Last amended by Communications Act 2003 in 2003. Replaced the ITC and Radio Authority with Ofcom as the single converged regulator for communications, significantly updating the regulatory framework.
Independent editorial summary — not the official statute text. Read the official version on legislation.gov.uk.
Summary
The Broadcasting Act 1990 replaced the Independent Broadcasting Authority with the Independent Television Commission (ITC) and Radio Authority, and introduced a competitive tendering process for ITV franchises. It established the framework for regulating commercial television and radio services, created the Broadcasting Standards Council, and deregulated aspects of commercial broadcasting. The Act marked a fundamental shift from public-service paternalism towards a market-led approach.
Key Points
- Replaced the IBA with the Independent Television Commission and Radio Authority (Part I)
- Introduced competitive tender process for Channel 3 (ITV) licences (s.15–s.17)
- Created Channel 5 as a new terrestrial channel (s.28–s.29)
- Established Broadcasting Standards Council to monitor taste and decency (Part V)
- Set ownership and cross-media restrictions on broadcasting licences (Schedule 2)
- Required licensees to include a proper proportion of programmes made by independent producers
- Deregulated advertising rules and enabled sponsorship of programmes
Parts & Sections
Amendments History
1996 — Broadcasting Act 1996
Created the framework for digital terrestrial television (Freeview), relaxed ownership restrictions, and established the Broadcasting Standards Commission.
2003 — Communications Act 2003
Replaced the ITC and Radio Authority with Ofcom as the single converged regulator for communications, significantly updating the regulatory framework.
Frequently asked questions
- What did the Broadcasting Act 1990 change about broadcasting regulation?
- The Broadcasting Act 1990 replaced the Independent Broadcasting Authority with the Independent Television Commission (ITC) and the Radio Authority. It introduced a competitive tendering process for ITV franchises and established the framework for regulating commercial television and radio services. The Act also created the Broadcasting Standards Council and deregulated aspects of commercial broadcasting, marking a shift towards a market-led approach.
- How were ITV licences awarded under the Act?
- Channel 3 licences were awarded to the highest bidder who passed a programme quality threshold. However, the Act allowed for exceptional circumstances where a licence could be awarded to a lower bidder. This introduced a competitive tendering process for ITV franchises, replacing the previous system.
- What new regulatory bodies were created by the Act?
- The Act created the Broadcasting Standards Council to monitor taste and decency in broadcasting. It also established the Independent Television Commission to regulate commercially funded television and the Radio Authority to regulate independent radio services. These bodies were responsible for licensing and ensuring a diversity of services.
- What rules applied to independent producers and ownership?
- The Act required broadcasting licensees to include a proper proportion of programmes made by independent producers. It also set ownership and cross-media restrictions on broadcasting licences to prevent excessive concentration of media ownership. These rules were designed to maintain diversity and competition in the broadcasting sector.
- How did the Act change advertising and sponsorship rules?
- The Broadcasting Act 1990 deregulated advertising rules and enabled the sponsorship of programmes. This was part of a broader shift from public-service paternalism towards a market-led approach in commercial broadcasting. The changes allowed for greater commercial flexibility in how programmes were funded and promoted.
- What role did the Radio Authority play?
- The Act established the Radio Authority as the body responsible for licensing and regulating independent radio services throughout the United Kingdom. It could grant licences for national, local, satellite, and community radio services. The Authority was required to ensure a diversity of services to cater for different tastes and interests.