Broadcast regulation

Question 1

What is OFCOM?

Answer 1

• Statutory regulator for broadcasting
• Established by Comms Act
• Broad remit covers telecoms, infrastructure, broadcast rollout, media literacy, researching media consumption- and handling complaints about broadcast content
• Can censure broadcasters, fine them or close them down
• Adjudications published in broadcast bulletins to be found on OFCOM website

Question 2

What’s Sec 1 of broadcast code?

Answer 2

Protecting u18s

Question 3

Sec 2 of broadcasting code?

Answer 3

Harm and offence

Question 4

Sec 3 of broadcast code?

Answer 4

Crime, disorder, hatred and abuse

Question 5

Sec 4 of broadcast code?

Answer 5

Religion

Question 6

Sec 5 of broadcast code?

Answer 6

Due impartiality and due accuracy

Question 7

Sec 6 of broadcast code?

Answer 7

Elections and referendums

Question 8

Sec 7 of broadcast code?

Answer 8

Fairness

Question 9

Sec 8 of broadcast code?

Answer 9

Privacy

Question 10

Sec 9&10 of broadcast code?

Answer 10

Commercial references

Question 11

Describe Sec 1 (Protecting U18s) of broadcast code

Answer 11

• 1.1/1.2- material harmful to children must not be broadcast and broadcasters must take all reasonable steps to protect children
• 1.3- children must be protected by scheduling
• Watershed- harmful material must be broadcast after 9pm on TV
• 1.28- ensure welfare and the dignity of children taking part in programmes
• 1.29- must not be caused by unjustified distress or anxiety

Question 12

Describe Sec 2 (Harm and offence) of the broadcast code

Answer 12

• Factual and news programmes or items or portrayals of factual matters must not materially mislead the audience
• This overlaps with Sec 5 re news “Due impartiality and accuracy”
• 2.1- generally accepted standards must be applied to the contents of TV and radio services to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material
• 2.3- broadcasters must ensure offensive material is justified by context
• Offensive lang
• Violence
• Sex/sexual violence
• Humiliation
• Distress
• Violation of human dignity
• Discriminatory treatment
• 2.4- material shouldn’t condone or glamorise violent, dangerous or seriously antisocial behaviour and is likely to encourage others to copy such behaviour
• 2.5- methods of suicide and self-harm must not be included unless editorially justified by the context

Question 13

List some things that justify context

Answer 13

• Editorial content of the programmes or series
• The service on which the material is broadcast
• The time of broadcast
• What other programmes are scheduled before and after
• The degree or harm or offence likely to be caused
• The likely size and composition of the potential audience and likely expectation of the audience
• The extent to which the nature of the content can be brought to the attention of the potential audience for example by giving info
• The effect of the material on viewers or listeners who may come across it unaware

Question 14

Describe Sec 3 (crime, disorder, hatred and abuse)

Answer 14

• Aimed at ensuring material likely to encourage or incite the commission of crime or to lead to disorder isn’t included in TV or radio services
• 3.1-3.7- on material regarding the commission of crime or disorder, descriptions of criminal techniques and payments to criminals and witnesses
• 3.2- covers broadcasting of hate speech
• 3.3- “Material which contains abusive or derogatory treatment of individuals, groups, religions, or communities, must not be included in TV and radio services except where it is justified by the context”

Question 15

Describe Sec 4 (religion) of the broadcast code

Answer 15

• Aimed at ensuring broadcasters responsibility with respect to the content of the religious programmes
• To ensure that religious programmes do not involve any improper exploitation of any susceptibilities of the audience for such a programme
• To ensure no abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination
• 4.1-4.7- on the responsibilities of broadcasters in relation to religious programmes, including the need to avoid abusive treatment
• 4.7 states “religious programmes that contain claims that a living person has a special power or abilities must treat such claims with due objectivity and must not broadcast such claims when significant numbers of children may be expected to be watching.”

Question 16

Describe Sec 5 (due impartiality and accuracy) of broadcast code

Answer 16

• News must be accurate and presented with due impartiality
• Mistakes should be corrected promptly

-Politicians as news readers only if editorially justified, and political allegiance is made clear

Question 17

What is due impartiality?

