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Statement on the Ofcom Broadcasting Code

The Consultation

The draft Ofcom Broadcasting Code (“draft code”) was published for consultation on14 July 2004. The consultation formally closed on 5 October 2004 although some further submissions were received after that date. Overall, we received over 950 responses and we also received a campaign from mediamarch of over 1500 postcards.

The quality and quantity of the responses demonstrates the importance that standards in broadcasting have to citizen-consumers and to those who work in the industry and other stakeholders. Of the non postcard responses 35 were from broadcasters, 96 were from other stakeholders and 819 from members of the public. A full list of non confidential respondents is included in this statement and is available on the web site^(-1-).

Publication of the Broadcasting Code

Because of the very high number of responses received and the very significant level of interest in Ofcom’s new Broadcasting Code (“the Broadcasting Code”), publication was delayed until 25 May 2005. The final Broadcasting Code reflects the many suggestions and considered views expressed by respondents.

Ofcom’s philosophy in setting the Code

In drafting this Broadcasting Code we have sought to target regulation where it is required, to be proportionate and consistent and to create regulation which is achievable. We have had regard to our duties to promote choice and competition, to further the interests of citizens-consumers and to support innovation, creativity and investment.

As listeners and viewers exercise choice in a digital and multi-channel environment, it is important to allow broadcasters as much freedom of expression as is consistent with the law as well as the flexibility to differentiate between services and enable their audiences to make informed choices.

The Communications Act 2003 (“the Act”) clearly envisages both audiences and broadcasters taking more responsibility for what is broadcast on the one hand and what is received on the other. The regulation that Ofcom provides in this Broadcasting Code should include the minimum standards required by law. We have only set more restrictive rules for specific descriptions of services where we believe this can be justified.

In particular:

We wanted to draft a code that would not simply rewrite previous codes but would be a genuinely new code, rooted in the new broadcasting legislation – in particular the Act and the Broadcasting Act 1996 as amended (“the 1996 Act”) whilst also incorporating, where relevant, the provisions of the EU Television Without Frontiers Directive (“TWF Directive”), and in the light of the Human Rights Act 1998, in particular the right to Freedom of Expression.
Driven by section 319 (4) of the Act, we wanted to create a code that recognised the rapidly changing broadcasting environment and increased levels of media literacy. This enables us to ensure that children can be protected and adults are given the information to make informed choices.
Research indicates that the public believe that the primary purpose of standards regulation in broadcasting is to protect the young and we have reflected that by creating a separate section for the protection of the under-eighteens and by taking, where appropriate, a precautionary approach to the protection of children (defined in the Broadcasting Code as those under fifteen). This is also in line with the first standards objective in the Act that those under eighteen should be protected (section 319 (2)(a)).
As a corollary to the necessary protection of children, Parliament has required that generally accepted standards should be applied to television and radio services so that adequate protection is provided to prevent the inclusion of harmful or offensive material. This is more qualified than in previous legislation which required that nothing should be included that would offend against good taste and decency. This means that rules in Section Two of the Broadcasting Code regarding Harm and Offence accept that where broadcasters can editorially justify content and provide appropriate information, they should be able to include more challenging material even though that material may be considered offensive by some. This freedom is however limited at times when children may be particularly expected to be listening or viewing (in television terms pre-watershed).
We wished to clarify and simplify the amount of standards regulation in broadcasting so that the Broadcasting Code could easily read and understood by those who work in the industry as well as members of the public. We have reduced the six codes of the legacy regulators (Radio Authority, Broadcasting Standards Commission and Independent Television Commission) to a single code with appendixes.
Finally we wanted to create a code that acknowledged the reality of convergence and so united radio and television regulation wherever possible without imposing a heavier regulatory burden on either medium. In general respondents agreed with the single code approach with break out rules where necessary for different services.

The statement

This statement summarises the responses to Ofcom’s consultation on its draft code and Ofcom’s response to the points raised. It explains our reasons for changes we have made to the draft code resulting in Ofcom’s Broadcasting Code^(-2-).

Respondents have in some cases commented on every proposed rule and many have suggested changes to the wording, reflecting the very different perspectives involved.

This statement contains a summary of respondents’ views prepared for Ofcom by an independent company which seeks to capture the majority of the comments made. It also contains Ofcom’s response to those comments.

This document could not cover each and every point that has been raised by respondents to the consultation; instead it summarises the most significant issues and Ofcom’s response to them.

However, it should be made clear that, in considering the final wording of the Broadcasting Code, Ofcom has considered each and every response received in its full form (whether confidential or not).

Besides the mediamarch postcard campaign (and a linked campaign to encourage MPs to write to Ofcom), we are aware that there have been three other campaigns running. One is by those in favour of the broadcasting of R18 material (commonly known as hard core pornography) and the other by those opposed to it. There has also been a campaign by those in the adult sex shop industry, who are opposed to the broadcast of R18s, to encourage MPs to write to Ofcom.

Footnotes

1.- We have also published on the website on an anonymous basis approximately 250 responses which failed to state whether or not they should be confidential, despite being requested to make this clear.

2.- This document is not a legal document nor is it part of the Broadcasting Code nor is it an exhaustive account of all the rationale there may be for each and every rule.

The full document is available through the links below.

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Statement on the Ofcom Broadcasting Code

The Consultation

Publication of the Broadcasting Code

Ofcom’s philosophy in setting the Code

The statement

Footnotes

Further information

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