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Report from the Chairman of the Content Board

During the year the Content Board focused on four main areas:

Tier 1 regulation of broadcast standards and fairness across all broadcasters including the BBC (with the exception of accuracy and impartiality which is a matter for the BBC Governors);
Tier 2 regulation of production quotas;
Tier 3 regulation of public service broadcasting remits for the commercial public service broadcasters, closely linked to Ofcom's review of public service broadcasting; and
Media literacy, an area of statutory responsibility laid down in the Communications Act.

Figure 2 provides a summary of decisions reached and recommendations made to the main Ofcom Board.

Figure 2 Content Board activity during 2004/5
The Content Board made the following decisions and recommendations to the main Ofcom Board: approved revised guidelines for handling unfairness complaints from governments, political parties and politicians and other complaints involving politically controversial issues; approved revised rules on Party Political and Referendum Broadcasts; approved the establishment of an Ofcom Board sub-committee to handle Party Election Broadcast (PEB) matters and the application of impartiality rules; approved Ofcom's proposed approach, priorities and research plan for media literacy; approved Codes on Television Access Services and Electronic Programme Guides (EPGs); agreed to consult on the standard abbreviations to be used by EPG providers when referring to access services accompanying television programmes, and subsequently approved changes to the Codes on Television Access Services and EPGs requiring that abbreviations for subtitling, signing and audio description be used; approved revised content rules for television advertising of alcohol; provided input to Ofcom's conclusions in light of its research on food advertising and children; endorsed guidance on how Ofcom would exercise its discretion under the EU Television Without Frontiers Directive in relation to the enforcement of European programming quotas;	provided provisional approval of the draft Ofcom Broadcasting Code; provided input to the contracting out of the regulation of broadcast advertising content to a new co-regulatory system under the auspices of the Advertising Standards Authority (ASA); provided input into Phases 2 and 3 of the public service television broadcasting review; approved guidance on self-assessment by public service television broadcasters; approved the self-assessment reviews and statements of programme policy of public service broadcasters as having met with Ofcom Guidance in their preparation; approved the proposal by S4C to vary the minimum amounts of original productions, news and current affairs to be provided by S4C on its analogue and digital services on an interim basis; approved the proposal by five to reduce its set quotas for news, and to reduce its half-hour weekday news programme in peak-time to 15 minutes; approved proposals by the ITV Network for significant change to religious and children's programmes;	approved Guidance on the Eligibility of Religious Bodies to Hold Broadcasting Licences; ratified the appointment of Bishop Stack to the Central Religious Advisory Committee for three years from 1 November 2004, whilst expressing strong reservations about the method of appointment and recommending changes in the future; approved the Gaelic Media Service Corporate Plan 2004/5; approved the delegation of responsibility to a review panel in respect of the appointment of members (save the Chairman) to the Gaelic Media Service, and the approval of the Gaelic Media Service future Corporate Plans and Annual Reports; approved the proposal by Digital One to vary its national commercial DAB multiplex Broadcasting Act licence, to allow the launch of new data services using DAB technology; decided to consult on an application from Sunrise Radio Ltd to make a substantial change to the character of service of its radio station Easy 1035AM; and provided input into Phase 1 of Ofcom's Radio - Preparing for the Future review, which included localness in commercial radio.

Figure 2

Content Board activity during 2004/5

The Content Board made the following decisions and recommendations to the main Ofcom Board:

approved revised guidelines for handling unfairness complaints from governments, political parties and politicians and other complaints involving politically controversial issues;
approved revised rules on Party Political and Referendum Broadcasts;
approved the establishment of an Ofcom Board sub-committee to handle Party Election Broadcast (PEB) matters and the application of impartiality rules;
approved Ofcom's proposed approach, priorities and research plan for media literacy;
approved Codes on Television Access Services and Electronic Programme Guides (EPGs);
agreed to consult on the standard abbreviations to be used by EPG providers when referring to access services accompanying television programmes, and subsequently approved changes to the Codes on Television Access Services and EPGs requiring that abbreviations for subtitling, signing and audio description be used;
approved revised content rules for television advertising of alcohol;
provided input to Ofcom's conclusions in light of its research on food advertising and children;
endorsed guidance on how Ofcom would exercise its discretion under the EU Television Without Frontiers Directive in relation to the enforcement of European programming quotas;

