Broadcasting Act 2009

72.

Community content provision contracts.

72.— (1) Subject to this section, 2 or more members of a local community or community of interest may supply a compilation of programme material for the purposes of its being transmitted as a broadcasting service under and in accordance with a MMD system transmission licence or by an appropriate network provider referred to in section 77 (1) .

(2) Subject to subsections (3) and (4) , the Authority may enter into a class of content provision contract (“community content pro vision contract”) with 2 or more members of a local community or a community of interest whereby those members may supply a compilation of programme material for the purposes referred to in subsection (1) if it is satisfied that—

( a) those members are representative of, and accountable to, the community concerned, and

( b) the supply of programme material in pursuance of the contract will be effected with the sole objective of—

(i) specifically addressing the interests of, and seeking to provide a social benefit to, the community concerned, and

(ii) achieving a monetary reward of no greater amount than is reasonably necessary to defray the expenses that will be incurred in effecting that supply.

(3) The Authority shall not enter into a community content contract save after consultation with the person who it appears to the Authority will transmit or, as the case may be, will be the subject of a requirement under section 76(4) or 77(8) to transmit, the programme material supplied pursuant to the contract as a broadcasting service.

(4) The Authority shall establish procedures whereby members of local communities are enabled, at regular intervals, to make submissions to the Authority as to what particular contracts ought, in their opinion, to be entered into under this section and what particular terms and conditions ought, in their opinion, to be included in such contracts and requiring the Authority to furnish, on request, to any such members particulars of any proposals formulated, for the time being, by the Authority itself with regard to each of those matters.

(5) Before entering into a community content provision contract, the Authority shall have regard to any submissions made to it under and in accordance with procedures established under subsection (4) and which appear to it to be of relevance to that contract.

(6) The Authority shall conduct, or arrange with members of the local community or community of interest concerned for there to be conducted, a survey, which shall be as comprehensive as is practicable, amongst members of that community for the purpose of ascertaining—

( a) the extent to which that community is facilitated in the active participation by it in the compilation and transmission of the programme material supplied pursuant to a community content provision contract,

( b) the extent to which those members view any broadcasting service on which there is transmitted that programme material, and

( c) the opinion of those members with regard to—

(i) the quality of that programme material, and

(ii) whether that material specifically addresses the interests of their community,

and shall have regard to the results of such a survey in deciding, in relation to any community content provision contract it proposes to enter into with members of that community next after the conduct of that survey, with whom it shall enter into such a contract and the nature of the terms and conditions it may include in that contract.

(7) If the holder of a MMD system transmission licence is required under section 76 (4) , or an appropriate network provider referred to in section 77 (1) is required under subsection (8) of that section, to transmit as a broadcasting service the programme material supplied pursuant to a community content provision contract, the holder or an appropriate network service provider shall not be—

( a) under any duty to ensure that the material complies with the terms and conditions of that contract or the requirements of Part 3 ,

( b) regarded, for the purposes of the law of defamation, malicious falsehood or any other form of civil liability as having, by virtue of such transmission, published the material, or

( c) liable in damages, by virtue of such transmission, for any infringement of copyright, other intellectual property rights or other legal rights of any person.