NCTJ Broadcast Regulation

1. NCTJ Broadcast Regulation November 2018

2. These classes • Basic introduction to the Ofcom Broadcasting Code, and to the NCTJ Broadcast Regulation exam. • NB: this is not my area of expertise… • Will help you to make the most of the session with Malcolm Balen: • Wednesday 12th December 14.00 – 17.00 in G1-04. • Today: some info about exam; OBC sections 1-4 and (very briefly) 9-10. • Next Friday (same time/room): OBC sections 5-8.

3. Preparing for the exam • Main thing – make sure you’re familiar with the Code. • See Programme of Study pp9-12 for specific rules etc. • Remember some adjudications – 1 or 2 per Code section. • Adjudications on Ofcom website: www.Ofcom.org.uk • ‘Broadcast and On Demand Bulletins’ • Some examples also given in McNae’s(ch 3) and Quinn (ch 25). • NB: Ipso code + law are not relevant.

4. Things you need in your exam answers • Identify the main regulatory issues in the scenario. • Identify the relevant OBC sections/rules. • Analyse/discuss how the relevant OBC sections apply to the issues. PLUS: • Discuss how issues might be mitigated or avoided. • Refer to relevant Ofcom adjudications. • Refer to potential sanctions for Code breaches.

5. Suggested approach to answering questions

6. Adjudications/sanctions • Reference to relevant adjudication(s) required for top grade boundaries (and will earn you marks anyway). • Reference to possible sanctions is the same – • Best to give an example from an actual adjudication, but if not: ‘Ofcom has the power to fine a broadcaster for breaching the Code, or to require the broadcast of an apology’. • NOTE: Ofcom cannot sanction individual presenters etc – only the broadcaster.

7. Mitigating/avoiding breaches • To get higher grades, you need some discussion about how breaches could have been mitigated, or how similar breaches could be avoided in the future. • Suggest giving 2-3 ideas. • Sensible suggestions will vary depending on whether broadcast was live/recorded, and whether the breach was caused by the presenter/contributor/programme content.

8. Mitigating/avoiding breaches – some ideas PRESENTER CAUSES BREACH Additional/regular compliance training for staff LIVE BROADCAST Delay broadcast by eg 30 seconds Cut to something else immediately if Code is breached Immediate on-air apology BREACH CAUSED BY CONTENT (eg use of video footage) Could footage be edited before broadcast? Blur faces/offensive material (or ‘bleep’ for radio) Could the part of the footage causing the breach be cut, and the rest still be broadcast? CONTRIBUTOR CAUSES BREACH Brief guests properly before putting them on air Presenter should challenge contributors for eg offensive/misleading statements Invite another contributor who could challenge them PRE-RECORDED BROADCAST Check programmes for compliance before broadcasting Process for assessing/reviewing possible editorial/context-based/public interest justifications for broadcasting …OR ANY COMBINATION OF THESE ACTIONS RELEVANT TO THE SCENARIO

9. Ofcom Broadcasting Code rules Things to think about in relation to a given section/rule: • Scope of application (some sections/rules only apply to certain categories of broadcast). • Section ‘principles’ (the overall aim of each section). • Content of rules (what does the rule prohibit broadcasters from doing?). • Exceptions (not many of the OBC rules are absolute).

10. Section 1 – Protecting the under-18s • Principle: ‘To ensure that people under eighteen are protected.’ • Almost entirely focused on protecting U18s in the audience. • U18s involved in the programme itself protected by rules 1.28 and 1.29 – but mainly by sections 7 and 8 (especially rules 7.4-7.5 and 8.20-8.22).

11. Section 1 – children and scheduling • ‘Children’ = people under15 years old. • Rule 1.3: must ‘be protected by appropriate scheduling from material that is unsuitable for them.’ • TV – Rule 1.4: generally not before watershed (21.00-05.30). • Radio – Rule 1.5: ‘when children particularly likely to be listening’. • Both – Rule 1.6: transition shouldn’t be too sudden.

