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23|01|07

Minutes of the Forty Sixth meeting of the Ofcom Content Board held at Riverside House London on 23 January 2007

Present

Philip Graf Chairman
Richard Ayre Member
Sue Balsom Member
Chris Banatvala Director of Standards (Ofcom)
Millie Banerjee Member
Anthony Lilley Member
Paul Moore Member
Tim Suter Partner, Content and Standards (Ofcom)
Joyce Taylor Member
Kath Worrall Member

Apologies

Adam Singer Deputy Chairman
Pam Giddy Member
Graham Howell Secretary to the Corporation

In Attendance

Rona Chester Finance Director (minute 17 only)
Other Ofcom Colleagues

Communications Market PSB Report 2007: draft report and background to statements

1. Members RECEIVED an overview of a report to be published in March 2007 giving an overall assessment of PSB and which was the first such report since the PSB review in 2004. The current review was based on evidence gained from Ofcom’s PSB tracker and other research data as applicable, some of which was still outstanding and would be added to the final report.

2. The report was highly commended by Members who expected it to generate wider interest. The difficulty of ensuring a consistent approach to the interpretation of genres by the PSB’s was discussed. [witheld from published minutes]. The wording of particular questions and the results of the analysis, including channel summaries were reviewed. In particular, the team were asked to review the questions in slides 15 and 18 for consistency of approach. Members were assured that the sample size was significantly large enough to cover all nations and regions.

3. The planned publication date was discussed with particular reference to the Nations, and it was AGREED that the proposed timetable should be reviewed with the Directors for Wales and Scotland respectively, then with the Content Board Member for each of those Nations. It was NOTED that the final report would be incorporated into the C4 review.

4. Subject to these comments, Members NOTED the content and methodology of the Report as tabled and AGREED the Report’s structure and pre-publication stakeholder engagement plan.

PSB Statements & Reviews/Significant Change Proposals

5. Members RECEIVED and CONSIDERED annual statements of programme policy for 2007 and self-assessment review of delivery of PSB in the previous year, from PSBs and public teletext, as specified under Sections 266 to 269 of the Communications Act together with certain proposals for change in output for the coming year.

6. Members CONSIDERED a revised ITV1 Statement and Review, and the proposed change in children’s output for 2007. After consulting the legal advice provided to it, Members concluded that ITV1 had taken account of Ofcom’s expressed opinions, given that ITV has modified, to a significant extent, ITV’s original proposals for reducing children’s programming in 2007.

7. Members also ACCEPTED the Executive’s recommendation that the proposed change be treated as a non significant (rather than signficant) change, taking into account Ofcom’s published guidance for judging “signficant change”.

8. [witheld from published minutes].

9. In its final considerations, the Content Board ACCEPTED the recommendation and NOTED the Statement and Review. [witheld from published minutes].

10. Members discussed Channel Five’s Statement and Review including the proposed change to religious output. Following a discussion, Members concluded that the change was not a significant change and NOTED the Channel Five Statement and Review.

11. Members NOTED the Teletext Statement and Review however, they REQUESTED that a short briefing note be prepared for them on Teletext, to cover for example its strategic situation.

12. The Content Board NOTED the Statement and Review for ITV Nations and Regions, but REQUESTED that its concern that there was no reference to the forthcoming Scottish Parliamentary election in the Statement be conveyed to the broadcaster. The Statement and Review from each of Channel 4 and GMTV were NOTED by the Content Board.

Children in programmes: project requirements document

13. Members RECEIVED a proposal to establish a working party to commission relevant research and advise the Content Board on the need for guidelines, if any, and, if appropriate, changes to Rule 1.26 and 1.27 of the Broadcasting Code. The Content Board NOTED the various issues which needed to be CONSIDERED, including the regulatory issues to be taken into account. The number of, and reason for, child related complaints RECEIVED last year were discussed with reference to the sample programmes provided as part of the report together with the related responses RECEIVED from the relevant broadcaster. The publication target date for the guidelines was December 2007.

