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UK Law Reference
Full glossary
Legal term
Broadcasting

Independent Producer

A television production company not owned by a broadcaster. Under Communications Act 2003, public service broadcasters must commission a certain proportion of content from independent producers.

Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.

The independent production quota is set out in the Communications Act 2003, under the heading 'Programming quotas for independent productions'. It requires the provider of a licensed public service channel to make available a range and diversity of independent productions, commissioned in accordance with the broadcaster's own commissioning code, totalling at least the number of hours specified by order of the Secretary of State.

The Act leaves the precise scope of what counts as an 'independent production' to secondary legislation: a reference to independent productions is a reference to programmes of such description as the Secretary of State may specify by order, and a reference to a range of independent productions covers both the cost of acquisition and the types of programme involved. This structure allows the definition of 'independent' — turning on ownership and control rather than simply on the production company's size — to be updated without primary legislation.

As well as the hours-based quota, public service broadcasters must also meet a related spend-based requirement: making available a range and diversity of independent productions whose total acquisition cost is at least the amount specified in the relevant order for that year. Together the two quotas are intended to sustain a production sector outside the broadcasters themselves, supporting diversity of programme supply.

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Official sources

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