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15|05|06

Minutes of the Thirty-Ninth Meeting of the Ofcom Content Board held at Riverside House, London on 15 and 16 May 2006

Present

Philip Graf Chairman
Sue Balsom Member
Floella Benjamin Member
Kevin Carey Member (minute 1-14 & 19 onwards)
Pam Giddy Member
Matthew MacIver Member (minute 19 onwards)
Kip Meek Chief Policy Partner (Ofcom)
Tim Suter Partner, Content and Standards (Ofcom) (minutes 1-42)
Kath Worrall Member

Apologies

Sara Nathan Deputy Chairman
Adam Singer Member

In Attendance

[witheld from published minutes] BBC (minute 1-2 only)
[witheld from published minutes] BBC (minute 1-2 only)
[witheld from published minutes] Advertising Standards Authority (minute 20-24 only)
[witheld from published minutes] Advertising Standards Authority (minute 20-24 only)
[witheld from published minutes] Advertising Standards Authority (minute 20-24 only)
Graham Howell Secretary to the Corporation (minute 15 onwards)
Lisa Harmshaw Assistant Secretary to the Corporation

Other Ofcom Colleagues

BBC Labelling Project: update

1. Members RECEIVED a presentation from the BBC on the findings of the Interactive Media Player (iMP) trial and recommendations on how the BBC plan to move the project forward. The BBC hoped that the iMP would become an industry wide feature and stated that some broadcasters had already expressed an interest in some of its features. It was NOTED that there are several approaches being used or considered by online providers such as age ratings and pin protection after the watershed. The strong expectation from viewers that broadcasters will make programme information available to aid viewing was NOTED.

2. Member DISCUSSED the features of the iMP and thanked the BBC for providing today’s update.

Media Literacy: supplementary report for Children – CB 59(06)

3. Members RECEIVED the final supplementary report for Media Literacy and were UPDATED on the press coverage that this report had received, which included articles in The Times, The Guardian and a radio show in California.

4. Members RECEIVED a brief presentation on the findings of the audit and raised the following points:

Members asked for the percentage of children used in the study who had access to multi-channel TV in their bedrooms, but were informed that this was not asked of the sample.
Members asked for further data on internet access and blocking. It was NOTED that the data would be looked at further to see if parents who had had internet access for longer were any more or less likely to have set internet controls.
Members asked if there were any significant differences between children and adults from minority ethnic backgrounds. It was NOTED that the audit indicated that ethnic minority children appear to be less media literate than adults and appear to have less solitary access.
Members asked whether the audit looked at the amount of hours children spent on games consoles. It was NOTED that the audit did not focus on the amount of hours of use but did ask if children had games consoles and access to the internet. Members FELT that this would be a useful question to ask in a future study. This was NOTED.
Members asked whether the study had covered children who use ‘live games’ on the internet. It was NOTED that the top 10 internet uses for children included playing games which came in second, however the questions did not extend to whether these games were ‘live’ or ‘multi player’. Members FELT that this would be a useful question to ask in a future study. This was NOTED.

5. It was NOTED that all the supplementary reports had now been published and that colleagues were in the process of distributing them through the nations and regions. The policy phase for this project is due to start shortly and it was NOTED that these discussions were anticipated for the Content Board in September 2006, following the summer events to highlight the findings of the reports.

6. Members commended the team on their excellent research undertaken for this project.

Ofcom’s approach towards promoting easy to use equipment: update

7. Members RECEIVED a brief presentation on Ofcom’s role under Section 10 of the Communications Act to encourage the availability of easy to use apparatus. It was NOTED that Ofcom’s role in this was to ‘encourage others’ and was not about direct action.

8. Members were ADVISED that this subject had 2 key focuses. Firstly, the design of apparatus as user ability declines generally and secondly to improve service access for those with some significant visual or hearing loss. It was NOTED that Ofcom had carried out research on the usability of digital television receiver equipment to support the digital television switchover process and this had resulted in the development of a best practice equipment design guide, in collaboration with industry, for this equipment. In addition, it was also NOTED that the International Organisation for Standards ha s developed best practice information for ensuring design meets the needs of specific user groups including the value of producing a prototype and obtaining user feedback prior to manufacture. It was SUGGESTED that this should be something which Ofcom should support as it was not intrusive but recognised the positives for both consumers and industry.

