 5. Provision was made for the licensing of a new terrestrial television service, Channel 5. Ownership. Complex restrictions were introduced under Schedule 2 to the Act (and in subsequent secondary legislation) on who may hold television licenses. Independent production. Channel 3 licensees are required to transmit at least 25% of their output from independent producers. Programmes. Channel 3 licensees must provide (and give a "sufficient amount of time" to) high quality news and current affairs programmes as well as children's, regional and religious programmes. Positive programming requirements also apply to Channel 5 and to the public teletext service. Gaelic programmes. A new Gaelic Television Committee was set up to oversee the making of television programmes in Gaelic primarily for broadcasting on Channel 3 in Scotland. Broadcasting Standards Council (BSC) was set up on a statutory basis. Welsh Authority. The Welsh Fourth Channel Authority (S4C) had to provide a high quality television service in Wales, including Welsh language programmes in peak-time, which would be funded by the Government. News provision. The ITC was required to nominate a body or bodies to provide news services on Channel 3. Archives. The Act provided for the ITC to nominate a body to maintain a national television archive and assess the amount of contribution to its expenses by the Channel 3/5 licensees. Obscene Publications Act 1959. Broadcasting was now included within the ambit of the Act. Broadcasting Act 1996 The Broadcasting Act 1996 was given Royal Assent on 24 July. The main provisions are: to legislate for digital terrestrial TV: to relax ownership provisions and to regulate cross-media (newspaper and television) ownership arrangements; to introduce a 'restricted television service' license; to strengthen provisions protecting C3 regional programming; to alter the C4 funding formula; to allow the ITC to regulate commercial services provided by the BBC; to merge the BSC and the BCC; and to introduce a code for the acquisition of rights to listed events. For more details see ITC Note 49: Broadcasting Act 1996.
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