Home > Consultations > Consultation Documents > Broadcasting_code > Ofcom broadcasting code > Section 7

This section is laid out as follows:

• Proposed Code section 4
• Background to proposed Code section 4
• Proposed inclusions
• Proposed deletions
• Questions

Proposed Code, section 4, Religion

(section 319(2)(e) and 319(6)(a) and (b) of the Act)

The rules in this section apply to religious programmes.

Principles

To ensure that a proper degree of responsibility is exercised by broadcasters regarding the content of religious programmes.

To ensure that the religious views and beliefs of a religion or religious denomination are not abused.

To ensure that audience members are protected from improper exploitation.

Rules

4.1 A proper degree of responsibility must be exercised by broadcasters regarding the content of religious programmes.

Meaning of a "religious programme":

A religious programme is a programme which deals with matters of religion or belief, as the central subject, or as a significant part, of the programme.

4.2 The religious views and beliefs of a religion or religious denomination must not be abused.

4.3 Descriptions of religious views and beliefs must be presented with due accuracy and fairness.

4.4 A programme which espouses religious views or beliefs must make the identity of the religion and/or denomination clear to the audience.

Please see the RIA, section 14 of this consultation, for discussion regarding raising funds for religious programmes and services. There is a question on that and also on seeking recruits at the end of this section

4.5 If a programme's underlying purpose is to convey religious views or beliefs, or to seek recruits, then the broadcaster must make that purpose clear to the audience, if it is not already evident.

4.6 Programmes may not improperly exploit the audience by preying on their susceptibilities.

4.7 Programmes that contain claims that a living person (or group) has special powers or abilities must be treated with due objectivity and may not be broadcast at a time when significant numbers of children may be watching or when children are particularly likely to be listening.

Background to proposed Code section 4 - Religion

1. The principles and rules in this section of the Code are based on the Act 319(2)(e) and 319(6), which you can find in annex 4 of this consultation. The Act also refers to religion in a separate context. When describing religion and other beliefs, in the section dealing with the public service remit for television at section 264(13), it defines belief as "a collective belief in or other adherence to a systemised set of ethical or philosophical principles or of mystical or transcendental doctrines". This description is helpful when deciding what is, or is not, a programme which deals with matters of a religious nature.

2. We have also drafted the Code in the light of Articles 9 and 14 of the Convention, which protect the freedom of religious thought and expression, and the practice of religious beliefs, and freedom from discrimination in these areas.

3. The Act requires that there should be a proper degree of responsibility in religious programming and that viewers' or listeners' susceptibilities should not be improperly exploited, or their views and beliefs abused.

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

5. Previous regulation on "Religion" and "Religious and Spiritual Matters and Coverage of Paranormal and Supernatural Issue"' was contained, respectively, in section 7 of the ITC Programme Code and section 7 of the RA Programme Code.

6. Please note that there is further protection afforded by restrictions on the broadcast of certain material on the grounds of Harm and Offence, (section 6 of this consultation) and incitement to crime (section 7 of this consultation).

Proposed inclusions

7. The two proposed principles are new. They are based on the wording of the Act. They are designed to outline the Act's intention and help audiences, broadcasters and regulators interpret the rules that follow as clearly as possible.

8. Rule 4.1 is based on the wording of the Act section 319(2)(e). It requires a proper degree of responsibility by broadcasters.

9. The meaning of religious programmes, which follows this rule demonstrates that this section of the Code does not apply simply to e.g. a programme regarding an act of worship but would include other types of programming eg a current affairs programme or a programme about the history of a religion, where religion or belief is a significant part of the programme. Section 264(g) of the Act includes some examples of programmes which are defined as religious programmes for the purposes of the public service remit. But this list is not exhaustive.

10. Rule 4.2 is based on the wording of the Act at 319(6) and requires that religious views and beliefs are not abused. It reflects the principles found in earlier Codes and Guidance. The denigration of religious views and opinions in non-religious programmes would be covered by the proposed rules 2.1 and 2.3 in Harm and Offence.

