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12|09|06

Minutes Of The Forty Second Meeting Of The Ofcom Content Board Held At Cumberland Lodge, Windsor Great Park On 12 September 2006

Present

Philip Graf Chairman
Adam Singer Deputy Chairman
Richard Ayre Member (minute 1-7 and 14-51 only)
Sue Balsom Member
Anthony Lilley Member
Kip Meek Chief Policy Partner (Ofcom)
Paul Moore Member
Tim Suter Partner, Content and Standards (Ofcom)
Joyce Taylor Member
Kath Worrall Member

Apologies

Millie Banerjee Member
Pam Giddy Member

In Attendance

Graham Howell Secretary to the Corporation (minute 1-19 only)
Other Ofcom Colleagues

Members’ Interests

1. Richard Ayre advised that he is a member of the Food Standards Agency and would not participate in any discussion regarding the ongoing consultation into the advertising of food and drink products to children. He also advised that he was not partaking in these discussions at the Food Standards Agency either.

2. There were no other declarations for the Register.

ITV’s Public Service Obligations

3. Members were BRIEFED on three requests from ITV regarding their public service obligations – children’s programming, the level of regional co-productions and a request to bring forward the date for the agreed reduction in regional non news programming to 1 January 2008. [withheld from published minutes].

4. Members DISCUSSED the first request regarding a proposed reduction in children’s programming and made the following comments: [withheld from published minutes].

5. Following discussion, Members AGREED their formal advice to the Ofcom Board regarding the three requests:

Television Access Services: Code and Standards Statement

6. Members were BRIEFED on the proposal to publish a Statement on the outcome of a review into the Code on Television Access Services (subtitling, signing and audio description) and associated guidance.

7. Members NOTED the minimal changes being proposed to the existing Code and ENDORSED the publication of the Statement and associated guidance.

Food and Drink Advertising to Children

8. Members RECEIVED a verbal update from the last main Ofcom Board meeting regarding the industry proposed ‘Option 4’. Members NOTED that at this stage, Ofcom would not be consulting solely on ‘Option 4’ and that the Ofcom Board had requested the Executive to consider whether Ofcom should consult on a strengthened proposal, possibly in addition to ‘Option 4’, incorporating some consumer group arguments made in the consultation responses.

9. Members were also BRIEFED on the substantive emerging issues from the initial consultation and the possible implications for the CRR process regarding restricting the advertising of food and drinks products to children on ITV, both of which were NOTED.

10. Members NOTED the approach the Executive proposed to take with BCAP regarding their proposed content rules and made the following comments: [withheld from published minutes].

11. Members CONSIDERED that to date, co-regulation had worked well and CONSIDERED that, as Ofcom had a bias against intervention, it would be desirable in this case not to instruct BCAP, but to use the examples above as a means of arriving at a satsifactory compromise which was acceptable to all parties.

12. It was NOTED that these recommendations would be passed to the Ofcom Board for their consideration of the BCAP content rules.

13. It was NOTED that a further update on the ongoing consultation would be provided to the next Content Board meeting in October.

Channel Sponsorship

14. Members were BRIEFED on the background to the consultation and the subsequent responses which were NOTED.

15. As a result of the discussion, Members AGREED their formal advice to the Ofcom Board – that the wording in Section 9 of the Broadcasting Code be amended to include channel sponsorship arrangements; that channel sponsorship be allowed on channels subject to the proportion of content on the channel being programming that is permitted to be sponsored (e.g. allow sponsorship of mixed entertainment channels that carry a limited amount of news output but prohibit the sponsorship of dedicated news channels); and that the incorporation of sponsor names into channel names be prohibited - as outlined in the draft guidance attached to the paper.

Television Appeals for Donations to make programmes or fund services

16. Members were BRIEFED on the consultation responses received as a result of the consultation undertaken earlier this year.

17. Members NOTED that there was no strong appetite for change but FELT that there was a finely balanced logical argument to liberalise this area of regulation as there appeared to be a lack of evidence of harm, it was already permitted on radio and UK viewers were already exposed to such activities on other EU-based channels currently broadcast legitimately into the UK (under the TWF Directive). In addition, Members NOTED the potential implications for Ofcom in lifting the ban.

18. As a result of the discussion, Members AGREED that their formal advice to the Ofcom Board should be to recommend Option 3 – lifting the ban for all channels but ensuring safeguards regulated by Ofcom.

Standards Report

19. 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.

Future of Radio Licensing

20. Members were BRIEFED on the Radio Review, undertaken last year, and asked for their views on the content issues around the regulation of formats and localness and the ownership regime for maintaining plurality. Members were also invited to make initial comments on Ofcom’s proposed approach to the re-licensing of VHF band II (FM) local radio services and the licensing of Medium Wave stations as the existing licences expire.

