The position prior to 2003 was that on finding a television service to be unacceptable the ITC may recommend a proscription order, they also have to satisfy themselves that trade for the service exists within Britain and that an order would prevent such trade. The Secretary of State must believe that the order would be in the public interest and that it is compatible with the United Kingdom's international obligations.
Section 177 of the Broadcasting Act 1990 allowed for the secretary of state to make a proscription order for a foreign satellite service, the effect of which is to make it a criminal offence to supply any equipment for use in connection with the operation of the service; to supply programme material or arrange for its supply; to place advertisements in the service; to publish any programme details of the service; and to supply or offer to supply any decoding equipment enabling the programmes to be received.
Under the Communications Act 2003, the functions of the Independent Television Commission and of the Radio Authority under section 177 of the 1990 Act (proscription of foreign satellite services) are transferred to OFCOM (Office of.Communication). This authority can then arrange for the Secretary of State to implement proscription orders.
The Communications (Jersey) Order 2003 makes it clear that, OFCOM is able to act to prevent satellite stations disseminating material from Jersey provided that they bring in a proscription order for the U.K. and ratify the proscription order in the Royal Court of Jersey.
It is clear, then, that any attempt to prevent an organisation from acting as an administrative centre within Jersey should start by writing to OFCOM, as the authority with the relevant jurisdiction. (http://www.ofcom.org.uk/) to get them to implement a proscription order.
In order to do this, it would be necessary to demonstrate that the local office was involved in the relevant activities (to supply any equipment for use in connection with the operation of the service; to supply programme material or arrange for its supply; to place advertisements in the service; to publish any programme details of the service; and to supply or offer to supply any decoding equipment enabling the programmes to be received).
A.M. Bellows
March 3, 2004
In the House of Commons Minutes (Hansard Debates) for 15 Nov 1996, questions were asked about restricting televised pornography by Mr. Lawrence Cunliffe (Member for Leigh):
In his reply, Mr. Iain Sproat, The Minister of State, Department of National Heritage commented as follows on satellite broadcasting:
I turn now to the controls we have on the unacceptable material beamed in from other countries. The services concerned are pornographic television channels that are receivable in the UK via satellite, and transmitted from abroad by foreign broadcasters. I particularly welcome the opportunity to set out the facts on this matter, which has received considerable coverage in the media recently. Some of the press coverage has, unfortunately, been misleading.
The Broadcasting Act 1990 established powers for my right hon. Friend the Secretary of State for National Heritage to proscribe foreign satellite services that broadcast programmes which offend against good taste or decency. In doing so, she may act only upon a notification by the Independent Television Commission, which takes the initial view on which services are considered unacceptable. Upon receiving such a notification, the Secretary of State may make a proscription order when she considers that to do so would be in the public interest and would be compatible with the UK's international obligations.
What is a proscription order? A proscription order declares a broadcaster unacceptable and creates criminal offences for various acts in support of a proscribed broadcaster. It makes acts such as the supply of smart cards, the supply of programme material, advertising on or for the channel, publishing details of programmes and the provision of any other service in support of the broadcaster criminal offences. By stopping the sale of smart cards, we restrict access to those channels in the UK.
Two proscription orders against pornographic broadcasters--those against Red Hot Television and TV Erotica--have already proven successful in restricting access to those services in the UK. On both occasions, we were supported in our action by the European Commission, which confirmed that our action was compatible with Community law.
This extended the provisions of the 2003 UK Act to the Bailiwick of Guernsey with the modifications (set out in Schedule 2 of the Order). The relevant section relating to proscription orders is given below. Most relates to change of names, the important section is highlighted.
(a) for subsection (7) substitute the following -
(b) omit subsection (8).
This extended the provisions of the 2003 UK Act to the Bailiwick of Jersey with the modifications (set out in Schedule 2 of the Order). The relevant section relating to proscription orders is given below. Most relates to change of names, the important section is highlighted.
76. In section 332 (Penalties for Contravention of Notification under section 331) -
(a) for subsection (7) substitute the following -
(b) omit subsection (8).