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1. The Office of Communications (Ofcom) is the new regulator for the UK communications industries, with responsibilities for television, radio, telecommunications and wireless communications services. It was established on 29 December 2003.

2. In terms of broadcasting it replaces the Broadcasting Standards Commission (BSC), the Independent Television Commission (ITC) and the Radio Authority (RA).

3. In 2005 Ofcom will publish a new Code for broadcasting. This consultation document contains Ofcom's proposed Code (the Code). All Ofcom television and radio licensees as well the British Broadcasting Corporation (BBC) and Sianel Pedwar Cymru (S4C) will have to comply with it, with certain exceptions for the BBC. These exceptions are sections 8 and 9 of this consultation, which are not relevant to the BBC as the Corporation is separately regulated by the BBC governors on matter of impartiality and accuracy in news (including election and referendum reporting); section 12 of this consultation, regarding sponsorship, which is not relevant as the BBC does not take sponsorship; and section 13 of this consultation regarding commercial references and other matters which does not apply to the BBC as this section refers to international obligations in the European Television Without Frontiers Directive 89/552 EEC, as amended by 97/36/EC (TWF Directive) which the UK government has decided not to apply to the BBC. The relevant sections of the TWF Directive would apply to the BBC only if the government was to issue a notification to that effect.

4. Ofcom is required by the Communications Act 2003 (the Act) and also by the Broadcasting Act 1996 (the 1996 Act) to draw up a Code or Codes setting standards for programmes, sponsorship and fairness and privacy. The relevant sections of the two Acts are in annex 4. The new proposed Code will replace the following six Codes (legacy Codes):

• BSC Code on Fairness and Privacy
• BSC Code on Standards
• ITC Programme Code
• ITC Code of Programme Sponsorship
• RA News and Current Affairs Code and Programme Code
• The sponsorship rules contained in the RA Advertising and Sponsorship Code

5. The Code will apply to all television programmes, radio programming and sponsorship on broadcast services regulated by Ofcom. The Code will not apply to broadcast advertising (except in the case of fairness and privacy in accordance with the 1996 Act.

6. The proposed Code sets out principles and rules (which include minimum standards). It is an Ofcom broadcasting licence condition (and a statutory obligation for the BBC, S4C and S4C digital) that radio and television broadcasters must comply with the standards set out in the rules in the Code. Ofcom has a regulatory duty to investigate, and where appropriate to register breaches of its Code and, if necessary, apply statutory sanctions. (Guidance on case and complaints handling and the statutory sanctions procedure can be found at the Ofcom web site, www.ofcom.org.uk).

7. All rules and principles relate directly to legislation, in particular the Act, the 1996 Act, the TWF Directive, the Political Parties, Elections and Referendums Act 2000 (PPERA) and the Representation of the People Act 1983 (RPA).

8. It is proposed that the Code will be supplemented by guidance on the Ofcom website. Members of the public without access to the web may request a paper copy from Ofcom. The aim of the guidance is to help broadcasters and the public interpret the Code. The guidance will be updated to respond to changes in society and in the way the public view broadcasting standards, and to developments in broadcasting. Ofcom is not required to consult on this guidance, which is non-binding, but you may see one example of draft guidance in annex 10 of this consultation.

9. This consultation document sets out Ofcom's proposals for the new Code. It explains where and how the draft Code is different from the Codes it replaces. Significant issues are contained in section 14, the Regulatory Impact Assessment (RIA).

10. There are other, less substantial, but significant issues raised in the consultation document.

11. Ofcom has tried to draw up a Code which is easy to understand and clearly laid out. Rules that existed before may still exist but be expressed in a different manner. However, Ofcom has also considered creating, changing or omitting other rules. You are asked which, in your opinion, is the best option, and why, or whether there is another option we have not considered. We would welcome any suggestions as to how this Code can be improved, including omissions, additions and changes to those parts where no alternative is offered or question asked. Wherever possible, we would encourage anyone replying to this consultation, to include evidence that might be useful in deciding what should be in the new Code. If a new rule or wording is proposed, we would also like suggestions as to how it can be practicably enforced, if it is not immediately obvious.

12. Ofcom would like responses to this consultation from:

• interested members of the public;
• those who represent the interests of people who watch television, use teletext or listen to radio and sound programmes including those representing minorities;
• broadcasters regulated by Ofcom;
• the BBC;
• companies, professional organisations, associations, bodies, groups or individuals who represent the interests of those who will have to take account of the new sponsorship standards;
• companies, professional organisations, associations, bodies, or individuals who work in the broadcasting sector or related sectors;
• companies, professional organisations, associations, charities, authorities, bodies and individuals concerned with the protection of the under eighteens, the prevention of crime, the prevention of harm, religion in programmes, and the study of broadcasting, or the training of those who work in the broadcasting industry and related sectors;
• The Welsh Authority
• The Electoral Commission
• other regulators.

13. The new Code aims to be proportionate, consistent and targeted. It should remove duplication and simplify and clarify the rules which apply to programme and sponsorship standards. Broadcasters should be able to comply with the rules and understand them. Members of the public should also be able to understand them. In addition Ofcom should be able to use the proposed Code to regulate broadcasting effectively.

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