21. Members NOTED the report by Douglas McArthur which highlighted the financial issues likely to be faced by the radio industry in the future. It was NOTED that the report confirmed Ofcom’s thinking. Members briefly discussed the economic model used in radio and SUGGESTED that a paper on radio economics be brought to a future Content Board meeting.

22. Members CONSIDERED that the localness and ownership options presented were appropriate as set out. Members agreed that a sector specific approach was required and were keen to see some level of localness and ownership rules remain in place as without them Members believed that local radio would prosper in some areas but disappear in others. There was also concern that a lack of any regulation could lead to a large number of stations merging and a loss of granularity. Members were particularly keen on the proposals to amend the ‘format change’ request process, which at present was felt to be burdensome.

23. Members CONSIDERED that the recommendations for the re-licensing of VHF Band II (FM) local radio services, the licensing of Medium Wave stations as the existing licenses expire and DRM emerging as a complement to DAB were also appropriate. Concerns were expressed regarding DAB as it was not available in all areas and therefore that some areas would therefore be reliant on DRM technology.

Radio Format change requests

24. [withheld from published minutes].

25. [withheld from published minutes].

26. [withheld from published minutes].

27. [withheld from published minutes].

28. Members were ADVISED of a request from Sunrise Radio, which served the Asian community in the Greater London area on the AM waveband, to move specific elements of its Format (unchanged) to the Format of its sister station Kismat Asian Talk Radio, which also served the Greater London area on the AM waveband.

29. The consultation requested by the Radio Licensing Committee in June 2006 highighted [withheld from published minutes].

30. As a result of the consultation responses, Members AGREED their formal advice to the Radio Licensing Committee – [withheld from published minutes].

31. Members were ADVISED of a request from The Guardian Media Group’s Radio Division (GMG) which was seeking to acquire 96.3QFM, the local commercial radio station for Paisley currently owned by UTV Radio. The acquisition was conditional upon GMG being able to co-locate QFM’s studios with those of a neighbouring station that it already owned – Real Radio – which served the whole of the Central Scotland belt. As Real Radio was located in Baillieston which was outside QFM’s ‘licensed area’ any such move would require regulatory approval.

32. The consultation requested by the Radio Licensing Committee in June 2006 highighted [withheld from published minutes].

33. Members discussed and considered the consultation responses and AGREED their formal advice to the Radio Licensing Committee – [withheld from published minutes].

Content Board visit to News Organisations

34. It was AGREED to defer the visit to ITN and AOL until December. It was NOTED that the planned visit to Channel 4 in November would go ahead as this coincided with their financial review.

35. Members were REQUESTED to advise [withheld from published minutes] if they had a preference on which organisation they wished to visit in December and if they had any thoughts on suitable questions. Further, Members were REQUESTED to advise [withheld from published minutes] of any suitable questions for the visit to Channel 4 in November. [Note: at the time of finalising these minutes it appeared that the visit to Channel 4 may need to take place in December, with the visit to news organisations in November.]

Strategy Planning Day – 18 October 2006

36. Members were ADVISED of the planned Strategy Day taking place on 18 October 2006 which formed part of the strategic business planning process which feeds into the three year business plan. A note from the Project Team was tabled for Members, which outlined the process.

37. Members were ADVISED that a presentation from the Planning Team would be given to the Content Board at their October meeting.

38. It was NOTED that the Content Board would be represented by Philip Graf, Millie Banerjee, Tim Suter and Kip Meek and that two more places were available. Members were asked to advise Graham Howell if they wished to attend. Members did not feel that attendance should be restricted to only a few places and it was AGREED that the possibility of larger representation would be sought.

Minutes of the Meeting held on 12 and 13 June 2006 (Content Board Minutes 40(06)) and Matters Arising

39. The minutes of the Content Board meeting held on 12 and 13 June 2006 were AGREED, with no amendments.

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

Content and Standards Group Report

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

Rolling Forward Plan of Content Board Agendas

42. 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.

43. Members were encouraged to contact the Executive if they felt that there were any other subjects / issues which they felt would be useful to discuss.

Current Ofcom Issues

44. Members RECEIVED a report on the current Ofcom issues and NOTED the minutes of Ofcom Board meetings held on 23 May, 6 June, 20 June and 4 July 2006.

Radio Licensing Committee Meeting Update

45. Members NOTED the minutes of the Radio Licensing Committee meetings held on 8 June and 6 July 2006, and were updated on the issues arising from these meetings.

Papers for Information

46. Members NOTED the following papers for information:

Minutes for Noting

47. Members NOTED the minutes of the following meetings:

Any Other Business

48. There was no other business for discussion.

Date of Next Meeting

49. The next meeting of the Content Board was planned for Monday 9 and Tuesday 10 October 2006 at Riverside House, London.

50. Members were ADVISED that Monday’s meeting would be followed by a joint dinner with the main Ofcom Board, to be held at Riverside House.

13 September 2006


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