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24|04|07

Minutes Of The Forty-Ninth Meeting Of The Ofcom Content Board Held At Riverside House, London On Tuesday 24 April 2007

Present

Philip Graf Chairman
Adam Singer Deputy Chairman
Richard Ayre Member
Sue Balsom Member
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 Member and Chair Fairness Committee

Apologies

None

In Attendance

Graham Howell Secretary to the Corporation
Peter Ingram Chief Technology Officer
Denis Wolinski Director of Nation, Northern Ireland (minutes 1 to 2)
Other Ofcom Colleagues

Content and Standards Group Report

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

2. Members NOTED that work was being undertaken on issues around the ‘signing’ of programmes for hard of hearing audiences - the Advisory Committee for Older and Disabled People had engaged with the topic and it was likely that there would be a consultation on issues raised later in the year. The Content Board would be kept up to date on developments.

BBC MOU

3. Members NOTED the decision paper on on the Framework Agreement and Memorandum of Understanding with the BBC Trust. The proposals largely reflected the arrangements already in place between Ofcom and the BBC; the differences being a tightening of the wording of the original production quotas for BBC Four and Cbeebies and agreement on a timetable for increasing the amount of regionally produced network programmes.

4. Members AGREED the proposals in the paper which would then be sent to the BBC Trust for comment.

Participation TV

5. Members were asked to advise the Main Board on the consultation on Participation TV (PTV) due to be published in June. [witheld from published minutes].

6. Members NOTED that the Gambling Commission (GC) was considering whether TV quiz services were in fact lotteries and should therefore be regulated accordingly; the European Court of Justice (ECJ) was also considering the legal status of TV quiz services. Members were advised that there was a risk of consumer detriment if the consultation and subsequent statement was to be held back until the decisions of the GC and ECJ were made.

7. Members considered the merits of the five options for the separation from editorial in dedicated PTV. The members RECOMMENDED that there should be an open consultation and that a sixth option combining elements of some of the others should be added. It was also suggested that, if Option 4 as drafted were not in fact viable, it should be reworded. The members RECOMMENDED that, after consultation, implementation of the consumer protection aspects should not be delayed; however, it was NOTED that the final statement regarding the classification of dedicated PTV might need to wait until after the ECJ’s conclusion regarding teleshopping in late 2007.

Future of News content

8. Members NOTED for discussion a draft report entitled ‘The Future of Television News’. The report was due for issue at the end of May.

9. The members discussed, and recieved clairification on, the context in which the Report was being issued; the Report was considered to be of a very high standard. A number of editorial comments were made and additional comments would be taken outside the meeting. It was AGREED that the revised Report should be recirculated to the Content Board.

BTSR

10. Members NOTED a presentation from the Chairman and the acting Chief Executive on the work carried out by the Broadcast Training and Skills Regulator (BTSR) and the challenges and priorities that the Regulator faced. Members endorsed the BTSR’s approach to assessing training needs and provision, and welcomed the steps being taken to raise the organisation’s profile within the industry. A meeting with licensees had been arranged for 9 May at Ofcom. . It was NOTED that Paul Moore from the Content Board would be acting as the Content Board’s link with the BTSR going forward.

Media Literacy

11. Members NOTED the annual report to DCMS on Ofcom's work to promote media literacy in 2006/07. Members NOTED the report. Members were also given an oral update on general progress in the development of the ML strategy, as well as an overview of the stakeholders being met with. A meeting will be set up with the ML sub-group to review the draft thinking before it is sent to the CB at the end of May.

Convergent Media

12. Members NOTED a discussion paper on Content Regulation and Convergence. The members were asked to consider the overall approach to future content regulation which, if APPROVED by the Main Board, would form the policy underpinning Ofcom’s approach to implementing the new AVMS Directive.

13. Members discussed the report which they found to be of a high standard and offered their comments. They NOTED that the report sought to address the issue of how the current model of content regulation might evolve under the continuing pressures of convergence-and specifically how the pressures of convergence may generate new forms of media which might fall outside the current regulatory framework. The members NOTED the link with, and emphasis on, the promotion of Media Literacy as part of the development of a converged content future.

Next Generation Networks

14. Members NOTED a presentation on Next Generation Networks(NGN).The presentation covered the relevance of NGNs with respect to Content Regulation. It was AGREED that members would forward any further comments they might have onto the team.

ITV non-news in the Nations and Regions: Project Requirement Definition

15. Members NOTED a proposal for a project to assess the suitable minimum requirement for regional non-news programming in each of the ITV Nations and the balance of current affairs to other non-news in the Nations and English regions after the first UK region achieves switchover. The document was welcomed by Members who thought that the project would be of significant interest to stakeholders in the Nations and Regions. It was AGREED that the four National Content Board members would feed any further comments direct to the author of the document. Regular updates would be provided to the Content Board.

Standards Report

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

Members’ Interests

17. There were no new declarations for the Register.

Minutes of 20 March 2007 and Matters Arising

18. The minutes of the Content Board meeting on 20 March 2007 were AGREED.

Rolling Forward Plan of Content Board Agendas

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

20. It was AGREED that it would be desirable to have a presentation on the responses to the Digital Dividend Review consultation take place at the May meeting.

21. Members were requested to forward topics for consideration to the Secretariat.

Ofcom Board Meetings of 27 February and 13 March

22. The Chairman UPDATED Members on the matters raised at the Ofcom Board Meetings of 27 February 2007 and 13 March 2007.

Radio Licensing Committee – Report Back

23. Members NOTED a report on the current issues with which the Radio Licensing Committee was involved. Members NOTED that the last of the applications for community radio licences had been awarded in South West England and South Wales (Batch 3). Members NOTED that a discussion document on Illegal Broadcasting had recenly been published. The minutes of the meeting on 8 March were NOTED.

Papers for information

24. Members NOTED the following papers for information:

Matters for External Communication
Summary of responses to the Digital Dividend Review consultation

Minutes for Noting

25. Members NOTED the minutes of the following meetings:

Consumer Panel – 27 February 2007
Advisory Committee on Older and Disabled People – 24 January 2007
Advisory Committee for Nations & Regions (Scotland) – 28 February 2007

Any Other Business

26. Advisory Committee on Older and Disabled People

Members were asked to express an interest if they wished to attend as a Content Board representative at meetings of the Advisory Committee on Older and Disabled People

27. PSB Conference

The Secretary confirmed that all Members would be invited to the PSB conference in Cardiff on 29 June.