Broadcasting Act 2009


Matters to be considered in determining the amount of financial sanction.

56.— In considering the amount (if any) of any financial sanction to be imposed on a broadcaster under section 55 the Authority or the Court shall take into account the circumstances of the breach or the failure to co-operate with an investigation in question, as the case may be, and shall, where appropriate in the circumstances, have regard to—

( a) the need to ensure that any financial sanction imposed—

(i) is appropriate and proportionate to the breach or the failure to co-operate with the investigation, and

(ii) will act as a sufficient incentive to ensure future compliance in respect of the requirement breached,

( b) the seriousness of the breach,

( c) the turnover of the broadcaster in the financial year ending in the year previous to the breach and the ability of the broadcaster to pay the amount,

( d) the extent of any failure to co-operate with the investigation,

( e) any excuse or explanation by the broadcaster for the breach or failure to co-operate with the investigation,

( f) any gain (financial or otherwise) made by the broadcaster or by any person in which the broadcaster has a financial interest as a consequence of the breach,

( g) the appropriateness of the time when the programme material concerned was broadcast,

( h) the degree of harm caused or increased cost incurred by audiences, consumers or other sectoral or market participants as a consequence of the breach,

( i) audience expectations as to the nature of the programme material,

( j) the duration of the breach,

( k) repeated breaches by the broadcaster,

( l) continuation by the broadcaster of—

(i) the breach, or

(ii) the broadcasting of the matter to which an investigation relates after being notified of the investigation under section 53 (3) (a) ,

( m) the extent to which—

(i) the management of the broadcaster knew, or ought to have known, that the breach was occurring or would occur, and

(ii) any breach was caused by a third party, or any relevant circumstances beyond the control of the broadcaster,

( n) the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the broadcaster intended to prevent breach by the broadcaster,

( o) the extent to which the broadcaster had taken steps in advance to identify and mitigate external factors that might result in a breach,

( p) the extent and timeliness of any steps taken to end the breach in question, and any steps taken for remedying the consequences of the breach,

( q) submissions by the broadcaster on the appropriate amount of a financial sanction,

( r) whether a financial sanction in respect of similar conduct has already been imposed on the broadcaster by the Court or Authority, and

( s) any precedents set by the Court or Authority in respect of previous breaches or failures to co-operate with an investigation.