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07|11|06

Minutes Of The Forty Fourth Meeting Of The Ofcom Content Board Held At Riverside House, London On 7 November 2006

Present

Philip Graf Chairman
Adam Singer Deputy Chairman
Millie Banerjee Member
Richard Ayre Member (Minute 1 to 23 & 25 to 34 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

Pam Giddy Member

In Attendance

Graham Howell Secretary to the Corporation
Other Ofcom Colleagues

Co-regulation of Equal Opportunities

1. Members NOTED a paper on the new obligations that were placed upon radio and cable and satellite broadcasters by the Communications Act 2003 regarding the promotion of equal opportunities in employment.

2. Members were BRIEFED on the approach proposed by Ofcom. This consisted of the publication of a summary of broadcaster’s reports for 2005 which was NOTED by Members; the issuing of guidance recommending minimum standards to assist broadcasters in making and reviewing their arrangements for promoting equal opportunities in employment with them; and commencing the process of considering whether the promotion of equal opportunities should be co-regulated by the BTSR.

3. Members NOTED that the proposal for co-regulation had been discussed informally with the BTSR which has responded positively dependent on Board approval and will consider it formally at their December Board meeting. Members QUERIED whether the promotion of equal opportunities was part of the BTSR’s role, and it was CONFIRMED that even though their focus is on training it was highlighted from the start that equal opportunities could, in the future be part of their remit.

4. As a result of the briefing, Members asked the following questions:

Members asked what would happen to broadcasters who did not comply with the minimum standards when making and reviewing the arrangements they are required to have in place. It was NOTED that enforcement of the licence requirements to have arrangements in place and to have regard to Ofcom’s guidance would rest with Ofcom and not with the BTSR. Members hoped that, in making and reviewing their arrangements broadcasters would comply with the requirement to have regard to Ofcom’s guidance.
Members QUERIED the tone and wording of the paper, which was NOTED.
One Member HIGHLIGHTED Ofcom’s need to further equal opportunities internally as well as externally. It was NOTED that benchmarking data on representation of senior women was currently being compiled by the Ofcom Diversity Manager. Members also NOTED that a toolkit for broadcasters on recruitment policies had also been developed. Members were SUPPORTIVE of seeing this toolkit used internally.

5. Following discussion, Members AGREED their formal advice to the Ofcom Board – that the procedure for considering co-regulation with the BTSR of broadcasters’ arrangements for the promotion of equal opportunities in employment should be commenced and that Ofcom should issue guidance with minimum standards for broadcasters regarding their arrangements for promoting equal opportunities.

Promoting easy to use equipment: options for the future involvement of Ofcom in addressing its section 10 duty

6. Members RECEIVED an update on how Ofcom was promoting easy to use equipment and addressing its Section 10 duty under the Communications Act.

7. Members NOTED that two external consultants have been engaged to undertake an audit of current material and that a resulting paper would be presented to the Content Board in Spring 2007. Members also NOTED how this work links in with the Media Literacy project, particularly regarding barriers to use and new technologies.

8. Members also NOTED the work that had been undertaken to assist with the digital-switchover process. This included a project to promote “clean audio”, involving the use of Dolby surround sound for the hard of hearing and a new project recently agreed by the Advisory Committee on Older and Disabled People (ACOD) on using text input to select programmes for blind and partially sighted people.

9. As a result of the briefing Members made the following comments:

Members SUGGESTED that Ofcom establish an ‘award’ to show their support in this area of work. It was NOTED that an Ofcom-sponsored innovation award was a project proposed for the next financial year.
Members ASKED whether Ofcom had considered working in partnership with organisations such as the Design Council to assist with this work. It was NOTED that this has previously been undertaken and had been successful and would be pursued again.

10. Members thanked the team for the update and REQUESTED regular six monthly updates at future Content Board meetings.

AVMS Directive update

11. Members RECEIVED an update on the ongoing Audiovisual and Media Services Directive, the content of which were NOTED.

12. Members NOTED that the Ministerial Council and Culture Committee would be meeting on 13 November with a plenary vote due to take place on 13 December 2006.

