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14|07|04

Ofcom Broadcasting Code focuses on protection of minors and importance of freedom of expression

Ofcom today published its draft Broadcasting Code setting out its proposed new programme and sponsorship rules for radio and television broadcasters. The draft Ofcom Code will replace the six Codes inherited from Ofcom's broadcast regulator predecessors, the Broadcasting Standards Commission, the Independent Television Commission and the Radio Authority.

The draft document marks a departure from previous Codes in a number of areas:

• The Ofcom Code has been entirely rewritten to incorporate the approaches to radio and television content regulation set out in the Communications Act 2003.
• The Code presents a unified set of rules across both radio and television, with distinctions between media made only where absolutely necessary.
• The document is significantly shorter than the Codes it replaces, offering broadcasters a simpler and clearer rulebook.
• The new Code is underpinned by the evidence from recent Ofcom audience research, notably the survey of 6,000 television viewer households undertaken as part of Ofcom's Public Service Broadcasting Review.

Principal changes include the following:

Protecting the under-18s

The Communications Act 2003 for the first time requires the regulator to protect under-18s. The draft Code therefore rebalances the approach to regulation by laying greater emphasis on rules to safeguard the young, and in particular children, defined as the under-15s. This section contains many of the rules which were previously applied to all channels, regardless of whether or not they were aimed at a younger audience.

This approach is supported by the outcome of research for the Public Service Broadcasting Review; 85% of adults surveyed believe the protection of minors should be a priority for Ofcom.

Protecting freedom of expression for adults

Section 3 of the Communications Act states that Ofcom should set standards on harm and offence in a way which best guarantees freedom of expression. Ofcom believes this can be best achieved through a less intrusive regulatory approach to material intended for adult audiences. Broadcasters will instead be expected to exercise greater responsibility for ensuring adult viewers and listeners are informed about the contents of programmes.

Harm and offence: This replaces the previous statutory requirement that broadcasters should not offend against ‘taste and decency’. Under the proposed new rules, Ofcom will be able to place greater emphasis on the context of a programme when considering matters of alleged harm or offence. Factors to be considered would include audience expectation, the type of programme, the channel upon which it is broadcast and the time of broadcast.

Sponsorship rules: Whilst the principle of editorial independence and commercial transparency remains paramount, the rules to achieve this have been reduced to the minimum necessary, with the broadcasters given greater freedom to operate within clearly defined limits.

The draft Code is designed to reflect the realities of today’s television and radio environment, setting out consistent principles with the flexibility appropriate to an era of digital multi-channel broadcasting. The public consultation will invite views on the practical implementation of this, including how best to achieve the statutory requirement of due impartiality in a world of multiple news and information services aimed at a wide variety of audiences.

The Code, once finalised, will apply to all commercial television and radio services. It will also apply to the BBC, with certain exceptions regarding sponsorship and commercial references as well as election and referendum reporting. Matters concerning due impartiality and due accuracy in BBC programmes are regulated by the BBC Board of Governors.

Tim Suter, Ofcom’s Partner for Content and Standards, said: “A healthy broadcasting system has creative, challenging and provocative programming at its heart. It also respects the desire expressed by parents for tough safeguards to protect children. The Code aims to achieve the right balance between the two.”

The draft Code is issued for public consultation: responses are invited by Tuesday 5 October 2004. Ofcom intends to publish the new Code at the end of January 2005; the Code will come into force from the end of March 2005.

Ends.

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