Answer 17

• “due” means there does not have be an equal division of time to every view
• May vary according to the nature of the subject
• May be achieved over a series of programmes

Question 18

What must news presenters not express their views on?

Answer 18

• Matters of political or industrial controversy
• Matters of current public policy

-Presenters of other programmes (personal view items, chairs of discussions or phone ins)

Question 19

What things can broadcasters face for breaking codes?

Answer 19

• Reprimands
• Fines
• Removal of licence to broadcast

Question 20

Describe Sec 6 (Elections) of the broadcast code

Answer 20

In the election period-

• Parties should receive proportionate airtime according to past and current voter support
• Most broadcasters log stories covered
• Candidates must not be presenters or interviewers
• Candidates or party reps can appear in non-political programmes scheduled before election period- but must not abuse position

Question 21

Describe Sec 7 (Fairness) of the broadcast code

Answer 21

7. 2- broadcasters and programme makers should normally be treated fairly
   - Contributors should-
   - Be told the nature and purpose of the programme, what the programme is about and be given a clear explanation of why they were asked
   - Be told what kind of contribution they are expected to make
   - Be informed about the areas of questioning and, wherever possible, the nature of other likely contributors
   - Be made aware of any significant changes to the programme
   - Be told the nature of their contractual rights and obligations and those of the programme maker

• 7.9- before broadcasting-
• Material facts have not been presented, disregarded or omitted to cause unfairness
• Anyone whose omission could be unfair to an individual or organisation has been offered an opportunity to contribute

7. 11- if a programme alleges wrongdoing or incompetence there should be an opportunity to respond
8. 12- where someone chooses to make no comment or refuses to appear it should be made clear with reason given
9. 13- where it is appropriate to represent the views of a person or organisations that is not participating in the programme, this must be done in a fair manner

Question 22

Describe Sec 8 (privacy) of the broadcast code

Answer 22

• Broadcasters must have regard to HRA Sec 8
• Privacy in home, health, correspondence etc
• In situations where there is a legitimate expectation of privacy
• Intrusion must be “warranted” ie in public interest

8. 2- disclosure of the location of a person’s home or family should be barred and warranted
9. 3- when people are caught up in events which are covered by the news, they still have a right to privacy
10. 8- permission for recording/filming in institution and organisations- unless warranted
11. 11- no doorstepping unless-
    - A request for an interview has been refused
    - It hasn’t been possible to request and interview
    - Or there is good reason to believe an open approach won’t work
12. 12- broadcasters can record phone calls if they have ID themselves, explained the purpose of the call and that the call is being recorded for possible broadcast (unless warranted)
13. 13- surreptitious filming or recording should only be used where it’s warranted
14. 16- broadcasters shouldn’t tale or broadcast footage or audio of people caught up in emergencies, victims of accidents or those suffering a personal tragedy, even in a public place
15. 17- people in a state of distress shouldn’t be put under pressure to take part in a programme or provide interviews, unless it’s warranted
16. 18- broadcasters shouldn’t ID victims before next of kin are informed
17. 19- broadcasters should try to reduce the potential distress to victims and/or relatives when examining past events

Question 23

Describe the broadcast codes on privacy of people u16 and the vulnerable

Answer 23

8.20- children don’t lose their rights to privacy because, for example, of the fame notoriety of their parents or because of events in their school

8. 21- where a programme features an individual u16 or a vulnerable person in a way that infringes privacy, consent must be obtained from-
   - a parent, guardian or other person of 18 or over in loco parentis; and
   - wherever possible, the individual concerned
   - unless it is warranted matter is trivial or uncontroversial
   - or it is warranted to proceed without consent

8.22- persons u16 and vulnerable people should not be questioned about private matters without the consent of a parent, guardian or appropriate adult

Question 24

Describe Sec 9&10 (Commercial references) of the broadcast code

Answer 24

• Aimed at ensuring broadcasters maintain editorial independence and control over programming
• And that there is distinction between editorial content and advertising (distinction)
• To protect audiences from surreptitious advertising

9. 1- broadcasters must maintain independent and control over programming
10. 2- “” ensure that no advertiser exercises editorial influence over the content of programmes
11. 3- broadcasters must ensure that editorial content is distinct from advertising

Sec 9 relates to TV and Sec 10 relates to radio