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06|12|04

Minutes of the Twenty First Meeting of the Ofcom Content Board, held at Riverside House, London on 6/7 December 2004

Present

Sara Nathan	Deputy Chairman (Chair)
Sue Balsom	Member (minutes 7 – 56)
Floella Benjamin	Member
Kevin Carey	Member
Jonathan Edwards	Member
Pam Giddy	Member (minutes 1 – 25)
Rosemary Kelly	Member
Matthew MacIver	Member (minutes 22 – 51)
Adam Singer	Member
Kath Worrall	Member
Kip Meek	Senior Partner, Competition and Content (Ofcom)
Tim Suter	Tim Suter Partner, Content and Standards (Ofcom)

In Attendance

[Withheld from published minutes]

Apologies

Richard Hooper Chairman

Chairman’s Introduction

1. The Chairman welcomed all present to the meeting. All Members of the Content Board gave their congratulations to Floella Benjamin and Sue Balsom for their recent achievements; Floella Benjamin had received the BAFTA Special Award for outstanding contribution to television at the 2004 BAFTA Children's Film and Television Awards. Sue Balsom had been awarded the titles of “Welsh Woman of the Year” and “Welsh Business Woman of the Year”.

Draft Broadcasting Code: Plan of work

2. A paper and an annex containing a proposed timeline had been circulated in advance of the meeting. [Withheld from published minutes] gave a report to the Content Board which outlined the approach the executive believed was the most appropriate to handle the many policy decisions necessary to create Ofcom’s Broadcasting Code, following the recent consultation. The Content Board NOTED that due to the quantity and quality of responses received during the consultation the executive was proposing a change in the timetable for publication of the final Code to ensure that adequate time was devoted to considering changes required to the draft Code. Publication was now likely to be in May 2005. This approach was ENDORSED by the Content Board.

3. It was NOTED that whilst the whole Code would require approval by the Ofcom Board much of the detailed discussion on certain of the Code guidelines would take place only at the Content Board which would make strong recommendations to the Ofcom Board.

4. The Content Board considered and APPROVED the proposed timetable set out within the structure of the monthly Content Board meetings.

Draft Broadcasting Code: Consultation Research with Under 18s

5. The Content Board received a presentation by [Withheld from published minutes] and [Withheld from published minutes], which covered research undertaken with children under the age of 18 on the proposed Broadcasting Code. The overall objective of the research had been to consult with young people directly under the age of 18 on the meaning, appropriateness and value of key programme Code provisions that had been designed to protect them. It was NOTED that this research had been commissioned as traditional methods of consultation would not have elicited responses from this section of the audience.

6. The presentation focused on the contextual background of the children who took part in the research, a summary of the children’s opinions surrounding protection of the under 18’s within the Code and an overview of responses gained to specific consultation areas.

7. The Content Board discussed a number of the themes raised by the research and questioned the assumptions upon which the research had been based; some disappointment was NOTED in that the four schools chosen to take part in the research did not adequately represent the geographic or urban/rural spread of the UK as two out of the four were London based which rather over-represented the metropolis. It was noted in response that, due to the qualitative nature of the research, the research team did not believe that the results had been adversely affected by the choice of geographical location of the schools.

8. The results of the research were NOTED and it was AGREED that the key findings would be borne in mind when reviewing areas of the Broadcasting Code.

Draft Broadcasting Code: Elections

9. [Withheld from published minutes] presented a number of papers, in relation to Election and Referendum Reporting, which had been circulated in advance of the meeting. The Content Board was briefed on the issues raised during the consultation.

10. [Withheld from published minutes] It was NOTED that this was a provisional recommendation since this issue would return to the Content Board for a further review as part of the finalised complete Code and statement before proceeding to the Ofcom Board for final approval before publication.

Draft Broadcasting Code: Misleading material – respect for the truth

11. [Withheld from published minutes] and [Withheld from published minutes] presented a number of papers in relation to the issues surrounding a proposed recommended change to rule 2.2 of the Broadcasting Code which currently required factual programmes to respect the truth. [Withheld from published minutes]

12. The Content Board NOTED that the recommendation of the executive was that a rule on misleading material in factual programmes was fundamental to broadcasting and should be incorporated in this rule in the harm and offence section of the Broadcasting Code. [Withheld from published minutes]

13. [Withheld from published minutes] In the meantime it was RECOMMENDED that definitions of inaccurate and misleading material should be drafted and agreed and all possible solutions to the issue should be explored.