Introduction to Executive Colleagues

13. Members were introduced to Matt Peacock, Director of Communications and [withheld from published minutes], Head of Media Relations who both BRIEFED Members on their priorities for the coming 6-12 months which included introducing the new CEO to external audiences, improving the quality of business writing in publications, developing media relationships further (with new emphasis on consumer editors and international media) and media monitoring.

14. As a result of the briefing, Members asked the following:

Members ASKED how the relationship with the Nations and Regions could be improved. It was NOTED that all the National offices have their own communications link person and that it was the intention to look at how these roles could be developed further in conjunction with the Corporation Secretary.
Members ASKED how aligned the Communications Team was with a proactive approach in policy areas. It was NOTED that the Communications Team relies on Policy Teams to notify them of key events / publications to enable communications to be proactive rather than reactive and that every major area of Policy work had a dedicated Communications Manager assigned to it.
Members SUGGESTED that the Ofcom website could be made more user friendly. It was NOTED that a substantial project was currently underway to overhaul the website to add new features such as personalisation.

15. Members CONSIDERED that overall communications had been a big success for Ofcom and thanked both Matt Peacock and [withheld from published minutes] for their hard work to date and for the briefing today.

Future of Radio Licensing

16. Members RECEIVED a further update on the future of radio licensing project and NOTED the revised timing of the project following the recent Ofcom Board discussion. Members NOTED that options for this project would be brought back to the Content Board in early 2007.

17. Members also RECEIVED a briefing on the challenges facing the commercial radio industry, in particular the smaller stations. Members DISCUSSED the challenges facing the whole industry and the sustainability of local commercial radio in the future.

Standards Report

18. 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.

Members’ Interests

19. There were no new declarations for the Register.

Ofcom Expenses Policy

20. Members RECEIVED a briefing of the new Ofcom Expenses Policy which was NOTED.

21. As a result, Members raised the following queries:

Members asked whether relevant subscriptions could be paid for. It was CONFIRMED that all part-time Members should advise Graham Howell of any relevant subscriptions they wished to have reimbursed.
Members asked if it was possible to have the cost of subscription for high definition Sky TV reimbursed. It was CONFIRMED this would be investigated.
Members QUERIED whether it was necessary for Members to have special business insurance for car use. It was CONFIRMED this would be investigated.

Minutes of the Meeting held on 12 September (Content Board Minutes 42(06)) and Matters Arising

22. The minutes of the Content Board meeting held on 12 September 2006 were AGREED, with no amendments.

23. There were no matters arising from these minutes.

Content and Standards Group Report

24. Members RECEIVED a verbal update on the ongoing consultation regarding food and drink advertising to children, the contents of which were NOTED.

25. In addition, Members were UPDATED in relation to current Content and Standards people and policy issues.

Rolling Forward Plan of Content Board Agendas

26. 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.

27. 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

28. Members RECEIVED a report on the current Ofcom issues and NOTED the minutes of Ofcom Board meetings held on 25 July and 5 September 2006.

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

That Gareth Davies be invited to the next meeting of the Content Board to provide members with further information on the current ongoing BBC iPlayer MIA process.
That the involvement of Content Board Members be considered for future MIA’s.
That the presentation being given to the Ofcom Board on Next Generation Networks also be given to the Content Board in the near future.

Radio Licensing Committee Update

30. Members RECEIVED a report on the current issues that the Radio Licensning Committee were involved with. The minutes of the meeting held on 14 September 2006 were NOTED.

Paper for Information

31. Members NOTED the following paper for information:

Matters for external communication

Minutes for Noting

32. Members NOTED the minutes of the following meeting:

Consumer Panel – 19 September 2006

Any Other Business

33. There was no other business for discussion.

Date of Next Meeting

34. The next meeting of the Content Board was planned for Tuesday 5 December 2006 at Riverside House, London.

8 November 2006