Communications Act 2003, section 325

Observance of standards code

Part 3 Television and Radio Services ETC

(1)The regulatory regime for every programme service licensed by a Broadcasting Act licence includes conditions for securing—

(a)that standards set under section 319 are observed in the provision of that service; and

(b)that procedures for the handling and resolution of complaints about the observance of those standards are established and maintained.

(2)It shall be the duty of OFCOM themselves to establish procedures for the handling and resolution of complaints about the observance of standards set under section 319.

(3)OFCOM may from time to time make a report to the Secretary of State on any issues with respect to OFCOM’s standards code which—

(a)have been identified by them in the course of carrying out their functions; and

(b)appear to them to raise questions of general broadcasting policy.

(4)The conditions of a licence which is granted by OFCOM for a programme service must, for the purpose of securing compliance—

(a)with OFCOM’s standards code, so far as it relates to advertising [F975, the sponsorship of programmes and product placementF975] , and

(b)with any such requirements as are mentioned in section 321(4) which relate to advertising [F976, sponsorship and product placementF976] but go beyond that code,

include a condition requiring the licence holder to comply with every direction given to him by OFCOM with respect to any of the matters mentioned in subsection (5).

(5)Those matters are—

(a)the exclusion from the service of a particular advertisement, or its exclusion in particular circumstances;

(b)F977the descriptions of advertisements and methods of advertising to be excluded from the service (whether generally or in particular circumstances); ...

(c)the forms and methods of sponsorship to be excluded from the service (whether generally or in particular circumstances) [F978; and

(d)in the case of a television programme service, the forms and methods of product placement to be excluded from the service (including descriptions of products, services or trade marks product placement of which is to be excluded) (whether generally or in particular circumstances).F978]

(6)OFCOM’s powers and duties under this section are not to be construed as restricting any power of theirs, apart from this section—

(a)to include conditions with respect to the content of programmes included in any service in the licence to provide that service; or

(b)to include conditions in a licence requiring the holder of a licence to comply with directions given by OFCOM or by any other person.

Definitions used in section 325 11

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
Broadcasting Act licence

“Broadcasting Act licence” means a licence under Part 1 or 3 of the 1990 Act or under Part 1 or 2 of the 1996 Act;

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
OFCOM

“OFCOM” means the Office of Communications;

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
broadcast

“broadcast” means broadcast by wireless telegraphy, and cognate expressions are to be construed accordingly;

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
product placement

“product placement” has the meaning given by paragraph 1 of Schedule 11A;

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

“holder”, in relation to a Broadcasting Act licence, is to be construed in accordance with subsection (7), and cognate expressions are to be construed accordingly;

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
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

Cases considering section 325 5

Office of Communications v Star China Media Limited

[2025] EWHC 2816 (KB) · 30 October 2025

Confirms that licence regimes include conditions securing observance of standards set under s. 319; standards-code breaches may therefore constitute licence contraventions (see paras [16], [21], [101]). Identifies the requirement for procedures dealing with complaints about standards observance; it forms part of the companion standards regime (see para [16]). Confirms Ofcom’s duty to establish procedures for complaints about standards observance (see para [16]).

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

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

Makes compliance with the Broadcasting Code a required licence condition. The judgment uses that statutory effect to connect the Code breaches with OFCOM’s penalty power (see para [3]).

The Liberal Democrats & The Scottish National Party, R. (On the Application of) v ITV Broadcasting Ltd

[2019] EWHC 3282 (Admin) · 29 November 2019Interprets

Section 325 was used to explain that the regulatory regime includes conditions securing compliance with standards and complaint procedures. It supported Ofcom’s regulatory role. (see para [39]) Section 325(1) requires the regulatory regime to include conditions securing observance of standards and complaint procedures. It supported the conclusion that regulation was entrusted to Ofcom. (see para [39]) Section 325(1)(a) concerns conditions securing observance of standards in the licensed service. It formed part of the indirect regulatory scheme. (see para [39]) Section 325(1)(b) concerns conditions securing complaint-handling procedures. It supported the availability of regulatory redress through Ofcom. (see paras [39]; [102]) Section 325(2) places the complaint-procedure duty on Ofcom. The court relied on that allocation of responsibility in holding that Ofcom was the appropriate regulator. (see paras [39]; [86]; [102])

What each judgment says about section 325 is in the case-law panel in the full Act.

Explanatory note

686.OFCOM are to include in every Broadcasting Act licence for a programme service such conditions as they deem to be suitable in order to safeguard the standards listed in section 319. OFCOM must also implement procedures for hearing complaints in connection with the non-observance of such standards. OFCOM may report to the Secretary of State periodically regarding issues relating to OFCOM’s standards code that appear to raise questions of general broadcasting policy.

687.Regarding advertising and sponsorship, OFCOM must include a further licence condition obliging the licence holder for a programme service to comply with any direction from OFCOM on the matters set out in subsection (5), all of which relate to the exclusion of certain advertisements or sponsorship.

All the explanatory notes for the Act

Amendments and notes

7 notes from legislation.gov.uk

Amendments

  1. F975Words in s. 325(4)(a) substituted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 5(2)(a)
  2. F976Words in s. 325(4)(b) substituted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 5(2)(b)
  3. F977Word in s. 325(5)(b) omitted (16.4.2010) by virtue of The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 5(3)(a)
  4. F978S. 325(5)(d) and word inserted (16.4.2010) by The Audiovisual Media Services (Product Placement) Regulations 2010 (S.I. 2010/831), regs. 1(1), 5(3)(b)

Modifications

  1. C54S. 325(2) modified (20.7.2004) by Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 1(b) (with art. 5)
  2. C55S. 325(4) modified (20.7.2004) by Contracting Out (Functions relating to Broadcast Advertising) and Specification of Relevant Functions Order 2004 (S.I. 2004/1975), art. 1, Sch. para. 1(c) (with art. 5)

Commencement

  1. I449S. 325 in force at 29.12.2003 by S.I. 2003/3142, art. 3(1), Sch. 1 (with art. 11)