Breach Decision and Suspension Notice – Khalsa Television Limited
| Published date | 31 March 2022 |
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SUSPENSION NOTICE
NOTICE OF SUSPENSION OF LICENCE FOR BROADCASTING MATERIAL LIKELY TO ENCOURAGE OR
INCITE CRIME OR TO LEAD TO DISORDER
PURSUANT TO SECTION 239 OF THE COMMUNICATIONS ACT 2003
TO KHALSA TELEVISION LIMITED (“THE LICENSEE”)
IN RESPECT OF LICENCE NUMBERED TLCS 101501BA/2 (THE “TLCS LICENCE”) GRANTED ON 26 MAY
2016 AND PRESENTLY HELD BY KHALSA TELEVISION LIMITED TO PROVIDE A TELEVISION
LICENSABLE CONTENT SERVICE UNDER PART I OF THE BROADCASTING ACT 1990
WHEREAS
i. Khalsa Television Limited (“KTV Ltd” or “the Licensee”) holds a TLCS Licence to provide the tel evision
service KTV (the “Licensed Service”) under the Broadcasting Act 1990 (the “1990 Act”).
ii. Section 239(1) of the Communications Act 2003 (the “Communi cations Act”) provides that Ofcom
must serve a notice under section 239 on the Licensee if it is satisfied that –
a. the holder of the licence has included in the service one or more programmes containing
material likely to encourage or to incite the commission of crime, or lead to disorder;
b. in doing so, it has contravened conditions contained by v irtue of Chapter 4 of Part 3 of the
Communications Act in the licence to provide that service; and
c. the contravention is such as to justify the revocation of the licence
(“the section 239 Conditions”).
iii. Section 239(2) of the Communications Act pr ovides that a notice under section 239(2) must –
a. state that Ofcom are satisfied as mentioned in subsection (1) ;
b. specify the respects in which, in their opinion, the lic ence holder has contravened the
condition mentioned in paragraph (b) of that subsection;
c. state that Ofcom may revoke the licence after the end of the period of twenty-one days
beginning with the day on which the notice is served on the licence holder; and
d. inform the licence holder of his right to make representatio ns to Ofcom within that period
about the matters appearing to Ofcom to provide grounds fo r revoking the licence.
iv. Section 293(3) provides that the effect of a notice under subsection (2) is to suspend the lice nce
from the time when the notice is served on the licence holder until either the revocation of the
licence takes effect, or Ofcom decides not to revoke the licence.
v. Condition 29(6) of the TLCS Licence provides that:
a. if Ofcom is satisfied that the Licensee has included in the Licensed Service one or more
programmes containing material likely to encourage or incite t he commission of crime or
to lead to disorder such that the Licensee has thereby contravened Condition 6(1)(b), or
any other Condition contained in the Licence by virtue of Par t 3, Chapter 4 of the
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