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75. In a ‘converged media world’ viewers and listeners will be able to obtain their ‘content’ via satellite, cable, digital terrestrial television or digital audio broadcast. It may be subscription, free to air, encrypted or PINprotected. Online content may be accessed via premium rate telephone lines, over the internet or streamed by broadband connection. Programmes can be watched and listened to on television and radio sets, on PCs or on 3G mobiles. Programmes may be available on-demand at any time or time-shifted by personal video recorders. Content will also come to us on VHS, CD, MP3 and DVD. Some of this content will be regulated, some not. The potential for confusion, frustration and offence is great.

76. Young and vulnerable people need protection from inappropriate and harmful content and services from whatever source. Ofcom’s codes will continue to afford protection in the areas we regulate. The industry, in the form of self and co-regulation will also take some responsibility. But it will fall to all of us to take more responsibility for what we and our families watch and listen to. We will all become gatekeepers for content coming into our homes.

77. We have to become more ‘active’ viewers and listeners. Some may need to be more proactive in protecting themselves and their families than others: those with young children may need particular help.

78. We need to know more about the nature of programmes and how they come to be on our screens and radios. We need to know how to get the programmes we want, and how to keep off our screen and radio the programmes we do not want. In short, we will have to take more control of our viewing and listening.

79. To enable this, we consider viewers and listeners need to have clear, accurate and timely advice about the nature of content so that they can make an informed choice. This advice can be effectively delivered using a content labelling framework.

80. Ofcom challenged the industry to consider creating a common content labelling (information) scheme for electronic audiovisual material delivered across all platforms. With industry agreement, We propose that we should establish a cross-media working group on labelling (including the BBC, PSB commercial broadcasters, BSkyB, BBFC, the mobile industry, ISPA, ELSPA and others) as a first step.

81. We propose the following definitions:

• Label - a word or phrase to describe the nature of content e.g. contains strong language;
• Rating - an appraisal of the nature of content e.g. suitable for family viewing. Also known as a ‘classification’; and
• Audiovisual material - any content that uses a combination of sight and hearing to present information e.g. video, but not still images.

82. The Netherlands was the first country to introduce a uniform classification system for the audiovisual industry. Research^(-3-) by the Netherlands Broadcasting Corporation indicates that over 80 per cent of parents of children aged between four and 15 want some sort of classification of audiovisual products. A similar proportion of parents also said they would use such a system if it were available. In particular, parents want to know if productions contain violence, discrimination, drug abuse, frightening scenes, strong language and sex. Research^(-4-) by the BBFC confirms these findings and suggests these categories should be expanded to include some indication of frequency or intensity.

83. Recent unpublished research by the BBC also suggests that viewers of television programmes prefer information about programmes to be delivered to them as clear text messages describing content which may cause offence.

84. In the digital age, viewers and listeners will become ever more reliant on the content provider to offer information about the nature of content. Whilst some information included in labels may facilitate searching, our prime concern is to ensure consistency in presenting information related to possible harm and offence and protecting young and vulnerable people from inappropriate material.

85. Already, however, there is a divergence in the regulatory frameworks and rules that apply and Section 6 Common labelling of audiovisual materials Ofcom’s strategy and priorities for the promotion of media literacy 12 different sectors use different labels and are promoting different solutions. Without some collaboration and planning there is the likelihood that this will result in multiple, conflicting label systems that will confuse.

86. Ofcom has a critical role to play to ensure consistency and accuracy of information about content in order to inform and empower viewers and listeners in the digital future. Responses to the consultation

87. Consumer groups, many non-industry stakeholder organisations (film, education, academics, libraries and child protection agencies) and individuals supported the proposal.

88. However, the majority of television broadcasters (exceptions include the BBC, SMG and The Community Channel) were opposed to the introduction of a common labelling scheme – at least at the current time. The commercial public service broadcasting (PSB) channels (ITV, Channel 4 and Five) believe there is insufficient evidence showing consumer harm or detriment to justify the possible cost. They are not convinced that a divergence of labelling schemes will be inherently confusing or that a common labelling framework will deliver the type of information required for informed choice. They also argue there is a strong link already in place between viewer expectation and behaviour and the channel or brand (especially with the PSBs). This understanding on the part of the viewer about the nature of the channel concerned therefore reduces the need for a common framework and, furthermore, it is argued such a common framework could weaken the brand.

89. Internet Service Providers’ Association (ISPA) and various other web-publishing stakeholders (Newspaper Society and others) also expressed their concern, as did the Mobile Broadband Group (MBG).

90. A general concern was the inherent differences between broadcast and online material (regulated v non-regulated) and the sense that a common labelling framework could be regulation by another name (ISPA and Yahoo).

91. A common practical concern was the perceived difficulty in getting a workable framework in place for different types of media. However, the Internet Content Rating Association (ICRA) outlined in their proposal how the ICRA label model for internet content could be developed to afford labelling of content on all platforms.

92. THUS noted that a common framework, even if it could be applied to UK originated web material, might actually cause confusion or a false sense of security amongst internet users if non-UK material was not labelled in a similar way.

93. A number of important issues related to labelling were discussed at a stakeholder consultation meeting in July. Members of the media literacy team were in attendance to capture stakeholder’s comments. Ofcom’s response

94. Ofcom continue to strongly support the need for providing viewers and listeners with adequate information about the nature of content so that they can make informed choices about their and their family’s viewing and listening. We do not underestimate the likely impact of people’s changing viewing habits on the industry. The sooner we recognise and begin to prepare for these changes the less impact they are likely to have on viewers and the industry.

95. We recognise the concerns expressed in the consultation responses and without the support of broadcasters and internet service providers the initiative will not succeed. For this reason, Ofcom consider that the initial focus of the working group should be to undertake further research.

96. The working group will investigate how viewers prefer to receive information about the nature of challenging content at the point of choice in the digital age. Ofcom will invite representatives of the PSB broadcasters, BSkyB, BBFC, ISPA, ICRA, the children’s charities, the Mobile Broadband Group, Voice of the Listener and Viewer (VLV) and others to form a working group. The working group will consider how people’s viewing and listening habits may change in a digital world where multichannel broadcast, personal video recorders and audio-visually rich on-demand services may be the norm. Experience of viewers and industry in other countries where similar labelling schemes are in place will help inform the group’s work. The outcome of research will define what needs to be done to allow people to make informed choices in the digital communication age.

Footnotes

3:- http://www.kijkwijzer.nl/engels/ekijkwijzer.html

4:- Sense & Sensibilities: Public Opinion & the BBFC Guidelines, September 2000

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