Home > About Ofcom > Corporate Structure and Governance > Fairness Committee > Terms of Reference

Functions and role

The Ofcom Board has delegated the discharge of certain functions in relation to fairness and privacy complaints to a committee known as the Fairness Committee.

Terms of Reference

Duties

1. The duties of the Fairness Committee shall be:

1. To decide whether to entertain or proceed with the consideration of fairness and privacy complaints where such decisions have been referred to it by the Executive as appropriate (for example, due to their complexity).
2. To decide whether to entertain or proceed with the consideration of fairness and privacy complaints where either one or both of the parties are dissatisfied with decisions by the Executive and where the grounds for review (as set out in Ofcom’s “Guidelines for the handling of fairness and privacy complaints”) have been established.
3. To consider, and adjudicate, on fairness and privacy complaints referred to it by the Executive as appropriate (for example, due to their complexity).
4. To consider, and adjudicate, on fairness and privacy complaints where either one or both of the parties are dissatisfied with provisional decisions by the Executive and where the grounds for review (as set out in Ofcom’s “Guidelines for the handling of fairness and privacy complaints”) have been established.
5. To conduct hearings of fairness and privacy complaints.
6. To decide whether to make directions for publication of summaries of fairness and privacy complaints and Ofcom’s findings where it has itself adjudicated.
7. To settle and approve adjudications of complaints it has adjudicated upon and by delegation to the Chairman or any other Content Board Member of the Committee for signature.
8. To settle and approve any press releases regarding adjudicated complaints in consultation with the Director of Communications or by delegation to the Chairman as appropriate.
9. If appropriate, to refer to the Executive for investigation apparent serious breaches of Ofcom’s fairness code and if necessary for the Content Sanctions Committee to consider the imposition of a sanction.

Authority

2. All decisions of the Fairness Committee are final and not subject to internal review, reconsideration or appeal.

Membership

3. The Committee shall consist of a maximum of four members, all of whom shall be drawn from the Content Board.

4. Both the Chair and Deputy Chair of the Fairness Committee shall be appointed from the part-time members of the Content Board (which, for the avoidance of doubt, could include the Chair or Deputy Chair of the Content Board). The meetings themselves may be chaired by any member of the Content Board as designated by the Chair or Deputy Chair. A quorum shall be three, with a least one member being a part-time member of the Content Board (which could be the Chair or Deputy Chair of the Fairness Committee when he/she chairs the Committee). Members’ attendance through telephone or videolink is permissible for the purposes of determining a quorum. Where the Chairman or Deputy Chairman of the Committee considers it appropriate decisions may be taken by email. The Content Board members shall be drawn on a rolling basis. If the Committee is unable to reach a consensual decision, the member chairing the meeting shall have a casting vote.

Meetings – attendance and arrangements

5. The Committee shall be attended by the assigned Programme Executive, legal adviser, and, as appropriate, any other Ofcom colleagues and observer(s).

6. The Programme Executive shall take a full note of meetings (including hearings) and keep proper records of all Fairness Committee decisions.

Frequency of Meetings

7. Meetings shall be held on an ad hoc basis as and when required.

Reporting Procedures

8. The Committee will report to the Ofcom Board through the Content Board.

Back to top