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10|04|06

Minutes Of The Thirty-Eight Meeting Of The Ofcom Content Board Held At Riverside House, London on 10 & 11 April 2006

Present

Philip Graf Chairman
Sue Balsom Member (minute 1 to 57)
Floella Benjamin Member (minute 1 to 30)
Kevin Carey Member (minute 1 to 19 and 31 onwards)
Matthew MacIver Member (minute 12 onwards)
Adam Singer Member (minute 1 to 30)
Tim Suter Partner, Content and Standards (Ofcom) (minute 1 to 19 & 31 onwards)
Kath Worrall Member

Apologies

Pam Giddy Member
Kip Meek Chief Policy Partner (Ofcom)
Sara Nathan Deputy Chairman

In Attendance

Graham Howell Secretary to the Corporation (minute 1 to 30)
Lisa Harmshaw Assistant Secretary to the Corporation

Other Ofcom Colleagues

Broadcast Training & Skills Regulator (BTSR): activities & plans for 2006 – CB 39(06)

1. Members RECEIVED a brief presentation from the BTSR reflecting back on the range of work undertaken to date together with examples of the types of initiatives being undertaken by broadcasters in training and development, as well as their role and plans for the coming year.

2. The presentation highlighted that BTSR have been developing a system to allow broadcasters to undertake development and training and understand the impact that this can have on the industry. In addition, the BTSR are now looking for ways to spread good practice and draw on the strengths of those who have embedded training and development within their structure.

3. As a result of the presentation and discussion, the following points were highlighted:

Members SUGGESTED that the BTSR could have an awards scheme to showcase best practice within the industry. In response, the BTSR confirmed that they had considered linking in with the National Training Awards and that more thought is being given to this idea.
Members asked about the relationship between BTSR and Trade Unions. BTSR responded that they have engaged well to date with Trade Unions via Ofcom and broadcasters.
Members SUGGESTED that specific questions should be asked about whether diversity training is being undertaken. BTSR confirmed that they had not specifically asked questions regarding this aspect but could consider it for the future.
Members SUGGESTED that compliance was an area to be included in training programmes. This was NOTED.

4. Members also asked whether the BTSR required anything further from Ofcom and how they felt the relationship was working. BTSR praised the colleagues that they had been working with to date and felt that the familiarity had enabled the relationship to grow positively. Next steps included further familiarity, better understanding of Ofcom priorities and scope for focused studies and evaluation.

5. Members REQUESTED that the BTSR return to the Content Board in six months to update on the progress made on the 2006/07 priorities and how Ofcom and the BTSR can work closer together.

The Communications Market: Nations & Regions – CB 40(06)

6. In addition to the report, Members RECEIVED a presentation on the findings of the Nations and Regions Audit project. It was NOTED that the report would be published at the end of April, with a follow up statement on policy implications to be published in late summer.

7. The presentation HIGHLIGHTED the background to the project, the key findings and conclusions. Members NOTED that socio-economic profile and where people live are the most important determinants of the availability, take-up and consumption of communications services.

8. Members NOTED that this work linked in especially well with that done on media literacy and FELT that it was important that both pieces of work were linked together.

9. The policy issues raised as a result of undertaking the project were HIGHLIGHTED to members and it was NOTED that the team would return to the Content Board in June to discuss this phase.

Media Literacy: supplementary reports for the Nations & Regions and Children – CB 41a(06) & CB 41b(06)

10. In addition to the Nations and Regions report, the report on Children’s Media Literacy was tabled for members and it was NOTED that this would be discussed at the next Content Board meeting in May.

11. Members RECEIVED a brief presentation on the findings from the Nations and Regions Media Literacy audit, the contents of which were NOTED. In addition it was HIGHLIGHTED that a number of seminars have been planned to promote the report and that a member of the Media Literacy Team would be present at each. Members SUGGESTED that the Team pull out points from the report which were relevant to regional areas before attending Seminars to ensure specifics are highlighted. This was NOTED.

12. Members commended the Team on yet another excellent report and were pleased to see this link to the Nations and Regions Communications project.

13. The Content Board QUERIED whether it was appropriate to publish the report in the lead up to local elections in England. It was confirmed that this had been investigated and clearance had been given for publication.

Television Production Sector Review: update

14. Members RECEIVED a verbal update on the Television Production Sector Review, which was NOTED.

15. [withheld from published minutes].

16. Members were INFORMED of the issue over the definition of ‘qualifying independent producer’ and that a number of responses had been received on proposals to change the definition. In addition, Members were also INFORMED that letters to all interested parties had been sent out regarding New Media Rights with a deadline for high level agreement of 31 May, and that the Team were working towards undertaking a consultation soon after this date if agreement is not reached.

