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25|05|05

Ofcom publishes new Broadcasting Code

Ofcom today publishes its Broadcasting Code for television and radio. Section 319 of the Communications Act 2003 and Section 107 of the Broadcasting Act 1996 requires Ofcom to draw up a code for television and radio covering standards in programmes, sponsorship, fairness and privacy.

The single, simplified Code, which comes into force on 25 July 2005, condenses the six codes inherited from Ofcom’s broadcasting predecessors into a framework of clear rules and principles. As well as setting standards to protect the under 18s, the Code allows broadcasters as much freedom of expression as is consistent with the law, as well as the flexibility to differentiate between services and enable their audiences to make informed choices.

Key points include:

• Freedom of expression

  • The Code allows broadcasters more creative freedom. It also allows audiences greater scope to exercise informed choice through the provision of information about what is to be broadcast. For the first time in a broadcasting code, the meaning of “context” is given and its importance highlighted.
  • The Code provides for broadcasters to transmit challenging material, even that which may be considered offensive by some, provided it is editorially justified and the audience given appropriate information. The freedom to broadcast this material is, of course, limited at times when children may particularly be expected to be listening or viewing - in television terms, pre-watershed

• Commercial references and other matters

  • In the area of sponsorship and commercial references, Ofcom has deregulated significantly whilst ensuring at the same time that the overriding principle of editorial independence is maintained.
  • The ban on product placement remains in place; however, Ofcom acknowledges the pressure on traditional broadcast advertising as a key source of funding for commercial broadcasters and will consult on product placement in the context of a wider assessment of the broadcast advertising market later in the year.

• Protecting the Under 18s

  • This new section lays greater emphasis on rules to safeguard the under 18s, and in particular children (defined in the Code as the under 15s) who are too young to exercise fully informed choices for themselves.
• Children must be protected by appropriate scheduling - with the use of, for instance, the watershed - from material that is unsuitable for them.
• Children can also be protected by other means, including, for example, PIN mechanisms. For premium subscription film services, Ofcom believes such measures provide sufficient security to allow the rules for these services to be changed. Therefore, provided there is a protection system such as a mandatory PIN - and that these systems are clearly explained to all subscribers - premium subscription film services will now be able to broadcast films which are rated up to a BBFC (British Board of Film Classification) 15 certificate, 24 hours a day. Ofcom believes this will extend viewer choice whilst ensuring children are properly 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. 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.

The new Code has been informed by extensive research amongst viewers, listeners and broadcasters; Ofcom also received more than 900 responses to its public consultation. Ofcom has also taken into account a number of industry and market developments. These include the rapid expansion of choice in television and radio; the fact that the majority of households now have digital and multi-channel television and access to digital radio; changing patterns of use; wider developments in social attitudes; and evolving technology.

Ofcom Chief Executive Stephen Carter said: “The new Code sets out clear and simple rules which remove unnecessary intervention, extend choice for audiences and allow creative freedom for broadcasters.”

He added: “It also secures the protection of the under 18s - which our research has shown to be an important priority for viewers.”

Richard Hooper, Ofcom Deputy Chairman and Chairman of the Content Board, said: "Both broadcasters and audiences told us of the need for clarity and flexibility in how we approach these rules. We believe the new Code meets those requirements."

Ends.

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