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15|06|09

Broadcasting Code

Ofcom has today launched a review of its Broadcasting Code which sets rules for TV and radio stations. 

The current Code, which has been in force since July 2005, is the rulebook that radio and TV broadcasters must comply with.

It sets out what is acceptable to broadcast and covers areas such as the protection of children, harm and offence, fairness and privacy and commercial references in programmes.

The main areas under review are:

• A range of proposed new rules for commercial radio. These aim to create greater commercial opportunities for radio stations and could help create a wider range of programming while safeguarding consumer protection and editorial independence. 
• Proposals to clarify other parts of the Code to help broadcasters avoid compliance failures in the future, particularly in relation to audience competitions and voting, and the broadcast of sexual material.

Code review

The consultation also asks whether not-for-profit organisations should be permitted to fund programmes about their own activities or interests. 

These programmes, called 'Public Information Programming', would cover subjects in the public interest but could not deal with controversial matters.

Currently such programming is not permitted.

The revised Code will also include mandatory changes as a result of new European legislation (the Audio Visual Media Services Directive).

The review of the Code has taken into account recent compliance failings, discussions with stakeholders and audience research.

Ofcom will be undertaking further research on public attitudes on the use of language.

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Radio

Our proposals are aimed at liberalising some of the rules on commercial references in programming while continuing to provide consumer protection and editorial independence.

This could provide new opportunities for commercial radio to gain additional revenue.

The proposals are underpinned by audience research into listeners' attitudes towards commercial references on radio.

This shows that listeners would welcome relevant promotions so long as editorial independence and transparency are maintained.

Promotions might be in the following categories:

Content-related promotions: radio stations would be permitted to broadcast brief promotions for products or services directly associated with the programme content (e.g. the offer of a music download of a song just after it has been played).

Venue-sponsored outside broadcasts: stations would be allowed to broadcast outside broadcasts that have been sponsored by the venue or venue owner.

Sponsored listener competition features: listener competitions could include specific references to the sponsor.

None of these forms of programming are currently allowed.

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Competitions and Voting

Ofcom has carried out a number of detailed investigations into programmes using competitions and voting.

The current Code includes rules to ensure that consumers are protected and the audience is not misled.

Where broadcasters have failed to comply with these rules, Ofcom has imposed significant penalties.

While the current rules cover these areas, we consider it would be helpful to further clarify these rules and to incorporate some of Ofcom's guidance in this area within the Code.

There is no change to the current regulatory practice, only a clarification of the rules to benefit broadcasters and audiences.

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Sexual Material

There have been a number of compliance failures concerning the broadcast of sexual material on TV.

To help stamp out such failures, Ofcom suggests clarifying the rules about sexual material and incorporating some of Ofcom's guidance in this area within the Code.   

Again, there is no change to the current regulatory practice, only a clarification of the rules to benefit broadcasters and audiences.

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Public Information Programming

From time to time not-for-profit organisations wish to fund programmes about their own activities or interests. This is currently prohibited under the Code.

The consultation asks whether this prohibition should remain and suggests some possible rules that would ensure audience protection and editorial independence.

These strict safeguards would include:

• requiring that the programmes are in the public interest;
• prohibiting funders banned from TV or radio advertising from funding such programmes (e.g. political parties);
• requiring that the programmes do not cover controversial matters; and
• ensuring that such funding arrangements are made transparent to the audience.

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Audio Visual Media Services Directive

The revised Code will also bring into force mandatory changes in European legislation.

As a result of the new AVMS Directive, the Government decided it will continue to ban product placement on TV and is currently determining the rules relating to product placement.

As these rules will be set out in legislation, Ofcom has no discretion to draft its own rules in these areas.

The requirements will therefore be replicated in the revised Code. 

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Audience research

To inform our proposals on commercial references in radio programming, we commissioned audience research on listeners' attitudes in this area. This is also published today.

We also commissioned research into audiences' views on sexual content on TV to update our understanding of generally accepted standards in relation to a range of sexual material.

This will inform our approach to the application of the rules relating to sexual material and is also published today.

Ofcom has in place a number of rules relating to offensive language and the watershed.

Our rules are applied on the basis of Ofcom's understanding of the attitudes of viewers and listeners, and this is underpinned by audience research.

Firm action

We will conduct further research, and look at all available research, to establish public attitudes towards language, which will inform our application of the Code.

We are not proposing revisions to these rules as part of this review. Broadcasters are required to comply with them, and Ofcom has taken and will continue to take firm action against breaches.

The consultation closes on 4 September 2009.

Read the full consultation and research documents.

Read our guide into the broadcast complaints process

 

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