9. Members discussed the concept of ‘user centred design’, how this works in practice and whether it is ultimately achievable. It was NOTED that there was a sense of frustration with ever changing equipment and the danger of looking for a ‘one size fits all’ solution. The issues surrounding equipment and digital switchover were also DISCUSSED and Members felt that industry needed to do more to highlight to consumers the importance of ensuring they have the right equipment.

10. It was SUGGESTED that a paper be put together on the options for the future of Ofcom’s involvement in addressing its Section 10 duty under the Communications Act and be brought back to the Content Board to coincide with policy options on media literacy.

Sport on Television: listed events & the sale of rights – CB 28(06)

11. Members RECEIVED a presentation on listed events and the sale of sports rights on television, which included an update on the recent sale of football rights and how the process works.

12. Members NOTED that even though the listed events rules are complicated they are working well and delivering public access to those events they protect. Members NOTED that DCMS was considering a review of the rules in 2008/09 and that Ofcom is currently engaging with it regarding access to BARB data and how audiences for listed sports events have changed over the past few years.

Standards Report

13. 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.

External Communications

14. 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.

Minutes of the Meeting held on 10 & 11 April 2006 (Content Board Minutes 38(06)) and Matters Arising

15. The minutes of the Content Board meeting held on 10 & 11 April 2006 were AGREED, subject to one small amendment.

16. There were no matters arising from the minutes of the last meeting.

Content and Standards Group Report

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

18. As a result of the report back, Members REQUESTED that the dates of events for the Associate Parliamentary Media Literacy Group be circulated.

Advertising Co-regulation: 2 year review – CB 70(06)

19. Members RECEIVED a paper advising them that the co-regulation arrangement with the Advertising Standards Authority (ASA) was nearing the end of the probationary period, the contents of which were NOTED. Members were advised that if Ofcom were minded to agree to continuing the arrangement, then the new arrangement would start in November 2006.

Advertising Standards Authority (ASA) Annual Report 2005/06 – CB 61(06)

20. Members were BRIEFED by [witheld from published minites], [witheld from published minites] and [witheld from published minites] from the Advertising Standards Authority (ASA) on their annual report for 2005/06 and how they felt the co-regulatory arrangements had worked over the past two years.

21. ASA stated that they were continuing to meet their key performance indictors and that their relationship with the Broadcast Clearance Centre had much improved. Overall, ASA felt that consumers were benefiting from a ‘one stop shop’ for complaints, as there was now greater clarity of where you should take your complaint. Members NOTED that ASA had seen a 37% increase in the total number of complaints received in 2005/06. ASA fed back on some of their internal developments which included integrating their investigations teams, the work of the Council of ASA and the joint working with BCAP which had produced some solid results over the past year.

22. [withheld from published minutes].

23. ASA stated that if Ofcom was minded to continue the co-regulatory arrangement then work in 2007/08 would focus on sorting Codes for TV, radio and non-broadcast and that BCAP would be interested in discussing sponsorship, content and new media rights. Overall, the ASA felt that the arrangements had worked well and stated that if Ofcom was minded to continue with the arrangement they would like to return during the summer to discuss their plans with a view to making a statement in October.

24. As a result of the briefing Members made the following comments: [withheld from published minutes]

Rolling Forward Plan of Content Board Agendas – CB 60(06)

25. 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 Meeting of 3 April 2006

26. Members received a report on the Ofcom Board meeting held on 3 April 2006, the contents of which were NOTED.

27. As a result of the report back, Members EXPRESSED their concerns regarding digital switchover and focused on the following points:

The slow progress of manufacturing
Confusion on how the process will be paid for
That non-compatible equipment is still being sold, even in regions which will be the first to switchover
The challenges facing decoding of subtitles and reading of the EPG

Members’ Interests

28. No interests were declared for inclusion in the register of interests.

Radio Licensing Committee 13 April 2006

29. Members were UPDATED on the Radio Licensing Committee meeting held on 13 April 2006.

30. As a result of the report back, Members REQUESTED that they receive the fortnightly radio bulletin to enable them to keep up to date on related issues.

Product Placement: consultation responses – CB 65(06)

31. Members RECEIVED a paper outlining the consultation responses to the proposal to introduce limited and controlled product placement into certain genres of programmes on commercial television channels.

