Communications Act 2003, section 320

Special impartiality requirements

Part 3 Television and Radio Services ETC

(1)The requirements of this section are—

(a)the exclusion, in the case of television and radio services (other than a restricted service within the meaning of section 245), from programmes included in any of those services of all expressions of the views or opinions of the person providing the service on any of the matters mentioned in subsection (2);

(b)the preservation, in the case of every television programme service, teletext service, national radio service and national digital sound programme service, of due impartiality, on the part of the person providing the service, as respects all of those matters;

(c)the prevention, in the case of every local radio service, local digital sound programme service or radio licensable content service, of the giving of undue prominence in the programmes included in the service to the views and opinions of particular persons or bodies on any of those matters.

(2)Those matters are—

(a)matters of political or industrial controversy; and

(b)matters relating to current public policy.

(3)Subsection (1)(a) does not require—

(a)the exclusion from television programmes of views or opinions relating to the provision of programme services; or

(b)the exclusion from radio programmes of views or opinions relating to the provision of programme services.

(4)For the purposes of this section—

(a)the requirement specified in subsection (1)(b) is one that (subject to any rules under subsection (5)) may be satisfied by being satisfied in relation to a series of programmes taken as a whole;

(b)the requirement specified in subsection (1)(c) is one that needs to be satisfied only in relation to all the programmes included in the service in question, taken as a whole.

(5)OFCOM’s standards code shall contain provision setting out the rules to be observed in connection with the following matters—

(a)the application of the requirement specified in subsection (1)(b);

(b)the determination of what, in relation to that requirement, constitutes a series of programmes for the purposes of subsection (4)(a);

(c)the application of the requirement in subsection (1)(c).

(6)Any provision made for the purposes of subsection (5)(a) must, in particular, take account of the need to ensure the preservation of impartiality in relation to the following matters (taking each matter separately)—

(a)matters of major political or industrial controversy, and

(b)major matters relating to current public policy,

as well as of the need to ensure that the requirement specified in subsection (1)(b) is satisfied generally in relation to a series of programmes taken as a whole.

(7) In this section “national radio service” and “local radio service” mean, respectively, a sound broadcasting service which is a national service within the meaning of section 245 and a sound broadcasting service which is a local service within the meaning of that section.

Definitions used in section 320 13

television and radio services

“television and radio services” means—

(a)

programme services apart from those provided by the BBC; and

(b)

services provided by the BBC in relation to which OFCOM have functions;

Defined in s.405(1) · see it in the full Act
programme

“programme” includes an advertisement and, in relation to a service, anything included in that service which is an individual item (irrespective of length) ;

Defined in s.405(1) · see it in the full Act
provide

(7) In relation to a qualifying audiovisual service that is an on-demand programme service, references in this Part to “provide” (and related expressions) are to be read in accordance with section 368R(5).

Defined in s.278B(7) · see it in the full Act

“provide” and cognate expressions, in relation to an electronic communications network, electronic communications service or associated facilities, are to be construed in accordance with section 32(4);

Defined in s.405(1) · see it in the full Act
television programme service

“television programme service” means any of the following—

(a)

a television broadcasting service;

(b)

a television licensable content service;

(c)

a digital television programme service;

(d)

a restricted television service;

Defined in s.362(1) · see it in the full Act
national digital sound programme service

“national digital sound programme service” has the same meaning as in Part 2 of the 1996 Act;

Defined in s.362(1) · see it in the full Act
local digital sound programme service

“local digital sound programme licence” and “local digital sound programme service” each has the same meaning as in Part 2 of the 1996 Act (see sections 60 and 72 of that Act);

Defined in s.362(1) · see it in the full Act
radio licensable content service

“radio licensable content service” has the meaning given by section 247;

Defined in s.362(1) · see it in the full Act

(1) In this Part “radio licensable content service” means (subject to section 248) any service falling within subsection (2) in so far as it is provided with a view to its availability for reception by members of the public being secured by one or both of the following means—

(a)the broadcasting of the service (whether by the person providing it or by another) from a satellite; or

(b)the distribution of the service (whether by that person or by another) by any means involving the use of an electronic communications network.

Defined in s.247(1) · see it in the full Act
body

“body” (without more) means any body or association of persons, whether corporate or unincorporate, including a firm;

Defined in s.405(1) · see it in the full Act
television programme

“television programme” means any programme (with or without sounds) which—

(a)

is produced wholly or partly to be seen on television; and

(b)

consists of moving or still images or of legible text or of a combination of those things;

Defined in s.405(1) · see it in the full Act
provision

“provision”, in relation to a service, is to be construed (subject to subsection (3)) in accordance with subsection (2), and cognate expressions are to be construed accordingly;

Defined in s.362(1) · see it in the full Act
programme service

“programme service” means—

(a)

a television programme service;

(b)

...

