Broadcasting Act 2009

43.

Broadcasting rules.

43.— (1) The Authority shall, subject to the requirements of section 41(2) and, in accordance with subsection (4), prepare, and from time to time as occasion requires, revise rules (“broadcasting rules”) with respect to—

( a) the total daily times that shall be allowed for the transmission of advertisements and teleshopping material on a broadcasting service, in respect of a contract under Part 6 ,

( b) the maximum period that shall be allowed in any given hour for the transmission of advertisements and teleshopping material (within the meaning of section 42 (8) ) on such a broadcasting service, and the Authority may make different such rules with respect to different classes of broadcasting service,

( c) the specific steps each broadcaster is required to take to promote the understanding and enjoyment by—

(i) persons who are deaf or have a hearing impairment,

(ii) persons who are blind or partially sighted, and

(iii) persons who have a hearing impairment and are partially sighted,

of programmes transmitted on any broadcasting service provided by the broadcaster.

(2) Without prejudice to the generality of subsection (1)(c), broadcasting rules with respect to that paragraph shall require each broadcaster of audio-visual material to take specified steps to provide access to that material by persons who are deaf or have a hearing impairment, persons who are blind or partially sighted, and persons who have a hearing impairment and are partially sighted by means of specified services such as—

( a) sign language,

( b) teletext services,

( c) subtitling, and audio description, and

( d) have regard to whether the foregoing material is being provided—

(i) daily or at other regular intervals,

(ii) at popular viewing times as well as at other times, and

(iii) for news and news-related matters as well as for other matters.

(3) Rules under subsection (1)(c) may, in respect of any period specified in them beginning on or after the passing of this Act, require a broadcaster to ensure that a specified percentage of programmes transmitted on a broadcasting service provided by him or her in that period employs specified means by which the understanding and enjoyment by persons referred to in subparagraphs (i), (ii) and (iii) of that paragraph of that percentage of programmes may be promoted.

(4) Broadcasting rules shall provide for the matters required to be provided for by Chapters IIA, IV and V of the Council Directive.

(5) Whenever the Authority prepares or revises a broadcasting rule relating to the matter in question every broadcaster shall comply as required with such rule and any revision of it.

(6) The Authority shall every two years, or such lesser period as it may decide, review a broadcasting rule made under subsection (1)(c).

(7) In carrying out a review under subsection (6) the Authority shall consider the quality of services provided by broadcasters in endeavouring to comply with a broadcasting rule made under subsection (1)(c).

(8) The following rules namely—

( a) Access Rules (1 January 2005) prepared under section 19 of the Act of 2001, and

( b) rules with respect to the maximum daily and hourly limits on advertising and teleshopping continued under section 19 of the Act of 2001,

if in force on the passing of this Act, continue in force as if made under the corresponding provision of this section and have effect accordingly.