12. Section 1 – sex, drugs, and other fun stuff • Violence must be ‘appropriately limited’ (1.11) and ‘easily imitable’ violence or dangerous behavior (1.12-1.13) must not be broadcast pre-watershed ‘unless there is editorial justification’. • Offensive language: • 1.14: ‘most offensive language’ must not be broadcast pre-watershed – no exceptions. • 1.16: other offensive language must be ‘justified by the context’ – and frequent use must be avoided. • Not OK to show people having sex pre-watershed except for ‘a serious educational purpose’ (1.21); and nudity must be ‘justified by the context’ (1.21).

13. Section 1 – children involved in programmes • Only two rules in section 1 protect children involved in programmes. • 1.28: ‘Due care must be taken over the physical and emotional welfare and dignity’ of U18s (regardless of their/parents consent). • 1.29: U18s ‘must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.’ • But sections 7 and 8 may be relevant as well.

14. Section 2 – Harm and Offence • Principle + rule 2.1: Ensure ‘generally accepted standards’ are applied to broadcast content/to protect the public from harmful/offensive material. • Rule 2.3: ‘broadcasters must ensure that material which may cause offence is justified by the context’. • Meaning of ‘context’ described in Code. • Rule 2.3: ‘Appropriate information should be broadcast where it would assist in avoiding or minimising offence.’

15. Section 2 – other bits • 2.4: Must not broadcast material which, in context, ‘condones or glamorises 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 in programmes except where they are editorially justified and are also justified by the context.’ • POTENTIAL RED FLAGS! Does scenario mention: • ‘Camera flashes’/’flashing lights’ – rule 2.12 on epilepsy • Fictional news (eg in drama programme) – rule 2.10: must not mislead audience.

16. Section 3 – Crime, Disorder, Hatred and Abuse • Principle: ‘To ensure that material likely to encourage or incite the commission of crime or to lead to disorder’ is not broadcast. • NOTE high bar for breaches of section 3. • Think the scenario includes a section 3 issue? VERY LIKELY that in addition/instead there’s an issue with section 1/section 2/both. • More generally – there’s often some overlap between sections 1-3.

17. Section 3 – Crime, Disorder, Hatred and Abuse • 3.1: ‘Material likely to encourage or incite the commission of crime or to lead to disorder’ must not be broadcast – no exceptions. • ‘Hate speech’ (3.2) and ‘abusive or derogatory treatment of individuals, groups, religions or communities’ (3.3) must be ‘justified by the context.’ • 3.4: ‘Descriptions or demonstrations of criminal techniques which contain essential details which could enable the commission of crime’ must be ‘editorially justified’. • 3.5-3.7: Payments to (suspected) criminals/witnesses normally unacceptable – could be justified by public interest (unless proceedings are active).

18. Section 4 - Religion • Principle: ‘To ensure that broadcasters exercise the proper degree of responsibility with respect to the content of religious programmes’ (also rule 4.1). • Section 4 also aimed at protecting audience from harm. • ONLY applies to ‘religious programmes’: • ‘a programme which deals with matters of religion as the central subject, or as a significant part, of the programme.’

19. Section 4 - Religion • 4.2: particular ‘religious views and beliefs… must not be subject to abusive treatment.’ • 4.3: ‘the identity of the religion and/or denomination’ which is the subject of a programme ‘must be clear to the audience’. • Religious programmes must not ‘seek to promote religious views or beliefs by stealth’ (4.4) or ‘improperly exploit any susceptibilities of the audience’ (4.6).

20. Section 4 - Religion • 4.7: ‘claims that a living person (or group) has special powers or abilities’… • …must be treated with ‘due objectivity’; and • …must not be broadcast when children likely to be watching/listening. • 4.5: religious programmes on TV must not‘seek recruits’. • 4.5: religious programmes on radio may‘seek recruits’.

21. Sections 9 and 10 – Commercial References • Section 9 (TV only) aim – to ‘ensure that the principles of editorial independence; distinction between advertising and editorial content; transparency of commercial arrangements; and consumer protection are maintained.’ • Section 10 (Radio only) aim – to ‘ensure the transparency of commercial communications as a means to secure consumer protection.’ • NOTE – specific rules differ between TV and radio. • Programme of Study specifies which parts may be on NCTJ exams.

22. Questions