32. Members were asked for their views on the nature of Ofcom’s public statement, any advice to/guidance from Government and whether to proceed with further work on product placement on radio and a result, the following comments were made:

[withheld from published minutes]
[withheld from published minutes]
Product placement on radio – Members felt that this required more clarification on how this differed from sponsorship. It was suggested that the radio industry be invited to present to a future meeting their views on how this might work in practice.

33. As a result of the discussions, Members AGREED their formal advice to the Ofcom Board – that they remained positive on the introduction of controlled and limited product placement in certain genres of programmes broadcast on commercial television, that the outcome of the review of the TWF Directive be awaited but that Ofcom remain committed and that the radio industry be invited to give their views on product placement on radio before proceeding with further work.

ITV Regional news: proposal for change – CB 66(06)

34. Members RECEIVED a paper on ITV PLC’s proposal for a package of changes relating to six of its eleven regional news services.

35. Members AGREED that the proposal made editorial sense whilst still allowing for the sustainability of regional news programmes. [withheld from published minutes]. These comments were NOTED.

36. As a result of the discussions, Members AGREED that their formal advice to the Ofcom Board would be to accept ITV’s proposal as set out.

Content Board Annual Report 2005/06 – CB 64(06)

37. Members RECEIVED the Content Board annual report for 2005/06, which it was NOTED also formed part of the main Ofcom annual report for 2005/06 which is due to be published in July.

38. Members fed back the following comments:

Chairman’s Statement – Members felt that the statement should be used as an opportunity to say why the Broadcasting Code was developed and on the developing philosophy of regulating content. In addition, Members felt that the wording of the 2nd paragraph of the Chairman’s statement should be stronger regarding the broadcast of Jerry Springer: the opera
The tone of the wording for the ‘activity for the year’ required amending
The section on media literacy should contain a reference to the Broadcasting Code
Reference should be made to the work of the Community Radio Fund Panel and more credit given to community radio

39. Members were asked to feed back any further comments to the executive by the close of play on 19 May.

Television Production Sector Review (non rights): consultation responses & emerging policy issues – CB 62(06)

40. Members RECEIVED a paper highlighting the issues raised as a result of the consultation and were BRIEFED on the implications of any change to the definition of ‘qualifying independent producer’ (QIP).

41. [withheld from published minutes].

42. Members DISCUSSED the implications of each of the options and put forward a variety of views which included maintaining a status quo, the need for maintaining quotas as they are and the vulnerability that may be experienced by some producers. In addition, there were also views put forward that the proposed change to the definition seemed sensible and that if a company acts like an independent it should also be treated in this way. It was NOTED that these views would be fed back to the main Ofcom Board.

Television Production Sector Review: consultation responses & emerging thinking on ‘rights’ issues – CB 63(06)

43. Members RECEIVED a paper on the consultation responses on ‘rights’ issues and were UPDATED on the recent position. Members NOTED that the paper had also been considered by Ofcom colleagues.

44. Members were ADVISED that a letter had been sent to all parties at the beginning of April setting a deadline for the end of May for heads of terms to be agreed by more than one broadcaster. If PACT and broadcasters are not able to reach agreement on Head of Terms by this stage then Ofcom will be forced to conclude that after 5 months of negotiations intervention is necessary and will move to consult on guidance for new Codes of Practice. If agreement is reached by the end of May, a statement will be published to conclude the review.

45. [withheld from published minutes]. These comments were NOTED and it was pointed out that Ofcom's intention is only to consult on new guidance in the event that the broadcasters and Pact fail to reach a negotiated agreement, and that any agreement or new guidance will be put in place for a limited 2-3 year trial period with the aim of reviewing and deregulating as the market develops.

Any Other Business

46. The following other business was raised:

The main Board had recently received two papers on Net Neutrality which it was felt would be of interest to Content Board members. These papers were TABLED for members to consider outside of today’s meeting.

Date of Next Meeting

47. It was NOTED that the next meeting would be held on Monday 12 and Tuesday 13 June 2006 in Riverside House. Following the meeting would be a drinks reception for members and colleagues in Riverside House, followed by a dinner as a ‘farewell’ to those members leaving the Content Board next month.

48. In addition, it was NOTED that the meeting planned for Monday 10 and Tuesday 11 July had been cancelled, to allow the current Content Board member recruitment programme to conclude and inductions to begin. The September meeting will go ahead as planned.

17 May 2006