14. Members AGREED with the recommendations made in the report in full. In particular, it was AGREED to appoint Kath Worrall as Chair of the working party and Members who wished to volunteer to the working party were asked to advise Kath within the next 24 hours, following which she would follow up with potential members as appropriate.

Approval of the Gaelic Media Service Corporate Plan 07/08

15. Members RECEIVED UPDATED information following their initial consideration of the Corporate Plan for 2006/7 for the Gaelic Media Service (“GMS”). Members discussed the proposals with particular reference to the nature of the governance arrangements between the BBC and GMS.

16. After discussion, Members APPROVED the GMS Corporate Plan for 2006/7. However, the Content Board indicated that they would wish to see their concerns relating to editorial policy and an exit strategy for the Gaelic Digital Service met in the detail of the signed agreement and therefore the Members REQUESTED sight of the formal agreement between the BBC and GMS.

Introduction to Executive Colleagues

17. Members were introduced to Rona Chester, Ofcom’s Finance Director.

18. Members RECEIVED a short presentation on the Finance and Facilities roles within Ofcom.

19. Members were advised that corporate cards were now available to them through Secretariat. A demo on claiming expenses could also be set up through Finance and Secretariat for any Member who wished to have this.

Illegal Broadcasting

20. Members RECEIVED a report on the findings of research into illegal broadcasting. Members discussed the issues raised and the conclusions reached in the research findings. The report was viewed to be of a very high standard with important and interesting material. Members AGREED that careful consideration should be given to distributing the report to a wider audience at the appropriate time. It was NOTED that the aim was to publish the research in March.

Members’ Interests

21. There were no new declarations for the Register

Minutes of 5 December 2006 & Matters Arising

22. The minutes of the Content Board meeting held on 5 December 2006 were AGREED with no amendments.

Content and Standards Group Report

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

24. Members NOTED that Ofcom would be making a submission on PSB in March to the Select Committee for Culture Media and Sport.

25. Members NOTED the number and nature of Big Brother complaints. There was no discussion of the merits of any complaints RECEIVED (it was NOTED this would be entirely inappropriate at this stage), since Ofcom was currently investigating the matters raised.

26. Members REQUESTED sight of the final paper on the Ofcom Market Impact Assessment on the BBC iPlayer.

Rolling Forward Plan of Content Board Agendas

27. Members NOTED the Rolling Forward Plan of Content Board Agendas.

28. Members discussed possible options, dates and locations for away days. In addition, Members discussed the possibility of arranging a visit to a community radio station outside London. A range of options and a timetable would be prepared for review.

Ofcom Board Meeting of 28 November 2006

29. The Chairman UPDATED Member on the matters raised at the Ofcom Board Meeting of 28 November 2006.

Radio Licensing Committee – Report Back

30. Members RECEIVED a report on the current issues with which the Radio Licensing Committee was involved. Members NOTED that community radio licence applications had been RECEIVED from the South West of England, South Wales, Northern Ireland and Scotland. Members were invited to forward comments on these applications. The minutes of the meetings held on 9 November 2006 and 7 December 2006 were NOTED.

Standards Report

31. The Content Board RECEIVED updates on programmes which had been attracting complaints and on the status of current Fairness and Content Sanctions cases.

Papers for information

32. Members NOTED the following papers for information:

Ofcom Annual Plan 2007/8:consultation
Matters for External Communication
Responses to Future of Radio discussion document

Minutes for Noting

33. Members NOTED the minutes of the following meetings:

Consumer Panel – 16 November 2006 and 14 December 2006
Advisory Committee for England – 27/28 November 2006
Advisory Committee for Northern Ireland – 12/13 October 2006

Any Other Business

34. There was no other business

Date of Next Meeting

35. The next meeting of the Content Board is planned for Tuesday 20 February 2007 at Riverside House, London.