11. Rule 4.3 is a change. It requires fairness and due accuracy in descriptions of religion. It attempts to address the issue of misrepresentation found in earlier Codes and guidance but seeks to distil the sometimes lengthy provisions into a simple, accessible rule. It relates to the wording of the Act regarding abusive treatment.

12. Rule 4.4 is, generally, a direct transfer from previous Codes and guidance. However, it reflects the requirement of the Act to protect audiences from improper exploitation of any susceptibilities. If audiences know who is addressing them (and why) they are more able to make an informed decision as to how to respond to what is being said, if at all. It draws on section 319(4)(c) of the Act and promotes transparency for audiences.

13. The options and background regarding appealing for funds is explored in the RIA in consultation section 14. A question can be found at the end of this section.

14. There is a separate issue regarding recruits. The Act in section 319(6)(a) requires Ofcom to set standards containing provision designed to secure that religious programmes do not involve "any improper exploitation of the susceptibilities of the audience for such a programme".

15. This is the same wording as that of the 1990 Act. However the ITC and RA interpreted the provision differently. Section 7.6 of the RA Programme Code left it open for programmes and follow up material to recruit as long as it did not improperly exploit the susceptibilities of the listeners. The ITC, in section 7.6 of the Programme Code, required that "Religious programmes on non-specialist channels may not be designed for the purpose of recruiting viewers to any particular religious faith or denomination." The ITC allowed recruitment in programmes on specialist channels but not on general channels. (Television and radio advertising regulation prohibits recruiting in advertisements.)

16. Ofcom can continue the ITC interpretation regarding television or it can bring television into line with radio. If it did so this would be a change. Those whose religion requires their members to convert others may feel the present rule is discriminatory. However those who come across a religious programme on a general channel which is recruiting for members may be offended if they are members of a different religion or no religion. They may also be offended if under eighteens in their families are exposed to such recruitment appeals. There is a presumption that parents wish to retain control of their children's religious, moral and philosophical education.

17. Ofcom invites responses on the issue of maintaining or omitting the present rule prohibiting recruitment by religious programmes on specialist channels. A question is included on this matter at the end of this section.

18. Rule 4.5 relates to this issue. If a programme's motive is to recruit then the programme must be transparent about that. This derives from 319(2)(e) and also 319(6)(a).

19. Rule 4.6 is a reflection of section 319(6)(a) of the Act and can be found in previous Codes and guidance. It requires that programmes do not prey on the susceptibilities of the audience.

20. Rule 4.7 draws on section 319(6)(a) of the Act and also on earlier provisions by the ITC and RA. The intention is primarily the protection of individuals where their susceptibilities are concerned. Some (especially newer) belief-systems have not been subjected to significant peer-review and/or extensive academic scrutiny and are not accountable to any other body. It is proposed that such programmes may not be shown when children, who are as yet unable to form mature judgements on such matters, may be watching in significant numbers or are particularly likely to be listening.

Proposed deletions

21. Much of what was previously found in earlier Codes has been simplified in the new rules. However, the requirement in section 7.9 of the ITC Programme Code that "Licensees must satisfy themselves that follow-up material is responsible in tone and content" has been omitted. This would now be covered by the general rules on programme related material in consultation section 13 (regarding commercial references in programmes and other matters) and requires broadcasters to be responsible for such material.

22. The provisions related to hypnotism in rule 7.13 of the RA Programme Code are now to be found in section 5 of this consultation on Harm and Offence.

23. Currently, the new rules do not differentiate between a general and a specialist religious service. Depending upon the outcome of the consultation, this may change. For example, if it is felt that protection of audience susceptibilities involves the restriction of matters like recruitment to specialist religious broadcasters alone, then the wording of the Code will reflect this.

Questions

Question 7a:
Are the principles, rules and meanings necessary, consistent, proportionate and achievable? If not, can the wording be improved and if so how?

Question 7b:
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?

Question 7c:
Which of the options regarding appealing for funds for religious programmes and/or services described in the RIA, section 14 of this consultation should Ofcom include in the Code and why?

Question 7d:
Should religious programmes on non specialist television services be allowed to recruit?

Question 7e:
Does the final rule in this section provide sufficient protection for children and susceptible audience members or is it, conversely, too protective?

next

Back to top