17. Members NOTED that two statements for this project would be published – Rights and Non Rights. Papers on both areas would be brought to the Content Board’s next meeting in May.

BBC White Paper – CB 42(06)

18. Members NOTED a paper on the BBC White Paper which outlined the governance of the BBC, with the exception of the licence fee arrangement, for the next decade.

19. Members DISCUSSED the key aspects of this for Ofcom which they felt were the economic issues and market impact assessments. Members also DISCUSSED the BBC Trust / Ofcom partnership and the likely public perception.

Future of Radio – CB 43(06)

20. Members were BRIEFED as to the purpose of this project and RECEIVED a brief presentation on its aims and policy goals, the contents of which were NOTED.

21. Members CONSIDERED this to be a timely project, given the enormous relicensing implications for AM and FM stations in a couple of years time.

22. Members ASKED whether manufacturers were being engaged regarding development of car radio systems for the future. It was confirmed that this was already underway and formed part of the ‘international’ questions that the project aimed to address.

23. It was NOTED that this project would return to the Content Board in July for an update.

Minutes of the Meeting held on 13 & 14 March 2006 (Content Board Minutes 37(06)) and Matters Arising

24. The minutes of the Content Board meeting held on 13 & 14 March 2006 were AGREED, with no amendments.

25. There was one matter arising from the minutes of the last meeting – it was confirmed that the paper on ‘Sport and Television’ would be presented to the May Content Board meeting.

Content and Standards Group Report

26. Members were UPDATED in relation to current Content and Standards people and policy issues.

Rolling Forward Plan of Content Board Agendas – CB 44(06)

27. Members NOTED the schedule given to them which set out the rolling forward plan of the Content Board agenda to the end of December 2006.

Ofcom Board Meetings of 28 February & 21 March 2006

28. Members received a report on the Ofcom Board meetings held on 28 February and 21 March 2006, the contents of which were NOTED.

29. As a result of the report back, the following was REQUESTED:

Members requested to be kept updated on the progress with the Award of 1452-1492 MHz spectrum
Floella Benjamin requested to see a copy of the advert for the Diversity Manager

Members’ Interests

30. Two Members declared interests for inclusion in the register of interests:

Floella Benjamin – in talks with the Baby Channel & UKTV
Adam Singer – Adam declared that he is Chairman of a company called 50 Lessons PLC which undertake management training and that they had recently signed a contract with the BBC

Appeal Review – CB 45a (06) & Guidance on Post Watershed Trailers and Promotions – CB 45b (06)

31. The Content Board CONSIDERED an appeal by Channel 4 against the Executive’s decision that the transmission of a trail for its new channel More4, broadcast on E4 at 00.10 on Monday 26 September 2005, breached Rule 2.3 of the Ofcom Broadcasting Code.

32. [withheld from published minutes].

33. [withheld from published minutes].

34. [withheld from published minutes].

35. [withheld from published minutes].

36. [withheld from published minutes]

37. [withheld from published minutes]

38. [withheld from published minutes]

39. Taking into account the points raised above, the Content Board AGREED not to uphold Channel 4’s appeal, but that amendments should be made to the original finding as noted above. Taking the above discussion into account, the Content Board DELEGATED powers to the Chairman of the Content Board to approve the full wording of the decision letter to Channel 4 and the appropriate amendments to the Adjudication.

40. Separately, Members turned to the guidance on post-watershed trailers and programme promotions which they had approved in January. In light of the above Appeal, the guidance had been delayed and Members were asked whether they wished to re-visit the guidance before publishing.

41. Members DISCUSSED the guidance and made the following suggestions: [withheld from published minutes]

42. Subject to the above points, Members AGREED the guidance on post watershed trailers and promotions, and DELEGATED powers to the Chairman of the Content Board to agree the final wording of the guidance outside of the meeting. Taking the above discussion into account, the Content Board DELEGATED powers to the Chairman of the Content Board to approve the appropriate amendments to the Guidance.

Fairness & Privacy revised procedure: consultation responses and approval of procedures – CB 46(06)

43. Members were REMINDED that they had approved the consultation document on the handling of Fairness and Privacy complaints in October 2005 and that the proposed revised procedures took account of responses to the consultation.

44. Members were INFORMED of the proposed changes to the procedures which included: the introduction of a method of dealing with complaints by way of ‘appropriate resolution’; the introduction of a 2 stage process for finalising Fairness Committee adjudications; amendments to deadlines for responses.