provided provisional approval of the draft Ofcom Broadcasting Code;
provided input to the contracting out of the regulation of broadcast advertising content to a new co-regulatory system under the auspices of the Advertising Standards Authority (ASA);
provided input into Phases 2 and 3 of the public service television broadcasting review;
approved guidance on self-assessment by public service television broadcasters;
approved the self-assessment reviews and statements of programme policy of public service broadcasters as having met with Ofcom Guidance in their preparation;
approved the proposal by S4C to vary the minimum amounts of original productions, news and current affairs to be provided by S4C on its analogue and digital services on an interim basis;
approved the proposal by five to reduce its set quotas for news, and to reduce its half-hour weekday news programme in peak-time to 15 minutes;
approved proposals by the ITV Network for significant change to religious and children's programmes;

approved Guidance on the Eligibility of Religious Bodies to Hold Broadcasting Licences;
ratified the appointment of Bishop Stack to the Central Religious Advisory Committee for three years from 1 November 2004, whilst expressing strong reservations about the method of appointment and recommending changes in the future;
approved the Gaelic Media Service Corporate Plan 2004/5;
approved the delegation of responsibility to a review panel in respect of the appointment of members (save the Chairman) to the Gaelic Media Service, and the approval of the Gaelic Media Service future Corporate Plans and Annual Reports;
approved the proposal by Digital One to vary its national commercial DAB multiplex Broadcasting Act licence, to allow the launch of new data services using DAB technology;
decided to consult on an application from Sunrise Radio Ltd to make a substantial change to the character of service of its radio station Easy 1035AM; and
provided input into Phase 1 of Ofcom's Radio - Preparing for the Future review, which included localness in commercial radio.

When Ofcom began work, a number of us feared that Tier 1 issues - especially those to do with harm and offence or issues of accuracy - would swamp and distort Ofcom's work. In the period under review this has absolutely not happened; I would pay credit to the Content and Standards Group for the sensible and professional manner in which complaint handling and adjudication have been handled. The fortnightly Broadcast Bulletins are, I believe, clearly written and well-judged. I would also hope that these are seen as striking the right balance between due transparency and respect for views shared in confidence during what are often complex and finely-nuanced investigations.

We have spent much of the year finalising the new Broadcasting Code - the draft of which was published for consultation in July 2004. There were more than 900 responses. Drafting the new Code has presented an opportunity to look afresh at all aspects of content regulation, to pare back wherever possible and to recast the Code in the context of significant change in audience expectation and behaviour. The Code is a product of the Communications Act. As we have drafted and redrafted, the Content Board has had to consider how the legislation has changed the status quo prior to 2003, and how those changes might enable a new approach to regulation. For example, in the area of commercial involvement in programme-making, we have looked at ways we can reduce the regulatory burden on broadcasters whilst maintaining the important principle of editorial independence and continuing to safeguard the interests of citizens, viewers and listeners. Other changes in the law mean that the BBC is regulated in certain areas alongside commercial broadcasters.

In content regulation, the Act also supports a move away from the more subjective approach of the past, based on an assessment of taste and decency in television and radio programmes, to a more objective analysis of the extent of harm and offence to audiences. The result is a Code that is much shorter and is, more importantly, focused on providing protection to those who need it most, particularly children and young people.

One of the highlights of our Tier 2 work has been tightening up the definition of - and toughening our approach to - what constitutes regional production, in order to stop London-based production companies getting around the rules too easily. The new Codes of Practice governing terms of trade between the public service television broadcasters and independent producers appear to have moved some real ownership of rights from the former to the latter. The greater certainty offered by the Codes (which were pioneered by the ITC and taken firmly forward by Ofcom) have also helped independent producers to grow and raise capital from the markets. The prelude to our work on Tier 3 (the public service broadcasting remits for ITV1, Channel 4 and five) in the final quarter of the year was the Content Board's significant involvement in the development of the Ofcom public service television broadcasting review. The Content Board played a key role in addressing questions around non-news regional programming on ITV1, the increase in ITV1's regional production quota for network shows and the birth of the Public Service Publisher (PSP) proposal.

During the period under review, Ofcom's media literacy strategy was developed and announced. Ofcom's definition of media literacy concentrates on three areas - access, understanding and creation. Work to date, for which the Content Board has a statutory responsibility, includes proposals on research, navigational and labelling tools for the new media world and on information and signposting services to help people track the themes they are interested in.

I would like to thank the members of the Content Board who have addressed the range of policy and operational issues, offering rigour and a variety of experience in their consideration and giving often firm advice to both the Ofcom Board and the Executive. The Non-Executive and Executive members have worked well together on the Content Board, in a break from the tradition of the legacy broadcast regulators, where the boards contained only Non-Executives.

I would also like to thank the members of the Content and Standards Group as well as other colleagues from Ofcom who have given us first class service and support.

Richard Hooper CBE,
Chairman, Content Board

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Report from the Chairman of the Content Board

Content Board activity during 2004/5

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