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20|02|07

Minutes of the Forty Seventh meeting of the Ofcom Content Board held at Riverside House London on Tuesday 20 February 2007

Present

Philip Graf Chairman
Adam Singer Deputy Chairman
Richard Ayre Member
Sue Balsom Member (minutes 1 to 41 only)
Chris Banatvala Director of Standards (Ofcom)
Millie Banerjee Member
Pam Giddy Member
Anthony Lilley Member
Paul Moore Member
Tim Suter Partner, Content and Standards (Ofcom)
Joyce Taylor Member
Kath Worrall Chair of the Fairness Committee

Apologies

None

In Attendance

Peter Phillips Partner Strategy and Markets (minutes 28-30 & 41-46 only)
Graham Howell Secretary to the Corporation
Other Ofcom Colleagues

Content and Standards Group Report

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

2. Members NOTED the revised Terms of Reference for the Election Committee. A paper would be submitted to the forthcoming main Board meeting.

3. Members NOTED that the Statement on Food Advertising, including the restrictions on food and drink advertising to children, had been APPROVED by the main Board and would be released on 22nd February 2007.

4. Members were UPDATED on the position with the Press Complaints Commission regarding on-line delivery of news.

5. Members NOTED that the revised paper on Convergent Media and the implications for content regulation would be presented to Members in April.

PSB: Annual Report 2007

6. Members RECEIVED the draft Annual Report to be published on 21st March 2007. The draft report gives an overall assessment of the current state of the PSB. It presents the first year’s findings from Ofcom’s PSB Tracker which monitors audience views on PSB delivery. The reporting year will be 2006.

7. It was NOTED that, this first PSB Report, and successive ones, would be published on the same day that public service broadcasters publish their Statements of Programme Promises and Reviews.

8. It was AGREED that the report should present a consistent approach to percentages and the reporting of inputs/outputs, particularly in the Executive Summary.

9. Members congratulated the team on an excellent report.

10. Members APPROVED the overall approach, content and tone of the Executive Summary and full report and AGREED to delegate sign-off of the PSB Report to the PSB steering group. Members also AGREED to share the draft report with broadcasters ahead of publication (the stakeholder engagement plan).

11. In the context of this report, it was AGREED that it would be particularly beneficial for Members to receive a presentation on Political Engagement at the next meeting.

Follow up to Media Literacy discussion:

12. In 2005, the Media Literacy Executive commissioned research entitled Setting the Scene. The research was small scale and was not meant to be representative of the wider audience but to inform and enable an in depth understanding of people’s attitudes to digital media and their associated motivations and skills.

13. Members discussed the definitions of “web literacy” and “community” within the context of this research. It was NOTED that some sites were “trusted” more than others and whether it might be loosely based on popularity.

14. Members were briefed on the outputs from the recent sub-group sessions of Members on the development of a three year plan for Media Literacy. Three key areas of focus emerged from these discussions: an expanded more visionary remit; identifying key Stakeholders and Partners and, embedding Media Literacy across Ofcom. Members were asked for their feedback on the remit and their agreement for the Media Literacy sub-group to continue working with the Media Literacy team on the 3 year strategy and business plan.

15. It was AGREED that the sub-group members would provide feedback to the Media Literacy team and that the next update should be presented to members in April. This should include identification of the Media Literacy landscape and initial thoughts on Ofcom’s role in this.

Approval of the new BCAP advertising rules for gambling

16. Members NOTED that the new BCAP advertising rules for gambling come into force in September 2007, when the Gambling Act 2005 would be fully implemented. BCAP had REQUESTED the Content Board’s approval of its proposed new rules for the advertising and gambling on television and radio.

17. Members NOTED that BCAP had suggested that the National Lottery should not be immediately subject to the new rules but that the National Lottery advertising rules should be reviewed separately. In the meantime, the National Lottery would remain subject to the current, less restrictive, advertising rules on lotteries. In particular, the advertising must not be directed at people under 16 or use treatments likely to be of particular appeal to them or appear in or adjacent to children’s programmes. The project team have RECEIVED assurances from BCAP regarding the separate review of the National Lottery rules which they consider sufficient and appropriate. These rules would be presented to the Content Board separately.

18. Members NOTED that responsibility for drawing up new rules was specifically delegated to BCAP and that therefore intervention from Ofcom would be appropriate only where issues of some substance need to be raised.

19. Members NOTED that “particular” appeal was referred to in both the Broadcasting Code of Advertising Practice and the Code of Advertising Practice rules, for example when referring to advertising to children in Bingo, Lottery and the Pools. In contrast, “strong” appeal was a significant step-change in criteria. However, it was NOTED that BCAP would be conducting a compliance review a suitable time after the implementation of the gambling rules. If BCAP find robust evidence of a causal link between gambling advertisements and people under 16, they will review the relevant rules including the rule on “particular” appeal.

20. Members APPROVED all significant changes to the broadcast advertising rules subject to BCAP’s assurances regarding a separate review of the rules relating to advertising of the National Lottery.

21. Members REQUESTED that BCAP submit their revised proposed new rules for the National Lottery to Ofcom in six months time and that BCAP review the impact of the new BCAP rules after a period of 12 months following full implementation.

