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Ofcom Broadcasting Code: FAQs

1 Why has Ofcom published a new Broadcasting Code?

Parliament has charged Ofcom with the task of setting standards for the content of television and radio broadcasting to secure a number of objectives. These objectives are set out in full in section 319(2) of the Communications Act 2003, and include:

The new Code replaces previous codes set by the previous broadcasting regulators – the Independent Television Commission for commercial television, the Radio Authority for commercial radio and the Broadcasting Standards Commission on matters relating to taste, decency, fairness and privacy.

2 When does the new Code come into force?

The new Code comes into force on 25 July 2005, with the following exceptions:

3 What are the key principles of the Code?

In a rapidly changing broadcasting environment, the Code requires that children are protected and that adults are given the information they need to make informed choices.

Ofcom has sought to target regulation where it is required, to be proportionate, consistent and create regulation which is achievable. It has had to have regard to its duties to promote choice and competition, further the interests of citizens and, support innovation, creativity and investment.

4 How much research and consultation has Ofcom undertaken to inform the Code?

A draft version of the Code was published for consultation on 14 July 2004. The consultation formally closed on 5 October 2004. Overall we received over 950 responses; we also received over 1500 postcards as part of a mediamarch campaign.

In finalising the Code, we have considered each and every response received, making a number of changes as a result. We have published a detailed summary of the most significant issues raised by respondents and our own responses on those issues.

As an evidence-based regulator, Ofcom commissioned research to inform the drafting of the Code (and accompanying guidance). We are publishing this research on our website. It includes:

5 How relevant is the growth in digital take-up in informing the Code?

As listeners and viewers exercise choice in a digital and multi-channel environment, it is important to allow broadcasters as much freedom as is consistent with the law to differentiate between services and offer choice to their audiences.

The Communications Act 2003 clearly envisages both audiences and broadcasters taking more responsibility for what is broadcast on the one hand and what is received on the other.

6 How does the Code protect the under-18s?

The Code explicitly states as one of its principles: “To ensure that people under eighteen are protected.”

However the “under-eighteens” is not a single group and we consider that different age groups require different protections. Therefore, the code has rules for children (those under fifteen) as well as young children and the under eighteens.

Section one has rules on:

7 When applying the Code to programme content, why is "context" important?

The Act for the first time lists a number of matters that Ofcom should take into account when setting standards. These include:

The Code therefore requires that material that may cause offence should be justified by the context and appropriate information broadcast where it would assist in avoiding or minimising offence. The meaning of context includes those matters set out in the Act and listed here. This means the Code recognises that in a multichannel world it is possible to apply the Code individually on a case by case basis taking into account different factors. Theses factors have previously been considered by the broadcaster in scheduling material but now they are explicitly listed.

8 Why has the ban on BBFC-rated R18 material been retained when premium subscription film channels will be allowed to be broadcast 15-rated films at any time of day?

There are two very different classifications involved here: 15-rated films and R18 material.

Under the new Code, premium subscription film channels may transmit BBFC (British Board of Film Classification) 15-rated films or their equivalent at any time, as long as such channels can provide sufficient protection, eg a PIN must be entered on every occasion that a viewer turns to that channel. Ofcom believes this will be a real benefit to viewers, while ensuring that children can still be sufficiently protected.

However, in the case of adult material with a BBFC R18 certificate (commonly known as hard-core pornography), Ofcom believes that it is appropriate to take a more precautionary approach. Research commissioned by Ofcom indicates that some children in the current environment are able to access and use their parents’/carers’ PIN numbers without these adults’ knowledge. Given the strength of the material – and adopting the precautionary approach – Ofcom is not satisfied that under 18s can be effectively protected from this material. Therefore, under the new Code, R18-rated material is not permitted to be broadcast. However, if future developments enable more secure protection, Ofcom would consider whether to review this position.

9 How effective are PINs in protecting audiences?

Ofcom acknowledges that PIN mechanisms in the current broadcast environment do provide protection for minors to some extent. Such mechanisms should continue to be used a form of protection against the sort of material currently broadcast, along with a watershed and clear information.

However, the research that Ofcom commissioned into the effectiveness of PIN protection systems and into the viewing habits of the under-18s indicates that PINs are currently unlikely to prevent children accessing explicit R18 material.

10 How does the Code balance freedom of expression with what might be regarded by some as offensive material?

The Code sets out clear principles and rules which allow broadcasters freedom for creativity and audiences greater freedom to exercise informed choices, whilst maintaining the standards required by Parliament.

The Code accepts that where broadcasters can editorially justify content and provide appropriate information, they should be able to include more challenging material even though that may be considered offensive by some.

This freedom, however, is limited because children must be protected by appropriate scheduling from material that is unsuitable for them.

Section Two: Harm and Offence requires that generally accepted standards should be applied to the contents of television and radio services. This is to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.

In applying generally accepted standards, broadcasters must ensure that material which may cause offence is justified by the context. For the first time in a broadcasting code, the meaning of “context” is explained.

11 Which broadcasters are covered by the Code? Are there any exceptions?

The Code applies to all commercial television and radio services.

It also applies to the BBC, with certain exceptions for BBC services funded by the licence fee or grant in aid. The exceptions are Sections Five (due impartiality and due accuracy), Six (election and referendum reporting), Nine (sponsorship), and Ten (commercial references). Also part of Section Six does not apply to S4C.

12 How relevant is the watershed to the new Code?

The Code requires television broadcasters to observe the watershed (still at 21:00) and radio broadcasters to have particular regard to times when children are particularly likely to be listening, eg breakfast time.

However, Ofcom recognises that as technology and market changes increase (such as the use of time-shifting devices eg PVRs) there will be a long-term impact upon the watershed’s effectiveness as a tool to protect children.

The Code also requires that children must be protected by appropriate scheduling from material that is unsuitable for them. Whether scheduling is appropriate should be judged against a number of factors, including the nature of the content, the likely number and age range of children in the audience and the likely expectations of the audience.

13 What powers of redress does Ofcom have when the Code is breached?

If the code is breached, Ofcom will normally publish a finding, explaining the basis for its finding. When a broadcaster deliberately, seriously or repeatedly breaches the Code, Ofcom may impose statutory sanctions against the broadcaster including a fine, or for the most serious of cases, revocation of licence (not in the case of the BBC, Channel 4 or S4C).

14 Has Ofcom considered lifting the rule on product placement?

Product placement remains prohibited.

However, Ofcom recognises that, in the new broadcasting environment, traditional spot advertising revenues may be under threat and we are keen to examine and explore new potential funding sources. These include product placement possibilities in the light of what the TWF Directive may allow now and in the future when it is reviewed. The EU has stated that it will reach a provisional position on product placement as part of the re-drafting of the TWF Directive by the end of the year.

Ofcom will consult on product placement in the context of programme funding later in the year.

15 What is Ofcom doing to help broadcasters interpret the Code?

Ofcom is providing web-based guidance on the Code to help clarify certain aspects of the Code. However, this guidance is advisory rather than binding; it will be reviewed and updated as necessary.

In addition, Ofcom is planning a series of workshops across the UK for broadcasters.


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