Draft Broadcasting Code: Crime & Payment

14. The Content Board received a report from [Withheld from published minutes] and [Withheld from published minutes] in relation to papers circulated in advance of the meeting, which outlined the issues identified as a result of consultation on section three of the Broadcasting Code which dealt with crime. The objective of the Code in this area was to ensure that material likely to encourage or incite the commission of crime or lead to disorder should not be broadcast.

15. The Content Board discussed two key issues which were identified in the paper in respect of proposed rule 3.3 and rule 3.6. [Withheld from published minutes] The points made in the paper and the strength of the broadcasters’ representations on this issue in relation to this new rule were acknowledged by the Content Board. There was a discussion about whether this proposed new rule was a necessary to achieve the objectives set out in section 319 of the Communications Act or whether such a rule was in fact based on a desire to aid transparency for the audience. It was REQUESTED that further work be undertaken on whether Ofcom could include such a rule for the sake of transparency, or whether it needed to be linked to the standards objective directly; and if so, whether the audience could be informed of the fact that a payment had been made (even if the amount was not disclosed) and whether such a rule (requiring broadcast) could be in contravention of individual civil liberties.

16. The Content Board AGREED to postpone a final recommendation on rule 3.3 pending further clarification on the above.

17. [Withheld from published minutes]

18. Content Board members considered both sides of the argument, taking account of the points made in the paper and on balance provisionally APPROVED the continuation of the rule but amended as recommended by the Executive [Withheld from published minutes] It was NOTED that this was a provisional recommendation since this issue would return to the Content Board for further discussion as part of the complete draft Code and statement before proceeding to the Ofcom Board for final approval before publication.

Scenarios for change in ITV PSB delivery

19. [Withheld from published minutes] introduced [Withheld from published minutes] who made a presentation entitled “ITV Schedule Scenarios 2005 and Beyond”, which looked at the current ITV Schedule, recent changes to it and possible changes to the ITV schedule between now and probable digital switchover in 2012 which took into account probable changes to PSB programming provision. It was noted that Ofcom must set or agree various Tier 2 production and output quotas for the Public Service TV Broadcasters and must consider any proposals from such broadcasters if they wish to make ‘significant change’ to the character of their services. Ofcom has indicated willingness to consider proposals for ‘significant change’ at any time but the likelihood was that requests for ‘significant change’ would arise when the statements of policy from the Public Service Broadcasters were received for the forthcoming year. Ofcom is anticipating a request for change from ITV now and in the run up to digital switchover.

20. The Content Board reviewed the key changes that had been made to the ITV programme schedule over the last few years and possible changes to it now and for the future. The key issues raised by the presentation were discussed in some detail, and included:

The commercial impact of different programming;
The flexibility allowed as a result of the rules on amount of advertising;
PSB requirements and considerations – including regional programming; and
Options for children’s programming and the possible effect of a change in the amount of ITV’s children’s programming on the BBC.

21. [Withheld from published minutes] It was further NOTED that a copy of the recent Early Day Motion relating to ITV Regional programming would be circulated to all Members.

22. The presentation anticipated areas of PSB provision which ITV may wish to change over time. [Withheld from published minutes]

Minutes of the Meeting held on 15 & 16 November 2004

23. It was requested that a number of amendments be made to the minutes of the Content Board meeting held on 15 and 16 November 2004 -specifically minutes 21 and 28. It was AGREED that the draft minutes would be re-circulated to Content Board Members for approval. It was also REQUESTED that the amended minutes of the Content Board meeting held on 11 and 12 October 2004, be re-circulated to Content Board Members.

24. A discussion regarding the style of the minutes adopted by the Content Board, resulted in a request from a number of Members of the Content Board for a change in style to a format which captured key aspects of the discussion. It was AGREED that the Chairman would liaise with Graham Howell accordingly.

25. The Content Board received an update from [Withheld from published minutes] on a matter arising from the minutes of the previous meeting (minute 35) regarding the Advisory Committees. [Withheld from published minutes] noted that he was currently working on a review of the governance arrangements for the Advisory Committees and would be reporting to the Ofcom Board in January; part of the review would cover the relationship of the Advisory Committees with the Content Board and specifically the Members of the Content Board for the Nations. Rosemary Kelly, the Member for Northern Ireland, offered to assist [Withheld from published minutes] in clarifying the position of Nations Content Board members and the Advisory Committees.

