Part 1: Public service television The public service remit for television Section 1: Reports on the fulfilment of the public service remit, and section 2: OFCOM reports: wider review and reporting obligations
Section 264 of the CA 2003 establishes the public service remit for television. This comprises the "purposes" of public service television (section 264(4)), which are to be fulfilled in accordance with the "public service objectives" (section 264(6)). At present, the public service remit can only be fulfilled by way of programmes broadcast by the PSBs on relevant television services. These services are: all BBC television services, S4C, the Channel 3 services, Channel 4 and Channel 5 (section 264(11)). It also sets out how OFCOM must report on PSBs’ fulfilment of the remit. Section 264A requires OFCOM to report on the extent to which material included on other television and radio services, on-demand programme services and other internet services contributes towards the public service objectives.
	This section amends section 264 to update and simplify the current public service remit, and to allow PSBs to contribute towards that remit with programmes made available on a wider range of services (including their on-demand services).
	Subsection (2) of this section replaces the current PSB "purposes" and "objectives" (set out in subsections (3) to (8) of section 264) with the new public service remit for television:
New subsection (3) replaces subsection (3) of section 264. It sets out the requirement on OFCOM to report periodically on the fulfilment of the remit.
New subsection (4) replaces subsection (4) of section 264. It provides that the remit is fulfilled when the PSBs together "make available" a wide range of audiovisual content which (and in a manner which) meets the needs and satisfies the interests of as many different audiences as possible. This range of content must both include the public service content described in subsection (5), which includes the dissemination of information and provision of education and entertainment, and reflect an appropriate range of genres (subsection (6)). "Make available" is defined in new subsection (13) by reference to a set of relevant audiovisual services which PSBs can use to make contributions towards the fulfilment of the remit (subsections (11) and (14)). This includes, but is broader than, just their public service channel (sometimes referred to in legislation as a television broadcasting service (see section 362 of the CA 2003)).
New subsection (5) replaces subsections (5) and (6) of section 264. It sets out the principal types of public service content which can form part of a PSB’s contribution to the remit. This includes news and current affairs content; distinctively British content, including content broadcast in a recognised indigenous minority and regional language of the UK; original, independent and regional productions; and certain programmes aimed at children and young people. Some of these terms are defined in new subsection (16).
New subsections (7), (8) and (8A) introduce a requirement that, for content to contribute to the remit, the public service broadcaster must have taken steps to ensure that it may be received or accessed by as many of their intended audience as is reasonably practicable in an intelligible form and free of charge. In particular, it must be possible for audience members to receive or access both the particular content in question, and the service that that content appears on, free of charge (but there is no requirement that other content that appears on that same service be available free of charge).
New subsection (8B) includes a specific requirement that where public service content is provided by a PSB’s on-demand programme service, then (if it is to contribute to the fulfilment of the PSB remit) it must be available for viewing for a period of at least 30 days. News programmes and programmes containing coverage of sporting events are exempted from this requirement (new subsection (8C)).
New subsection (8D) gives the Secretary of State a power, by way of regulations, to amend the period of time which public service content provided on-demand must be made available for if it is to contribute to the fulfilment of the PSB remit. New subsections (10A) and (10B) set out the appropriate consultation requirements for such regulations and require that the draft affirmative procedure is used.
New subsections (8E) and (8F) replace subsections (7) and (8) of section 264 (matters which OFCOM must consider).
	Section 2 updates section 264A in light of the new public service remit for television.