Policy background Miscellaneous Ofcom powers relating to criminal content
The 2015 Conservative Party Manifesto committed to strengthening Ofcom’s role so that tough measures can be taken against channels that broadcast extremist content. Broadcasters must hold a licence from Ofcom to broadcast television or radio in the UK and Ofcom already has powers to set conditions on these licensees to keep seriously harmful content off air. This licence regime has developed over time and in response to technological developments. Different licence types apply depending on the way in which content is broadcast. The Act contains measures to ensure that Ofcom can enforce conditions on Digital Television Additional Service ("DTAS") licences. DTAS licences include those given to channels that are only accessible to owners of "smart" televisions, which are capable of viewing channels that can only be received over internet-protocol.
	The Act also amends Ofcom’s powers to suspend radio service licences for broadcasting content that incites crime and disorder. Ofcom possesses a power to immediately suspend the licence of a cable or satellite radio station that has broadcast incitements to crime or disorder. When it comes to an analogue or digital radio station, however, Ofcom first had to seek representations before a licence could be suspended, allowing repeat violations before enforcement could commence. The Act ensures that Ofcom always has the necessary powers to take swift action.