13A Additional powers to make orders in respect of series

(1)

Notwithstanding section 13, if, in the case of a complaint referred to the Authority under section 8, the Authority considers that, in relation to a particular programme within a series, a broadcaster has failed to comply with section 4 because that programme contains material that—

(a)

describes, depicts, or otherwise deals with—

(i)

acts of torture, the infliction of serious physical harm, or acts of significant cruelty; or

(ii)

sexual violence or sexual coercion or violence or coercion in association with sexual conduct; or

(iii)

other sexual or physical contact of a degrading, dehumanising, or demeaning nature; or

(iv)

sexual conduct with or by children or both; or

(v)

physical conduct in which sexual satisfaction is derived from inflicting or suffering cruelty or pain; or

(b)

exploits the nudity of young children; or

(c)

promotes or encourages criminal acts or acts of terrorism,—

in a manner that is likely to be injurious to the public good, the Authority may make an order directing the broadcaster to make available to the Authority—

(d)

a copy of any visual recordings; or

(e)

a copy of any transcript; or

(f)

any other material,—

related to further programmes within the series.

(2)

In determining whether or not the broadcasting of any programme within a series is likely to be injurious to the public good, the Authority shall, in addition to the matters specified in subsection (1), have regard to—

(a)

the dominant effect of the programme as a whole; and

(b)

the impact of the programme given the medium in which the programme is presented; and

(c)

the character of the programme, including any merit, value, or importance the programme has in relation to artistic, social, cultural, educational, scientific, or other matters; and

(d)

the persons, class of persons, or age of persons by whom the programme was intended, or is likely, to be viewed; and

(e)

the purpose of the programme; and

(f)

any other relevant matter relating to the broadcasting of the programme.

(3)

If, after viewing the material referred to in paragraphs (d) to (f) of subsection (1), the Authority is satisfied that the broadcasting of any programme within the series is likely to be injurious to the public good, the Authority may make 1 or both of the following orders:

(a)

an order directing that the broadcaster withdraw that programme:

(b)

an order specifying the conditions that must be complied with by any broadcaster who broadcasts the series that is the subject of the complaint or any programme in that series.

(4)

If, after viewing the material referred to in paragraphs (d) to (f) of subsection (1), the Authority is satisfied that the broadcasting of each and every further programme within the series is likely to be injurious to the public good, the Authority may make—

(a)

an order directing that the broadcaster withdraw the series that is the subject of the complaint; or

(b)

an order directing that the broadcaster withdraw 1 or more specified programmes; or

(c)

an order (which may be made in conjunction with an order made under paragraph (b)) specifying the conditions that must be complied with by any broadcaster who broadcasts the series that is the subject of the complaint or any programme in that series.

(5)

Where the Authority makes, under subsection (3)(a) or subsection (4)(b), an order in relation to any programme, no broadcaster shall broadcast that programme.

(6)

Where the Authority makes, under subsection (3)(b) or subsection (4)(c), an order in relation to any series or programmes in a series, no broadcaster shall broadcast, otherwise than in accordance with the conditions specified in the order, that series or any programme in that series.

(7)

Where the Authority makes, under subsection (4)(a), an order in relation to any series, no broadcaster shall broadcast that series or any programme in that series.

Section 13A: inserted, on 1 July 1996, by section 6 of the Broadcasting Amendment Act 1996 (1996 No 53).