45. Members DISCUSSED the revised procedure and made the following comments:

Members were pleased with the introduction of ‘appropriate resolution’ and FELT that this was a sensible way forward of dealing with issues quickly and appropriately with Ofcom only intervening where necessary
Members REQUESTED a change of wording to paragraph 7, page 2 of the revised procedure regarding the ‘Entertainment Decision’. It was SUGGESTED that the sentence could read ‘…whether or not it can proceed with the complaint i.e. entertain, and is normally…’
Members REQUESTED a change to paragraph 2, page 1 regarding the complaints form to ensure that this is available both by post and via the internet, for those who do not have computer access.

46. Taking into account the points raised above, Members APPROVED the revised procedures for the handling of Fairness and Privacy complaints.

47. Members were also INFORMED on the recent statistics regarding fairness and privacy complaints. Members NOTED that complaints were up 47% from the historic yearly average.

Television Quiz Channels: guidance to rule 2.11 of the Ofcom Broadcasting Code – CB 47(06)

48. Members RECEIVED a paper setting out proposed guidance to Rule 2.11 of the Code and outlining the approach between Ofcom and ICSTIS concerning the joint handling of complaints following a joint presentation to the Content Board on the subject in January 2006.

49. Members DISCUSSED the guidance and made the following comments:

Members SUGGESTED that alternative wording be used within the guidance instead of ‘…we believe’. Members FELT that this lacked authority and PROPOSED the alternative ‘…should be made clear…’, ‘…it was explained that this wording had already been subject to legal advice, but would be considered again.

50. Subject to the point made above, Members APPROVED the draft guidance to Rule 2.11 of the Ofcom Broadcasting Code which they felt was proportionate, striking an appropriate balance between both consumer protection and freedom of expression for broadcasters.

PSB Statement & Reviews Process – CB 48(06)

51. Members were REMINDED of the background to revising the approach towards PSB assessment statements and reviews. Previously broadcasters have not responded to informal pressure to undertake self-critical assessment and the proposal is now to focus more on the statement, and to orientate the review process towards objective data such as output, spend, ratings and the PSB tracker findings, which would be published by Ofcom on the same day as the broadcasters' publication. Members were ADVISED that this approach was still within the existing parameters of the guidance note, which would not require change/consultation. If recommended changes were agreed by the Content Board, these would be discussed with the broadcasters and confirmed to them in writing by Philip Graf.

52. Members discussed the revised process and made the following comments:

[withheld from published minutes]
Members FELT that ratings were important and requested that in future where a broadcaster quotes a programme within their review that they should be asked to provide data on audience size.
Members SUGGESTED that for the Border region, ITV be given the option to either publish a joint statement with the other English regional licensees or publish a separate document in Scotland.

53. Subject to the points raised above, Members APPROVED the new approach as set out within the paper.

Cross Promotion: responses to the consultation & proposed approach to the statement – CB 50(06)

54. Members were ADVISED that the draft statement had been discussed at Policy Executive earlier in the week and subject to some minor amendments was approved. It was AGREED that the statement would be circulated to all Content Board Members.

55. Members were ADVISED of the proposed changes to the consultation version of the Cross Promotion Code.

56. Members DISCUSSED the revised Code and made the following comments:

Members SUGGESTED using the phrase ‘cable, satellite and ‘Freeview’ instead of listing individual examples as it was FELT to be unclear as the paper referred to 3 ways but gave 4 examples. It was confirmed that as ‘Freeview’ was a brand name, all brand names would have to be listed otherwise it would leave those services available on cable and satellite at a disadvantage.
It was SUGGESTED that promotions should also refer to the regional availability of services, e.g. Kingston. It was confirmed that this is still being considered as part of wider discussions.

57. Subject to the comments made above, Members AGREED that its advice to the Ofcom Board would be to agree the new Cross Promotion Code.

Standards Report

58. The Content Board RECEIVED an update on programmes which had been attracting complaints, as well as an update on the status of current Fairness and Content Sanctions cases.

Radio Licensing Committee 9 March 2006

59. Members were UPDATED on the Radio Licensing Committee meeting held on 9 March 2006.

External Communications

60. Members RECEIVED a written summary relating to Ofcom’s recent activities and forthcoming announcements. Members were REQUESTED to contact the Communications Office if they had any queries.

Any Other Business

61. The following other business was raised:

[withheld from published minutes]
Members REQUESTED that in future all papers and annexes be paginated. This was NOTED.

Date of Next Meeting

62. It was NOTED that the next meeting would be held on Monday 15 and Tuesday 16 May 2006 in Riverside House.

12 April 2006