This document seeks your comments on draft guidance that Ofcom proposes to use when determining the eligibility of religious bodies or office-holders to hold Broadcasting Act licences (Annex A).
The Communications Act 2003 (the Act) allows religious bodies to hold most Broadcasting Act licences (with the exception of licences for Channels 3 and 5, television and radio multiplexes, national sound analogue broadcasting, public teletext and additional television services). However, this is subject to a prior determination by Ofcom having regard to published guidance that it is appropriate for the body in question to hold the relevant licence.
Ofcom is allowed to make use of guidance published by the Independent Television Commission (ITC) and Radio Authority under the Broadcasting Act for an interim period, but we believe that it would be better to revise the guidance sooner rather than later. This will help to remove the possibility of inconsistencies arising through the operation of separate codes, and to ensure greater transparency in terms of compliance with the Human Rights Act 1998.
The draft Ofcom guidance at Annex A tracks relevant provisions of the European Convention on Human Rights (See Box 1 in section 2) more closely than the existing guidance (Annex B), and also deals with other regulatory requirements with which all prospective licensees are expected to comply.
By comparison with existing guidance, the main change is that Ofcom would not necessarily deny licences to religious bodies which have forms of collective observance which are not normally directly open to members of the public. Ofcom believes that the question of whether religious observances are open to the public is not necessarily a good indicator of whether it is appropriate for such a body to hold a licence.
The guidance would allow Ofcom to withhold licences from religious bodies which, amongst other things, practise or advocate behaviour which is injurious to the health or morals of participants or others, or which infringe the rights and freedoms of participants or others.