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Annual Report of the Content Board

The guiding principle of the Content Board is to identify where the justified interests of UK citizens lie – in relation to broadcast content – and to intervene to the minimum extent necessary in the freedom of operation and of expression by the broadcasters.

The most significant event in the Content Board’s year was the publication of Ofcom’s first Broadcasting Code – a major project, which drew upon but significantly reshaped the previous programme content codes of the Broadcasting Standards Commission, Independent Television Commission and the Radio Authority. The Content Board’s overall aim was to ensure that freedom of expression could flourish while maintaining the importance of protecting children. The Content Board’s challenge was to do this against a backdrop of an ever-changing media environment, where the availability of audio-visual material is increasing.

In its first eight months of operation the new Code has had an encouraging start. It offers simpler and clearer rules, supported by crisp guidance on how to avoid contravention and Ofcom looks forward to continuing to work with broadcasters in implementing the Code.

Two judgements made by the Content Board underscored the approach to broadcast standards that the new Code establishes. First, the Content Board, under the chairmanship of my predecessor Richard Hooper, noted that the BBC’s broadcast of Jerry Springer – the Opera had generated an unprecedented number of complaints to Ofcom. The Content Board acknowledged that complainants clearly felt that the show denigrated the Christian religion and the representation of religious figures was offensive to some. However, in reaching its conclusion that the programme did not contravene the Code, the Content Board took into account the importance attached to freedom of expression, particularly in the context of artistic works, beliefs, philosophy and argument. Jerry Springer – the Opera was also seen as an important work and commentary on modern television and – crucially – the BBC had gone to considerable lengths to provide potential viewers with information to enable them to make an informed judgement on whether to watch.

The second significant decision the Content Board considered was whether to allow the more explicit form of ‘adult’ content, known by the BBFC classification as R18, on cable and satellite television. This decision centred on whether protection mechanisms – PIN numbers and so forth – provided adequate security to prevent access by children. The Board concluded that, currently, for the strongest sexual material they do not, and therefore recommended to the main Ofcom Board that the restriction should remain. As technology develops, the judgement may change.

Also in the standards area, Ofcom had already contracted out broadcast advertising to a co-regulatory body, the Advertising Standards Authority. The Content Board received reports on the operation of the new system which appeared, in its first full year of operation, to have led to no reduction in advertising broadcast standards. The Content Board also contributed to the policy options and in particular to the design of the research for the consultation on new restrictions on the advertising to children of food and drink products which are high in fat, salt and sugar content.

A vital, statutory, role for the Content Board is to reflect to Ofcom the interests of the nations and regions of the UK, in relation to decisions about content. The Content Board gave a strong steer to the Ofcom television production sector review, concerning production outside London. The Content Board also emphasised the importance, in the future, of new television distribution mechanisms as part of Ofcom’s report on digital local content.

Ofcom published its strategic review of the radio sector and, drawing on advice from the Content Board, advocated the long-term withdrawal from intrusive ‘input’ regulation, focusing instead on the formats and actual content. At the same time, the Content Board reaffirmed the importance of local content in local radio, and confirmed the guidance for stations in how to achieve the necessary engagement with their communities.

I have been fortunate in inheriting the Content Board that Richard Hooper and Sara Nathan recruited and shaped. The Content Board has already established a strong and consistent approach to our regulation of content. Maintaining this will be essential as we move swiftly into a new regulatory environment, as the communications sector rapidly evolves and as consumer attitudes and preferences change. In the future it is likely that there will be less emphasis on external regulation of content and more emphasis on enabling audiences to make informed choices, through clear labelling and improved means of navigation among new and newly converged forms of media. Above all, as the content industries continue to evolve, the primary justification for restriction of freedom of expression by broadcasters will relate to the protection of children and young people.

Closely linked to this is the Content Board’s role in supervising Ofcom’s continuing Media Literacy project. During the period under review, this led to the publication of important research into current levels of access to the full range of media, and differing abilities to understand and to create content.

The Content Board also gives advice to both the Executive and the main Ofcom Board on projects that are shaping future content provision. This will include further development of the Public Service Publisher concept as a way of sustaining public service broadcasting; work to ensure that Ofcom maximises the digital dividend that will result from digital television switchover; and the convergent media project to develop a regulatory model that is appropriate for future media content.

I look forward to leading the Content Board in addressing these challenges.

For details of the work of the Fairness and Content Sanctions committees, see pages 85 to 86 of Section C.

Philip Graf CBE, Chairman, Content Board

Figure 2: The Content Board made the following decisions and recommendations to the main Ofcom Board or Radio Licensing Committee:

‘Tier 1’ – standards and other industry codes	‘Tiers 2 and 3’ – public service television	Radio formats	Media literacy	Major reviews
Approved the final draft of Ofcom’s Broadcasting Code, published in May 2005 Agreed changes to the Advertising Code in relation to alcohol and health claims Considered changes to the process for handling complaints about unfair treatment and infringements of privacy in radio and TV programmes Adjudicated on the 8,860 complaints about BBC Two’s Jerry Springer –the Opera, concluding that the relevant broadcasting code had not been contravened Turned down an appeal from the BBC against the Executive’s decision to record a contravention of the standards requirements of the relevant broadcasting code for transmitting Pulp Fiction too early in the evening Approved proposed reform of rules governing cross-promotion between broadcasting services Approved new Ofcom guidance on acceptable standards in live news programming and in broadcast trailers	Approved proposals for research and ‘stakeholder seminars’ to assess the effectiveness of delivery of Public Service Broadcasting; the topic of the first such seminar was current affairs programming Considered annual statements of policy and reviews by commercial Public Service Broadcasters, and agreed that these conformed to the Ofcom Note of Guidance Approved Ofcom’s revision of quotas for non-news programmes on ITV1 in Scotland, Wales and Northern Ireland Agreed to discontinue the upward ‘ratchet’ of Five’s original production quota, but fixed it at a higher level – 55 per cent – than the broadcaster had requested	Agreed to aspects of format changes proposed by Classic Gold AM and Star Radio, but declined others Declined to agree to a change in format for the Kix 96 radio station in Coventry	Agreed plans for an audit of media literacy in the UK and set Ofcom’s policy in relation to media literacy for the coming year Agreed that Ofcom should support the industry Media Literacy Task Force, but should not become a signatory to its Charter	Approved the policy proposals and text of the Ofcom Radio Review Supervised the design of the Television Production Sector Review, and agreed policy options and text of the report Provided input to policy options and text for Ofcom’s consultation, Television Advertising of Food and Drink Products to Children Supervised design of the project on regulation of Convergent Media Established the approach followed in a published report on the future of Digital Local Content, and approved the text of the report

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