McNae's Essential Law for Journalists: Part 1: Chapter 3: Broadcast regulation

Question 1

How is television and radio in the UK regulated?

Answer 1

Television and radio journalism in the UK is regulated by statute through an independent regulator, Ofcom.

Question 2

What does the Ofcom Broadcasting Code state?

Answer 2

Ofcom’s Broadcasting Code says commercial broadcast organisations must be impartial when covering politics and societal issues, and must be accurate, treat people fairly, respect privacy and avoid causing harm and offence.

Question 3

Can Ofcom impose substantial fines?

Answer 3

Ofcom can impose substantial fines for breaches of the Code. The BBC is also required to be impartial, and ethical and is subject to the Code.

Question 4

What are broadcasters required to do?

Answer 4

In the UK, commercial broadcasters are regulated to ensure their owners are law-abiding and all broadcasters are regulated about programmes including journalism.

Question 5

Why regulate broadcasters?

Answer 5

Historically, broadcast media have been seen as having particular potential to influence, harm or offend their audiences.

Question 6

What is the role of Ofcom and what sanctions can it impose?

Answer 6

• If Ofcom upholds a complaint, it can direct that a programme should not be repeated.
• Ofcom can shorten, suspend or revoke the licenses of broadcasters which consistently breach the Code.
• Ofcom cannot shorten, suspend or revoke the licenses of the BBC, S4C or Channel 4 because they are public service broadcasters.

Question 7

How does the Code protect and avoid harm or offence?

Answer 7

Protecting under 18s:
Broadcasters must take all responsible steps to protect those under 18. Children in this rule are under 15.

The TV watershed:
Rule 1.4 says that tv broadcasters must observe the 9pm watershed and material unsuitable for children must not be broadcast pre-watershed.

Times when children are likely to be listening to radio:
The term watershed is not used for radio.

Protecting children involved in programmes:
The Broadcasting Code’s rule 1.28 says broadcasters must take due care over the physical and emotional welfare and the dignity of children under 18 who take part or are involved in programmes.

Question 8

What are the public interest exceptions in the Broadcasting Code?

Answer 8

Section 8 says that examples of public interest include:

• revealling or detecting crime.
• protecting public health or safety.
• exposing misleading claims made by individuals or organisations.
• disclosing incompetence that affects the public.

Question 9

Recap of major points

Answer 9

• Broadcast journalism is regulated by Ofcom.
• Broadcast organisations must comply with the Broadcasting Code.
• Ofcom can fine broadcasters for the worst transgressions of the Code and can close a commercial broadcaster which persistently or recklessly flouts it.
• There must be due accuracy and due impartiality in all broadcast news.