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This section is laid out as follows:

• Proposed Code section 3
• Background to proposed Code section 3
• Proposed inclusions
• Proposed deletions
• Questions

Proposed Code, section 3, Crime

(section 319(2)(b) of the Act)

Principles

To ensure that material likely to encourage or incite crime is not included in television or radio services.

To ensure that material likely to lead to disorder is not included in television or radio services.

To ensure that broadcast material does not enable viewers or listeners to commit crime.

Rules

3.1 Material likely to encourage or incite crime, or likely to lead to disorder must not be included in television or radio services.

3.2 Material that enables viewers or listeners to commit crime must not be included in television or radio services.

3.3 No payment, promise of payment, or payment in kind, must be made to an individual convicted, by a court of a criminal offence, or to their family, friends or colleagues directly or through agents, for an interview or other contribution to a programme relating to their crimes. The only exception is where it is justified by the public interest, and the material cannot be obtained otherwise. In those circumstances the payment or benefit must be declared on air.

3.4 While criminal proceedings are active, no payment or promise of payment may be made, directly or indirectly, to any witness or any person who may reasonably be expected to be called as a witness. Nor should any payment be suggested or made dependent on the outcome of the trial. Only actual expenditure or loss of earnings necessarily incurred during the making of a programme contribution may be reimbursed.

3.5 Where criminal proceedings are likely and foreseeable, payments should not be made to people who might reasonably be expected to be witnesses unless there is a clear public interest, such as investigating crime or serious wrongdoing, and the payment is necessary to elicit the information. Where such a payment is made it will be appropriate to disclose the payment to both defence and prosecution if the person becomes a witness in any subsequent trial.

3.6 Material must not be broadcast that could endanger lives or prejudice the success of attempts to deal with a hijack or kidnapping.

Background to proposed Code section 3 - Crime

1. The principles and rules in this section of the Code are based on section 319(2)(b) of the Act. (You can find this in annex 4 of this consultation.)

2. The Act requires that television and radio services must not include material likely to encourage or incite crime.

3. The Act requires that material likely to lead to disorder is not broadcast.

4. The wording of the legislation (and its intention) has not changed in any significant manner from the relevant sections of the Act 1990.

5. Previous regulation on 'incitement to crime and disorder' was found in section 5 of the ITC Programme Code and in section 4 of the Radio Authority Programme Code. (Some of section 1.7 of the ITC Programme Code also dealt with imitable violence.)

Proposed inclusions

6. The proposed three principles are new. The principles are based on the wording of the Act.

7. Rule 3.1 is, in general, a direct transfer from previous Codes and Guidance. The wording has been slightly changed so that it reflects the wording and intentions of the Act.

8. Rule 3.2 is also a change in wording but not in intention. The rule is based on the objectives found in the Act and closely reflects the principles found in earlier Codes and Guidance.

9. Rule 3.3 is a change. It attempts to clarify the principles found in earlier Codes and Guidance that were thought to be difficult to interpret. It requires transparency so that viewers and listeners are aware of any benefits to former criminals and their families and can judge their contribution accordingly. The revisions also mean that the Code governing radio and television will now be more consistent with the recently revised Codes regulating the print press.

10. Rules 3.4 and 3.5 contains wording agreed in discussion between the legacy regulators and the Lord Chancellor's department. The government had been inclined to legislate on this issue but will not do so if regulation can achieve the same objective.

11. Rule 3.6 continues a rule in the legacy Codes and is designed to prevent broadcasters transmitting material that could endanger attempts to resolve or end a kidnap or hostage situation.

Proposed deletions

12. Much of what was previously found in earlier Codes has been simplified and standardised in the new rules. However a number of rules have been omitted from this section of the new Codes.

13. It is proposed that a rule governing demonstration of criminal techniques, contained in section 5.5 of the ITC Programme Code, is no longer included as a rule in its own right as it is covered by rule 3.2.

14. Section 4.3 of the RA Programme Code and section 5.3 of the ITC Programme Code on reporting terrorist or criminal activity are no longer included in this section as the Terrorism Act UK 2000 covers this issue.

15. Section 5.6 of the ITC Programme Code that regulated relationships with the police is no longer included in this section as it is now covered by the section on privacy (section 8 of the Code and section 11 of this consultation.)

16. Section 5.7 of the ITC Programme Code on the presence of television cameras at demonstrations and scenes of public disturbance has been omitted from this section as it is felt that the principle is dealt with by rule 3.1 which states that broadcasters must not transmit material that is likely to lead to disorder.

17. Previous rules contained in section 5.8 of the ITC Programme Code on smoking and drinking have been omitted as this is now covered in section 1 of the Code, Protecting the Under Eighteens, which can be found in consultation section 4.

18. Section 4.6 of the RA Programme Code on "Sexual and Other Offences Involving Children" is not included in this section of the Codes as it is covered in section 1 of the Code, protecting the under eighteens, which can be found in consultation section 4.

19. Section 1.7 of the ITC Programme Code outlined guidance for the broadcasting of violent material. Rules regarding the portrayal of violence have not been included in this section. Violence is separately dealt with in section 1 of the Code, protecting the under eighteens, which can be found in consultation section 4 and also in section 2 of the Code, harm and offence which can be found in consultation section 5.

Questions

Question 6a:
Are the principles, rules and meanings necessary, consistent, proportionate and achievable? If not, can the wording be improved and if so how?

Question 6b:
Are there any principles, rules or meaning we have not put here which would achieve the intentions of the Communications Act and other applicable legislation and be necessary, consistent, proportionate and achievable?

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