Content Standards Regulation

Presentation to London Metropolitan University

MA Communications Management students

Damian Radcliffe, Ofcom 10th March 2011

Communications Act 2003 section 3

It shall be the principal duty of OFCOM, in carrying out their functions -

a) to further the interests of citizens in relation to communications matters; and

b) to further the interests of consumers in relevant markets, where appropriate by promoting competition

Purpose of Ofcom

✴ Protecting the Under-Eighteens

✴ Harm & Offence

✴ Crime

✴ Religion

✴ Due impartiality and accuracy

✴ Elections

✴ Fairness

✴ Privacy

✴ Sponsorship

✴ Commercial References

Broadcasting Code

✴ Key Factors

- “adequate protection...” against harm and offence

- offence must be “justified by the context”

- context:

‣ editorial content

‣ the service it is broadcast on

‣ time it was broadcast

‣ likely size & composition of the audience

‣ information

Generally Accepted Standards

- freedom of expression and news

- important and serious treatment - public interest

- documentary evidence and not sensationalised

- news channel

- warning

- no prohibition on point of death

Al Jazeera

✴ Key Factors

- length

- cold-blooded and callous

- extremely graphic

- just after 9pm watershed

- point blank shooting

- noted a range of techniques available

✴ Key Factors

- impartiality - restriction on freedom of expression

- exercise great care - political debate

- code allow for personal view programmes but...‘due impartiality’ must be maintained

- no requirement for equal time

- must acknowledge alternative views exist

- major matter - ‘due weight’

- systems in place to ensure impartiality is maintained

Impartiality

✴ Programme

This evening news bulletin included a report on the sentencing of Mr James Kerr for the murder of Mr Thomas Nicoll

✴ Complaint

Ms ‘B’ complained that the programme unfairly suggested she made false claims of sexual abuse against Mr Thomas Nicoll and that she may “have his death on her conscience”.

✴ Key Factors

- Public interest in unrestricted court reporting

- Public interest in reporting that abuse claims were cause of murder

- Very serious allegation made against Ms ‘B’

- No factual basis for allegations that abuse claims were false

STV News Report

✴ Programme

- Factual ‘fly on the wall’ programme following the work of the Greater Manchester Police Dog Unit. ‘F’ (a minor) was shown driving and abandoning a car and then being arrested by the police.

✴ Complaint

- ‘F’s father complained that his son’s privacy was unwarrantably infringed by the broadcast (without consent) of un-obscured images of his son being arrested.

✴ Key factors

- Incident took place in public

- Public interest in disclosing crime and wrongdoing

- Public interest in examining the work of the police

- He was a minor

- His prosecution was subject of reporting restrictions prohibiting the showing any images of him

Send in the Dogs

✴ Key Factors

- rules based on European law

- over-promotional

- tele-shopping style

- the way it was filmed

- editorial justification

- context - news not review programme

Undue Prominence and Promotion

Generally accepted standards

•  Swearing after the watershed

•  Finding for Ramsays Great British Nightmare, Channel 4, 30 January 2009, 21:00 - 23:00 (in breach) http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb133/

•  Free Agents, Channel 4, various dates from 20 February 2009, 22:00  (not in breach)

• Offensive images

•  Finding for News, Al Jazeera, 9 February 2010, 21:04 (in breach) http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb156/

Impartiality

•  Finding for Comment & The Real Deal, Press TV, January 2009, Various dates and times (in breach) http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb139/

Find out more (related to the clips we saw)

Fairness and Privacy

•  Finding for Scotland Today – STV, 18 Jan 2008, complaint made by Ms ‘B’ (upheld) http://stakeholders.ofcom.org.uk/binaries/enforcement/broadcast-bulletins/obb122/issue122.pdf

 

• Finding for Send in the Dogs, ITV1, 28 July 2009, complaint by Mr E made on behalf of F (his son) – (upheld) http://stakeholders.ofcom.org.uk/binaries/enforcement/broadcast-bulletins/obb151/Issue151.pdf

Undue prominence and promotion

•  Finding for Five News at 7, Five, 5 February 2009, 19:00 (upheld) http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb136/

Find out more (part two)

✴ Public concern remain about some content

✴ But convergence creates possible confusion

✴ Statutory v self-regulation

✴ Role of media literacy

✴ The importance of freedom of expression and information

✴ So what are the important areas:

– Protection of children

– Privacy

– Transparency (whether commercial or labeling)

Challenges for the Future?