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The delivery and consumption of media content is undergoing significant change in the UK. A few years ago broadcast content was available on just television or radio; today broadcasters are delivering services over the internet, on mobile devices, on digital television and radio, as well as on the traditional analogue platforms. Many consumers no longer simply tune into the television or radio for to scheduled programming; today they view or listen to the content of their choice when and where they want, and obtain many different services on one platform.

With this change comes uncertainty: uncertainty for some consumers in their ability to make informed choices and obtain value for money; uncertainty around the traditional approach to content regulation; and uncertainty over the future delivery of public service broadcasting content in this digital age.

The Content Board is a committee of the main Board with delegated and advisory responsibilities for a wide range of broadcasting content issues and media literacy. In 2006/7 the Content Board’s wide-ranging work programme placed these issues at the forefront and I asked individual Members to take responsibility for specific projects, which I will come on to later in this report. In 2006/7 the Content Board also addressed more traditional policy matters related to linear television and radio broadcasting.

Work in 2006/7

In television broadcasting, the Content Board approved the first Ofcom Public Service Broadcasting (PSB) Annual Report, which detailed the appeal and effectiveness of PSB in the UK. This included new research on audience attitudes to PSB delivery on the various channels, as well as extensive data about programme output and viewing patterns. The report provided a valuable source of objective industry data as a baseline for use alongside the broadcasters’ own documents.

The Board was involved in the launch and policy discussion surrounding Ofcom’s first Media Literacy Audit of the UK and the development of a common framework for providing viewers with information about potentially harmful or offensive audio-visual content. At the end of 2006/7 Members provided the strategic direction in the current review of Ofcom's priorities for the promotion of media literacy over the next three years.

Another theme of the year was growing concern over television and radio programmes that charge viewers to interact with them, such as quizzes. Ofcom launched a major inquiry, led by non-executive Content Board member Richard Ayre, formerly Controller of Editorial Policy at the BBC, focused on apparent abuses connected with the use of premium rate telephone services. The inquiry was due to report after the period under review. Ahead of this, the Content Board also approved strengthened guidance to the Broadcasting Code rules for viewer competitions. For details of Ofcom’s work in relation to participation television and quizzes see the Chief Executive’s Report on page 7.

The Content Board remained engaged with Ofcom’s work in connection with the European Audio-Visual Media Services Directive (AVMS). It welcomed recognition for Ofcom’s position that future regulation under the Directive should be confined to television-type services, rather than all forms of internet content. The Board favours a modest relaxation of product placement in programmes; further action on this will be dependent on the finalisation of the AVMS. The Board also agreed, subject to certain safeguards, the sponsorship of channels, in addition to programmes, and appeals for donations to television broadcasters themselves, as well as for other charities. This brought television rules in line with radio.

The Content Board agreed a major consultation document on the future licensing and regulation of radio, reflecting in particular the increasing number of people listening on digital platforms, such as DAB and the internet.

The Board brought programming perspectives to the sensitive judgements made by Ofcom in relation to food advertising and children. It helped to strike the balance of protecting the nation’s health with the need to sustain quality programming on commercial television, and in particular to provide dedicated children’s output on the main public service networks and other children’s channels.

The Fairness and Privacy Committee, chaired by Kath Worrall, adjudicated on 29 of the most serious complaints, concerning alleged unfairness and invasions of privacy in programmes. For details of Fairness and Privacy Committee cases, see page 68 of Section C. For details of the Content Sanctions Committee, see page 69 of Section C.

2007/8 and beyond

As the boundaries between media blur, the application of traditional content rules become increasingly more difficult. The current model of binary regulation, where television is regulated and the internet is not, is being stretched.

In 2007/8 and beyond, the Content Board will help to shape Ofcom’s future approach to content regulation. The discussions around the AVMS Directive are a staging post for what will be the start of a transformation of the current model of regulation to a longer term vision for content regulation.

In public service broadcasting, the Content Board will contribute to the work on the next statutory review of PSB which will start later this year. The review will consider whether the existing approach to maintaining PSB may become unsustainable, particularly following the switch to digital television in the UK which will complete in 2012. The Content Board will examine the extent to which it is desirable for platforms to be subject to different regulatory frameworks as the same content is available on many different platforms. Members will also contribute to the further development of the concept of the Public Service Publisher, a commissioner of new media content focused on meeting public purposes. For details of Ofcom’s work in relation to PSB, including the financial review of Channel 4 and children’s programming, see the Chief Executive’s Report on page 7.

As the way media is produced, distributed and consumed changes, and as regulation adapts to this new digital age, it is important that people are able to assess for themselves when media is and is not regulated. For this reason, media literacy will be central to the Content Board’s work in the coming years. This will include a review of how Ofcom engages with other organisations to facilitate media literacy content and a research programme to understand how people relate to content and services.

Much of the Content Board’s work in these new areas is already under way. Our new Member for Northern Ireland, Paul Moore, is closely involved with media literacy work; Joyce Taylor, the new Member for Scotland, is taking a close interest in an Ofcom project on the future of children’s programmes; and similarly Richard Ayre with our study on the prospects for television news after digital switchover. In 2006/7 consideration of new guidance to protect children appearing in television programmes was led by Kath Worrall, together with Joyce Taylor and the Board’s Deputy Chair, Adam Singer. Anthony Lilley played a major role in scoping the potential role for Ofcom’s proposed Public Service Publisher.

Operation of the Content Board

In my first full year as Chairman, I conducted a review of the Content Board’s operations. This resulted in a slight reduction in membership to 12, shorter and more focused formal monthly meetings, and a new approach to meetings with broadcasters and other stakeholders, aligning this firmly to projects with which the Content Board was actively involved.

We also welcomed to the Content Board Millie Banerjee, who replaced Sara Nathan, the outgoing Deputy Chair, as the Main Board representative on the Content Board. Ofcom’s Director of Standards, Chris Banatvala, joined as an Executive Member in succession to Kip Meek, who stepped down towards the end of 2006 prior to his departure from Ofcom.

May I take this opportunity to extend my gratitude to Kip, and to other founder members of the Content Board whose terms came to an end in 2006/7: Floella Benjamin, Kevin Carey, Jonathan Edwards, Rosemary Kelly and Matthew MacIver. I would also like to make special mention of Sara Nathan who was instrumental in establishing the Content Board in 2003 and who has been invaluable in helping to guide and inform the Content Board in its first few years.

Philip Graf, Chairman, Content Board

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