Broadcast Regulation

• OFCOM

  It has a statutory power to levy substantial fines on any broadcaster, and can revoke the license of a commercial broadcaster, for serious breach of the code.

  Online content, even on websites run by broadcasters, is not subject to OFCOM regulation, as the content is not defined in the relevant UK law as 'broadcast' material.

  Broad remit covers telecommunications, infrastructure, broadband rollout, media literacy, researching media consumption and anyone aggrieved by a programme's content or by how they were treated when it was made can complain to OFCOM, which assesses complaints against the standards set in the code.

  The communications Act 2003 makes OFCOM responsible for ensuring the existence of a wide range of TV and radio services of high quality and wide appeal, and for maintaining plurality in broadcasting.
• Broadcast Code


  The broadcasting code's most recent version took effect in April 2021. It has rules on protecting under 18s (Section 1), avoiding harm and offence (Section 2), covering crime, disorder, hatred and abuse (Section 3), Covering religion (Section 4), due impartiality and due accuracy and undue prominence of views and opinions (Section 5 ), covering elections and referendums (Section 6), fairness (Section 7), protecting privacy (Section 8), commercial references in TV programming (Section 9), and commercial communications in radio programming (Section 10).
• Protecting under - 18s


  Section 1 of the code says: "Material that might seriously impair the physical mental or moral development of people under 18 must not be broadcast"

  Rule 1 - Broadcasters must take all reasonable steps to protect those under 18

  Rule 2 - Children must also be protected by appropriate scheduling from material that is unsuitable for them.

  Rule 4 - Television broadcasters must observe the 9pm 'watershed' marking the transition for free to air TV channels between the times of day, from 5.30am to 9pm, when children are most likely to be watching and later slots for which the audience is assumed to be more adult.

  Rule 28 - Broadcasters must take due care over the welfare and the dignity of children under 18 who take part or are involved in programmes, irrespective of any consent they, their parents or guardians give.

  Rule 29 - Children must not be caused unjustified distress or anxiety by involvement in programmes or by broadcast of them.
• Harm and Offence


  Section 2 of the broadcasting code says in rule 2.1 that generally accepted standards must be applied to the content of television and radio broadcasts, so to provide adequate protection for the public from the inclusion of harmful and or offensive material.

  Factual and news programmes or items or portrayals of factual matters must not materially mislead the audience.

  Broadcasters must take precautions to maintain a low risk to viewers who have photosensitive epilepsy, who can be affected by broadcasts of flashing lights, including news footage of photographers using flash equipment.

  2.4 material should not condone or glamorise violent, dangerous or seriously antisocial behaviour and is likely to encourage others to copy such behaviour.

  2.5 Methods of suicide and self-harm must not be included unless editorially justified by the context.
• Crime, disorder, hatred and abuse

  Section 3 of the code says material likely to encourage or incite the commission of crime or lead to disorder must not be included in television or radio services. The rule includes a ban on material 'promoting or encouraging engagement in terrorism' or which is 'hate speech which likely to encourage criminal activity or lead to disorder'.

  Rules 3.2 and 3.3 say that material containing hate speech or abusive or derogatory treatment of individuals groups, religious or communities, must not be included in programmes except where justified by the context. The code defines hate speech as all forms of expression which spread, incite, promote or justify hatred based on intolerance on the grounds of disability, ethnicity, gender, gender reassignment, nationality, race, religion, or sexual orientation.

  Rule 3.8 says broadcasters must use their best endeavours not to broadcast material which could endanger lives or prejudice the success of attempting to deal with a hijack or kidnapping.
• Religion


  Section 4 of the broadcasting code says that the views and beliefs of those belonging to a particular religion or religious denomination must not be subject to abusive treatment.

  Rule 4.7 says religious programmes containing claims that a living person has special powers or abilities must treat such claims with due objectivity and must not be broadcast when significant numbers of children may be expected to be watching or listening.
• Due impartiality and due accuracy


  Section 5 of the code sets out impartiality and accuracy requirements for broadcasters.

  Rule 5.1 says: 'News, in whatever form, must be reported with due accuracy and presented with due impartiality.'

  OFCOM guidance says rule 5.1 is potentiality applicable to any topic included in news programming, and that broadcasters, 'should take care before making any unequivocal interpretations or statements about contentious issues.'

  Politicians may not be used as newsreaders, interviewers or reporters in any news programme unless, exceptionally, this is editorially justified and the individuals political allegiance is made clear to the audience (rule 5.3).

  Rule 5.9 says presenters of personal view or authored programmes or items, and chairs of discussion programmes may express their own views on matters of political or industrial controversy or matters relating to current public policy.

  Rule 5.13 which applies to local radio services and local digital sound programme services, including those at community level, says their broadcasters should not give undue prominence to the views and opinions of particular persons or bodies on matters of political or industrial controversy and matters relating to current public policy in programming when taken as a whole, by which it means programming dealing with the same or related issues within an appropriate period.

  The term due means adequate or appropriate to the programme's subject and nature.
• Elections


  Section 6 says in the election period, parties should receive proportionate air time according to past and current voter support. Most broadcasters log stories covered.

  Candidates must not be presenters or interviewers, candidates or party reps can appear in nonpolitical programmes scheduled before election period.

  If one candidate takes part in programme about his/her constituency, other candidates from parties with significant support should take part.

  Item can go ahead if a candidate can't or won't take part, after nominations have closed, items about a constituency should include a list of candidates.
• Fairness


  Section 7 of the code sets out general principles on fairness. Rule 7.1 says broadcasters must avoid unjust or unfair treatment of individuals or organisations in programmes.

  Rule 7.2 says broadcasters and programme-makers should be fair in dealing with potential contributors to programmes unless, exceptionally, doing otherwise is justified.

  Rule 7.3 says people or organisations who agree to take part in programme should do so on the basis of informed consent.

  Its nature and purpose and what it is about and be given clear explanations of why he/she has been asked to contribute and when and where it is likely to be first broadcast.

  Rule 7.6 says that when a programme is edited, contributions should represented fairly.

  Rule 7.9 says that before broadcasting a factual programme, broadcasters should take reasonable care to satisfy themselves that material facts have not been presented, disregarded or omitted in a way that is unfair to an individual or organisation and that anyone whose omission could be unfair to an individual or organisation has been offered an opportunity to contribute.

  Rule 7.11 says that if a programme alleges wrongdoing or incompetence of makes other significant allegations, those concerned should normally be given an appropriate and timely opportunity to respond.
• Privacy


  Section 8 says that any infringement of privacy in programmes, or in programmes, must be with the consent of the person and/or organisation or be otherwise warranted and the means of obtaining material must be proportionate in all the circumstances.

  It includes general provisions for protecting people's privacy in relation to journalists openly filming or audio-recording. This explains the code's use of the term legitimate expectations of privacy and its restrictions on doorstepping.
• Commercial references


  Section 9 regulates commercial references in television programming and section 10 regulates commercial communications in radio programming. These rules seek to ensure there is a distinction between editorial and advertising content, and set out specific principles of editorial independence as regards television.