Rolling Forward Plan of Content Board Agendas

26. Graham Howell introduced the schedule setting out the rolling forward plan of the Content Board agenda to April 2005. The Content Board NOTED the schedule and that more detailed forward planning for 2005 was being undertaken by Graham Howell and Tim Suter for presentation at the January Board meeting.

Ofcom Board - Action Points 42(04) & 43(04)

27. Kip Meek reported on the Ofcom Board meetings held on 9 and 23 November 2004. The main points to note were:

9 November 2004

That a series of meetings had been held with mobile network operators; and
That the Board had considered the response to the Digital Replacement Licences consultation, an update on the PSTB Review, proposals within the Digital Radio Review on Licensing Multiplexes using Band III Spectrum and a paper on the relationship between Ofcom and the BBC.

23 November 2004

That a meeting had been arranged on 10 December 2004 for Channel 4 to present their proposals to a sub-set of the Board and Content Board;
That the Board had approved the Radio Review for publication;
That the Board had undertaken a review of the costs associated with BT’s copper Local Access network;
That the Board had made a number of decisions in relation to Spectrum Trading Regulations and had made a number of comments on the Spectrum Implementation; European Lobbying Plan;
That the Board had approved a consultation document on the Universal Service Review.

Radio Licensing Committee (25 November 2004)

28. Kip Meek updated the Board on the Radio Licensing Committee (RLC) meeting held in November; preliminary discussion had been undertaken over 192 Community Radio applications and the licence applications for the Ashford licence. It was NOTED that the RLC meeting in December would be making decisions on the award of the Edinburgh and Blackburn licences.

Members’ Interests

29. The following Members declared interests (Floella Benjamin’s for incorporation in the Register of Members’ Interests):

Floella Benjamin was to take part in the ‘Out of Africa’ programme, on the BBC, and was in discussion with Five and the BBC.
[Withheld from published minutes]
[Withheld from published minutes]

Ofcom’s Annual Plan

30. The Content Board received a presentation from [Withheld from published minutes] on the current position of the Ofcom Annual Plan. The presentation outlined the steps which had been taken to date in developing the plan, the emerging plan structure and content and the next steps which were to be undertaken.

31. The Content Board NOTED that this item had been included on the Agenda in order to give the Content Board an opportunity to be involved in the discussion about the final stages of the production of the Ofcom Annual Plan although the item had been added at short notice. Members were concerned that they had not been given more notice of the proposed discussion and had not had much involvement in the planning process. It was AGREED that a copy of the presentation would be circulated to Content Board members. It was NOTED that comments from all members were welcomed, and should be made to [Withheld from published minutes].

PSTB Review Phase 2: Consultation responses/PSP tender

32. [Withheld from published minutes] made a presentation which covered an overview of the issues in Phase 2 of the Review, the substantive responses received to the Review consultation from the public service broadcasters, the view from the Nations and Regions and the outcome of the PSP tender event which had been held on 2 December 2004. It was NOTED that the responses received would be sent to Content Board members on request or could be accessed on the website.

33. It was reported that the PSP tender event had been well moderated and was felt to have been a success. It was RECOMMENDED that consideration be given to encouraging radical as well as traditional thinking in relation to the PSP, and to attracting non-broadcasters as well as broadcasters, from a wide age range, to take part in the debate. It was also REQUESTED that thought be given to how providers of television for children and young people could be encouraged to be involved.

34. It was NOTED that work was being undertaken on three areas (Channel 4, the PSP and Nations and Regions), which would result in two or three options on each area being brought to the Content Board for consideration on 5 January 2005. The plan for the creation of options prior to publication of the Phase three consultation was welcomed.

35. Concern was expressed in relation to the timing of publication of the report to avoid the issue becoming affected by the possible forthcoming election; and in relation to current external debate regarding regional non-news programming. It was AGREED that Ofcom should clearly reinforce its position and work to dispel public misunderstanding about the current discussion and proposals on regional non-news programming. [Withheld from published minutes] It was also REQUESTED that when discussing the PSP, Ofcom keep in mind children’s programming and the possible impact of a reduction in the profitability of advertising during children’s programmes on the amount of such programming being broadcast for children in the future.