(c)

an additional television service;

(d)

a digital additional television service;

(e)

a radio programme service; or

(f)

a sound service provided by the BBC;

and expressions used in this definition and in Part 3 have the same meanings in this definition as in that Part;

Defined in s.405(1) · see it in the full Act
OFCOM’s standards code

“OFCOM’s standards code” means any code or codes for the time being in force containing standards set by OFCOM under section 319 (whether originally or by way of any revision of any standards previously so set) ;

Defined in s.362(1) · see it in the full Act
sound broadcasting service

“sound broadcasting service” has the same meaning as in Part 3 of the 1990 Act (see section 126 of that Act );

Defined in s.362(1) · see it in the full Act

Cases considering section 320 11

David John Keighley, R (on the application of) v The Office of Communications

[2025] EWHC 416 (Admin) · 27 February 2025Limits

Interpreted as establishing the special impartiality requirements but not mandating service-wide measurement of due impartiality. The statutory structure was implemented through Ofcom’s detailed Code rules. (see paras [17], [20]-[21], [32]-[36]) The Preservation Requirement was recognised as applying to services and service providers, but that wording did not dictate that due impartiality must be measured across the service as a whole. (see paras [20], [33]-[34]) Interpreted as requiring the Code to permit due impartiality to be satisfied through a relevant series of programmes taken as a whole. It created an alternative to programme-level compliance, not a mandatory additional service-wide measure. (see paras [20], [34]-[35]) Distinguished as expressly requiring the Prevention Requirement to be satisfied by considering all programmes in the service taken as a whole. That express wording did not extend to the Preservation Requirement. (see paras [20], [36]) Applied as requiring Code rules concerning the application of the Preservation Requirement, while leaving Ofcom to design those rules. The Code’s programme and defined linked-series structure was lawful. (see paras [32], [36]) Applied as requiring the Code to determine what constitutes a series of programmes for the statutory concession. The provision supported the defined concept of an editorially linked series. (see paras [32], [34]) Recognised as requiring particular attention to major prescribed matters, but not as imposing a global service-wide measure beyond the Code’s express programme and linked-programme rules. (see paras [17], [20], [34])

Star China Media Limited, R (on the application of) v The Office of Communications

[2022] EWHC 3136 (Admin) · 8 December 2022Defines

Requires preservation of due impartiality by the provider of every television service in relation to matters of political or industrial controversy (see para [3]). Specifies the relevant matters in respect of which due impartiality must be preserved. The provision supports the statutory context in which OFCOM assessed the broadcasts and penalty (see paras [3], [20]).

Autonomous Non-Profit Organisation TV-Novosti, R (On the Application Of) v The Office of Communications

[2020] EWHC 689 (Admin) · 27 March 2020Interprets

The provision is quoted as part of the special impartiality requirements. The judgment’s operative reasoning focuses principally on section 320(1)(b), not this paragraph. (see para [28]) The due-impartiality obligation is imposed on the person providing the service. It therefore does not require consideration of broadcasts by other providers. (see paras [33]-[38]) The provision identifies political or industrial controversy and current public policy as the matters to which the special impartiality requirements apply. (see paras [28], [30]) The obligation may be satisfied across a series of programmes, but the relevant programmes must be linked in a way known to the viewer. (see paras [34]-[35]) Ofcom must make Code rules determining what constitutes a series of programmes for the purposes of section 320(4). The judgment applies the resulting linked-programme requirement. (see para [34]) The provision requires particular attention to impartiality concerning matters of major political or industrial controversy. (see para [28]) The provision requires particular attention to impartiality concerning major matters relating to current public policy. (see para [28])

What each judgment says about section 320 is in the case-law panel in the full Act.

Explanatory note

677.The standards objectives referred to in section 319 include the objective that the impartiality requirements set out in this section are observed. This section specifies particular requirements, some of which are to be further expanded upon by rules in OFCOM’s standards code, placed upon service providers to ensure that programme services are free from undue bias. The matters to which the requirements apply are matters of political or industrial controversy, and matters relating to current public policy. The requirements are:

  • the service provider must not air its own views on such matters (unless they concern the provision of television or radio programme services); as in the 1990 Act, this restriction does not apply to providers of radio restricted services.

  • as regards every television programme service, teletext service, national radio service and national digital sound programme service, the service provider must preserve due impartiality about such matters. The relevant rules in OFCOM’s standards code must particularly take account of the need to preserve impartiality for major matters of political or industrial controversy or relating to current public policy. Fulfilment of this requirement need not necessarily be measured programme by programme, but on balance over all programmes included in the relevant service; and

  • as regards local radio services, local digital sound programme services, and radio licensable content services, the service provider must ensure that undue prominence is not given to any particular viewpoint about such matters. This need be satisfied only by considering the entire service, rather than programme by programme, or even series by series.

All the explanatory notes for the Act

Amendments and notes

1 notes from legislation.gov.uk

Commencement

  1. I444S. 320 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)