This statement sets out Ofcom’s decision on revising the current ‘Outline procedure for statutory sanctions’. It follows a full public consultation on Ofcom’s proposals to amend this procedure. The consultation, “Sanctions in broadcast cases: A consultation on an Outline procedure for sanctions in cases relating to broadcasting,” closed on 20 September 2007. The new Outline procedures are entitled “Outline procedures for statutory sanctions in content and content-related cases” and is attached to this Statement at Annex 1.
The new Outline procedures come into effect on the date of this Statement ( 18 January 2008). They apply with immediate effect as regards all breaches of the relevant Ofcom codes referred to in footnote 2 below and of broadcasting licences recorded on or after 18 January 2008 which warrant consideration of a statutory sanction. They also apply to those breaches recorded prior to the date of this Statement which have not yet been considered for a sanction but which may be so considered. Where a sanctions procedure was begun before 18 January 2008, a broadcaster may request that the new Outline procedures apply going forward.
Some respondents to the consultation commented on Ofcom’s proposals and suggested changes to the wording. Some respondents had opposing views on what alteration should be made to the sanctions procedures. This Statement summarises the main issues raised by respondents and Ofcom’s response to those issues. Whilst the Statement may not refer directly to each and every point that has been raised by respondents to the consultation, in deciding the final wording of the Outline procedures, Ofcom considered each and every response received in its full form.
A number of changes have been made to Ofcom’s proposals on the Outline procedures in the light of the responses. Some were adopted to ensure clarity and, where relevant, consistency, or to ensure legal requirements are met in a more appropriate way.