Digital Dividend Review: presentation

22. Members NOTED that this project examined the options for the award of the spectrum released by digital switchover. A consultation document on Ofcom’s proposals was released on 19 December 2006. The consultation period closes on 20 March 2007.

23. The core digital dividend, which will be available for new users following DSO, will be approximately one third of the available MHz of spectrum currently used by analogue television, the remaining two thirds having been allocated by the Government for use by DTT following switchover. Members NOTED the many possible uses including mobile television and mobile communications. Extensive research, economic modelling and technical research have been carried out to assess the potential uses.

24. The proposals included a market led approach to the release of spectrum. The DSO will take place between 2008 and 2012. Members NOTED that spectrum packaging will either be “cleared” ie nationally available and offered in UK-wide packages or “interleaved” ie white space between six multiplexes, which will be a regionally available spectrum. It was NOTED that wireless microphones were mainly used by programme-making and special events (“PMSE”) producers in white spaces between broadcast transmitters but also in channels 36, 38, and 69. A key proposal was to make channel 69 available for continued PMSE use but to deregulate access by making some or all using licence-exempt.

25. Members NOTED that the PMSE sector had voiced concerns over disruption in the short term. The proposals include an assurance that some packages of new interleaved spectrum would be auctioned with a requirement to make spectrum available for PMSE transitional use until at least 2012.

26. In addition, it was proposed that Channel 69 be made available for wireless microphones, free of charge and licence exempt and that views should be sought on other low-power uses and possible “innovation reserve”. There then followed a robust discussion in respect of possible strategic use of an “innovation reserve”.

27. Members REQUESTED that the DDR team present their UPDATED findings to the Content Board around April or May, and that the Content Board is copied in (for information) on the paper going to the Board in April providing a summary of consultation responses RECEIVED.

Introduction to Executive Colleagues

28. Members were introduced to Peter Phillips, Partner Strategy and Markets.

29. Members RECEIVED a short presentation on the roles and functions of the Strategy and Markets group within Ofcom.

Children’s Privacy Issues

30. Members NOTED the challenging range of privacy complaints.

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.

Members’ Interests

32. There were no new declarations for the Register

Minutes of 23 January 2007 & Matters Arising

33. The minutes of the Content Board meeting held on 23 January 2007 were AGREED with no amendments.

Rolling Forward Plan of Content Board Agendas

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

Ofcom Board Meeting of 12 December 2006

35. The Chairman UPDATED Members on the matters raised at the Ofcom Board Meeting of 12 December 2006.

Radio Licensing Committee – Report Back

36. Members RECEIVED a report on the current issues with which the Radio Licensing Committee was involved. Members NOTED that commercial radio licence applications had been RECEIVED from South Wales. The minutes of the meeting held on 11 January 2007 were NOTED.

Papers for information

37. Members NOTED the following papers for information:

Matters for External Communication
Briefing on Teletext. The Members expressed their particular appreciation for this report.
The future of Children’s programming. It was NOTED that Joyce Taylor would represent the Content Board on this project and that Members should forward, to her, any comments on the paper.

Minutes for Noting

38. Members NOTED the minutes of the following meetings:

Advisory Committee for Scotland – 21st November 2006

Channel 4 Financial Review: Approval of a supplementary Ofcom report on Channel 4’s remit

39. Members were briefed on the second draft of Ofcom’s findings of the analysis of Channel 4’s delivery of its remit. Members were reminded that the Content Board had reviewed progress and C4’s submissions on the interpretation and the delivery of its public service remit at the December and January meetings. It was NOTED that the paper was due to go to the main Board in late February (since the main Board meeting this timing has been delayed until mid March).

40. The key conclusions of the analysis were NOTED.

41. In addition, it was NOTED that LEK had been carrying out an independent assessment of Channel 4’s financial projections and that it was the team’s intention to publish LEK’s report, Ofcom’s remit delivery paper and Channel 4’s submission on its PSB delivery on 28 March 2007.

42. It was NOTED that the report was intended to be read in conjunction with Channel 4’s submission on its remit delivery and not on a standalone basis. The report was intended to be factual in nature rather than an expression of Ofcom’s views on Channel 4’s remit delivery.

43. The findings and the full LEK report would be made available to members for feedback.

44. Members expressed concern about the accountability and governance for delivery of public service content.

45. Members REQUESTED that further context on the media environment in which Channel 4 operated should be added to the report prior to recommending that the report be submitted to the Main Board.

Visits to Commercial Radio Operators – 19th March

46. Members NOTED that simultaneous visits to Chrysalis and London Media Company had been planned for Monday 19th March. A series of questions addressed to the organisations have been prepared. Members were REQUESTED to comment on these questions.

47. It was AGREED to proceed with these visits as planned.

Any Other Business

48. The Chairman informed members that his forthcoming individual meetings with them would be an opportunity to review how the Board was operating and he looked forward to receiving feedback from them on this.

49. It was NOTED that the Chairman was discussing a joint meeting with BBC Trust and Ofcom’s Editorial Committee to review the possibility of joint research.

50. It was NOTED that Members would be kept aware of all relevant conferences and events and that they would receive invitations as appropriate.

Date of Next Meeting

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