Media Literacy Research Plans

36. The Content Board received a report from [Withheld from published minutes] and [Withheld from published minutes] on a paper which outlined the plans proposed by the executive for research into media literacy, which was one of the three key strands of media literacy work agreed following the consultation in June 2004. It was NOTED that the Content Board had previously reviewed the responses received to the consultation and agreed the proposed approach set out in a paper presented at its October 2004 meeting.

37. The current paper recommended that Ofcom institute a wide-ranging research programme to investigate current levels of media literacy and emerging media literacy issues across the range of media platforms and establish a tracking study together with a number of ‘high profile’ research projects. It was NOTED that Ofcom’s media literacy research plans would take account of the comments and recommendations of its Media Literacy Research Forum. It was AGREED that the membership of the research forum would be communicated to the Content Board and that a copy of the research undertaken by the ITC and BSC in 2003, in relation to media literacy as part of the school curriculum, would be sent to Rosemary Kelly.

38. During the discussion it was confirmed that:

[Withheld from published minutes]
A separate strand of research would be focused on labelling; and
Input on diversity would be sourced from a variety of organisations and that a key part of the research specification provided to research agencies would be in relation to diversification.

39. After consideration, the Content Board APPROVED the proposed 2004/5 plan for media literacy research as outlined in the paper.

Food Advertising and Children

40. [Withheld from published minutes] gave a presentation, which updated the Content Board on progress which had been made in relation to Food Advertising and Children. The presentation reminded members of the original research findings and the development of strategy. It then summarised the conclusions of the recent Health White Paper and the implications for Ofcom.

41. The Content Board NOTED that the next steps for Ofcom were:

To consider the White Paper proposals and partial RIAs;
To consider the FSA’s Signposting research;
To develop policy options, with full RIA on each option; and
To consult on the new rule proposals in 2005.

It was NOTED that the internal work would continue in parallel with the FSA’s nutrient profiling consultation and that the rules would need to be in force by 2006 to meet the Department of Health 2007 deadline for measuring the extent of change in food promotion.

42. A brief explanation of the FSA’s signposting options was given to the Content Board. It was recognised that if such a scheme was implemented, consideration would need to be given to the possible impact on Ofcom policy options.

43. It was NOTED that once the FSA’s consultation was complete an update on this item would be brought back to the Content Board. It was AGREED that the relevant section of the Health White Paper and the FSA’s study on signposting would be circulated to members of the Content Board.

Digital Replacement Licence Valuation

44. The Content Board received a presentation by [Withheld from published minutes] which covered the background and current terms of Digital Replacement Licences, the basis for a review of the licence terms on a hypothetical auction basis and the role of Ofcom within this process. The aim of the presentation was to clarify how the valuation would work in practice and how it linked with the PSTB Review.

45. The Content Board discussed a number of the key issues raised in the presentation. During the discussion the following points were NOTED:

The revised terms would be announced in mid December 2004;
The current terms of licences would continue until the revised terms had been accepted;
There was a direct linkage between PSB obligations and the licence fee;
There was no flexibility to reduce the licence term of ten years;
That Ofcom was obliged to offer a review of the licence terms; and
That the licences held by ITV Plc were to be reviewed and terms set on an individual basis.

Freedom of Information Act

46. Graham Howell provided the Content Board with a brief update on a paper which had been circulated in advance of the meeting, which outlined a number of issues surrounding the Freedom of Information Act and the responsibilities and actions which are required of Ofcom. The Content Board NOTED that a slightly different system was being adopted in Scotland under the Scottish Freedom of Information Act.

47. It was NOTED that further guidance for Content Board members would be circulated in due course.

Content and Standards Report

48. [Withheld from published minutes] updated the Content Board on programmes currently attracting complaints. The Content Board was also updated on the outcome of recent Fairness Committee and Content Sanctions Committee hearings.

Matters for External Communication

49. [Withheld from published minutes] outlined Ofcom’s recent activities and forthcoming announcements.

Any other business

a) Future meetings

50. It was REQUESTED that a note be circulated during the week commencing 13 December 2004, to the Content Board, with details regarding the circulation of papers for the additional meeting in January.

51. Content Board members were advised of details regarding the reception planned for the evening of 17 January 2005.

Date of next meeting

52. It was NOTED that the next meeting would be held on Wednesday 5 January 2005 at Riverside House at 11.00am.