Television Act 1963
| Jurisdiction | UK Non-devolved |
| Citation | 1963 c. 50 |
| Year | 1963 |
Television Act 1963
1963 CHAPTER 50
An Act to extend the period for which the Independent Television Authority are to provide television services, to make further provision with respect to the control exercisable by the Authority over the programmes broadcast by them and over programme contractors, to require additional payments from programme contractors which will not form part of the revenue of the Authority, and to amend in other respects the law relating to the Authority and broadcasting by the Authority.
[31st July 1963]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
1 Extension of period for which Authority are to provide television services.
1. The Independent Television Authority (in this Act referred to as ‘the Authority’) shall, subject to the provisions of this Act and of the Television Act 1954(in this Act referred to as ‘the principal Act’), as amended by this Act, provide television broadcasting services until 31st July 1976.
2 Authority's responsibility for programmes.
(1) It shall be the duty of the Authority—
(a ) to provide the television broadcasting services as a public service for disseminating information, education and entertainment,
(b ) to ensure that the programmes broadcast by the Authority in each area maintain a high general standard in all respects, and in particular in respect of their content and quality, and a proper balance and wide range in their subject-matter, having regard both to the programmes as a whole and also to the days of the week on which, and the times of the day at which, the programmes are broadcast, and
(c ) to secure a wide showing for programmes of merit.
(2) The Authority—
(a ) shall draw up, and from time to time review, a code giving guidance—
(i) as to the rules to be observed in regard to the showing of violence, particularly when large numbers of children and young persons may be expected to be watching the programmes, and
(ii) as to such other matters concerning standards and practice for programmes (other than advertisements) broadcast by the Authority as the Authority may consider suitable for inclusion in the code,
and in considering what other matters ought to be included in the code in pursuance of sub-paragraph (ii) shall have special regard to programmes broadcast when large numbers of children and young persons may be expected to be watching; and
(b ) shall secure that the provisions of the code are observed in relation to all programmes (other than advertisements) broadcast by the Authority.
(3) The Authority may, in the discharge of their general responsibility for programmes other than advertisements, impose requirements as to standards and practice for such programmes which go beyond, or relate to matters not covered by, the provisions of the code; and the methods of control exercisable by the Authority for the purpose of securing that the provisions of the code are observed, and for the purpose of securing compliance with such requirements which go beyond, or relate to matters not covered by, the code, shall include a power to give directions to a programme contractor (or any other person providing such programmes) imposing prohibitions or restrictions as respects items of a specified class or description or as respects a particular item.
3 Submission to Authority of programme schedules.
(1) In the case of programmes other than advertisements, the methods by which the Authority discharge their duties under the last foregoing section shall include the consideration of programme schedules submitted by programme contractors to the Authority for approval in accordance with this section; and, subject to subsection (5) of this section, no such programme provided by a programme contractor shall be broadcast by the Authority unless it forms part of a programme schedule so approved.
(2) A programme schedule—
(a ) shall be drawn up in consultation with the Authority, and
(b ) shall be for a period determined by the Authority,
and the Authority may give to programme contractors such directions as appear to the Authority expedient for the purpose of ensuring that the Authority have sufficient time to discharge their responsibilities in the consideration of programme schedules.
(3) The Authority may give directions, which may be, to any degree, either general or specific and qualified or unqualified,—
(a ) as to the exclusion of any item from a programme schedule,
(b ) as to the inclusion in, or in a particular part of, a programme schedule of an item, or items, of a particular category, or
(c ) as to the inclusion in a particular part of a programme schedule of a particular item,
and the Authority shall not approve a programme schedule until they are satisfied that it conforms with any directions given under this section.
(4) Without prejudice to the Authority's power to approve for the purposes of this section a revised or amended version of a programme schedule previously approved by them, the Authority may, if they think fit to do so in view of any change of circumstances occurring after a programme schedule has been approved by them, permit the programme contractor to make such alterations in that programme schedule as the Authority may approve, being alterations proposed to them in any convenient manner; and a programme schedule in which alterations have been made by virtue of this subsection shall, as so altered, be treated as having been approved by the Authority in accordance with this section.
(5) The Authority may give directions, which may be, to any degree, either general or specific and conditional or unconditional, authorising the making of alterations in any approved programme schedule without prior reference to the Authority—
(a ) where it is difficult or impracticable for the programme contractor to communicate with the Authority in the time available, or
(b ) in the event of a technical breakdown;
and the programmes contained in a programme schedule in which alterations are made by virtue of this subsection may be broadcast by the Authority notwithstanding those alterations.
(6) The Authority's approval under this section may be given subject to such exceptions, reservations and qualifications as the Authority think fit, and the Authority may at any time call for further particulars of a programme schedule submitted to them, or of any item in the programme schedule.
4 Buying and selling of programmes by programme contractors.
(1) The Authority may give directions to any programme contractor requiring him to supply to another programme contractor for inclusion in his programmes any item supplied or originated by the first programme contractor; and the contracts between the Authority and the various programme contractors shall contain all such provisions as the Authority think necessary or expedient for ensuring—
(a ) that each programme contractor will take all reasonable steps to put himself in a position to comply with any directions which may be given to him under this subsection and, when any such directions have been given to him, to enable the other programme contractor to include the item to which the directions relate in his programmes, and
(b ) that if financial and other arrangements for the supply of any item in respect of which directions have been given under this subsection are not agreed between the two programme contractors, or when so agreed do not receive the approval of the Authority required by virtue of subsection (2) of this section, the item will be supplied in accordance with such financial and other arrangements as may be determined by the Authority.
(2) The contracts between the Authority and the various programme contractors shall provide that, where items to be included in the programmes of a programme contractor are not originated by that programme contractor, the financial and other arrangements between the programme contractor and the supplier shall require the approval of the Authority—
(a ) in all cases where the supplier is another programme contractor, and
(b ) in such other cases as the Authority may from time to time direct;
and directions given for the purposes of this subsection may apply to programme contractors generally or may be different for different programme contractors.
5 Advertisements.
(1) Schedule 1 to this Act (which reproduces, with additions and amendments, the rules regarding the broadcasting of advertisements contained in Schedule 2 to the principal Act) shall have effect in substitution for the said Schedule 2; and accordingly in section 4 of the principal Act (which relates to advertisements) any reference to the said Schedule 2 shall be construed as a reference to Schedule 1 to this Act.
(2) It shall be the duty of the Authority—
(a ) to draw up, and from time to time review, a code governing standards and practice in advertising and prescribing the advertisements and methods of advertising to be prohibited, or prohibited in particular circumstances, and
(b ) to secure that the provisions of the code are complied with as regards the advertisements included in the programmes broadcast by the Authority.
(3) The Authority may, in the discharge of their general responsibility for advertisements and methods of advertising, impose requirements as to advertisements and methods of advertising which go beyond the requirements imposed by the code, and the methods of control exercisable by the Authority for the purpose of securing that the provisions of the code are complied with, and...
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