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Parliament has charged Ofcom (the Office of Communications) with the task of setting standards for the content of television and radio broadcasting which unify and modernise those set by the previous 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. This Broadcasting Code has been developed at a time of rapid change in the distribution of audio-visual content and an expansion of choice in television and radio for most households.

The majority of households now have digital multichannel television and access to digital radio. Additionally, audio-visual content through the internet – a medium unregulated by Ofcom – is increasing. These technological developments, changing patterns of use and wider developments in social attitudes to broadcasting lead to continuing changes in audience expectations. Those expectations are a key factor which the Communications Act 2003 requires Ofcom to take into account in setting standards for television and radio services. More explicitly than ever before, the legislation makes the context within which content is broadcast the focus of regulating standards. Audiences expect challenging and creative content, while also wanting those standards to be maintained and, in particular, children to be protected from unsuitable material. Our duty is to protect the under eighteens and that responsibility is also shared with parents, those who look after children and young people, as well as the broadcasters.

Parliament has also given Ofcom a specific duty to promote media literacy. This will give the viewers and listeners of the future the tools to gain a greater understanding of the context in which content is broadcast and so exercise in an informed manner the increased choice available to them.

This Code is the product of extensive consultation with broadcasters, viewers and listeners and other interested parties. We believe that the underlying principles are sound and durable, and that their application can evolve as broadcasters find new ways of reaching and engaging with their audiences.

The standards in this Code are shaped for television and radio. At European level, discussion has started on Europe-wide regulations, which have not been substantially altered for more than a decade. It will be determined how widely, or narrowly, those regulations should be applied. It is therefore important, as we go into that process, that the UK has a clear framework for the broadcasting media, which still has a critical power to shape our opinions as citizens and to inform democratic debate.

Freedom of expression is at the heart of any democratic state. It is an essential right to hold opinions and receive and impart information and ideas. Broadcasting and freedom of expression are intrinsically linked. However, with such rights come duties and responsibilities. The setting out of clear principles and rules will allow broadcasters more freedom for creativity and audiences greater freedom to exercise their choices, while securing those objectives set by Parliament. The focus is on adult audiences making informed choices within a regulatory framework which gives them a reasonable expectation of what they will receive, while at the same time robustly protecting those too young to exercise fully informed choices for themselves.

Richard Hooper
Chair, Ofcom Content Board

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