Broadcasting Act 2009
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Matters to be considered in determining the amount of financial sanction. |
56.— In considering the amount (if any) of any financial sanction to be imposed on a broadcaster under section 55 the Authority or the Court shall take into account the circumstances of the breach or the failure to co-operate with an investigation in question, as the case may be, and shall, where appropriate in the circumstances, have regard to— | |
(a) the need to ensure that any financial sanction imposed— | ||
(i) is appropriate and proportionate to the breach or the failure to co-operate with the investigation, and | ||
(ii) will act as a sufficient incentive to ensure future compliance in respect of the requirement breached, | ||
(b) the seriousness of the breach, | ||
(c) the turnover of the broadcaster in the financial year ending in the year previous to the breach and the ability of the broadcaster to pay the amount, | ||
(d) the extent of any failure to co-operate with the investigation, | ||
(e) any excuse or explanation by the broadcaster for the breach or failure to co-operate with the investigation, | ||
(f) any gain (financial or otherwise) made by the broadcaster or by any person in which the broadcaster has a financial interest as a consequence of the breach, | ||
(g) the appropriateness of the time when the programme material concerned was broadcast, | ||
(h) the degree of harm caused or increased cost incurred by audiences, consumers or other sectoral or market participants as a consequence of the breach, | ||
(i) audience expectations as to the nature of the programme material, | ||
(j) the duration of the breach, | ||
(k) repeated breaches by the broadcaster, | ||
(l) continuation by the broadcaster of— | ||
(i) the breach, or | ||
(ii) the broadcasting of the matter to which an investigation relates after being notified of the investigation under section 53 (3) (a), | ||
(m) the extent to which— | ||
(i) the management of the broadcaster knew, or ought to have known, that the breach was occurring or would occur, and | ||
(ii) any breach was caused by a third party, or any relevant circumstances beyond the control of the broadcaster, | ||
(n) the absence, ineffectiveness or repeated failure of internal mechanisms or procedures of the broadcaster intended to prevent breach by the broadcaster, | ||
(o) the extent to which the broadcaster had taken steps in advance to identify and mitigate external factors that might result in a breach, | ||
(p) the extent and timeliness of any steps taken to end the breach in question, and any steps taken for remedying the consequences of the breach, | ||
(q) submissions by the broadcaster on the appropriate amount of a financial sanction, | ||
(r) whether a financial sanction in respect of similar conduct has already been imposed on the broadcaster by the Court or Authority, and | ||
(s) any precedents set by the Court or Authority in respect of previous breaches or failures to co-operate with an investigation. |