Whats this Channel4 ?

The Regulation of Programme content

The Government regulates broadcasting by law. Regulations are set down in Acts of Parliament, which are then given to independent regulatory bodies to enforce.

These bodies usually produce their own codes for broadcasters to follow.

The authorities have the power to censure Broadcasters for breaking these codes and in extreme cases can suspend the broadcaster's licence, effectively closing them down.

Up until 2003, two bodies regulated TV broadcasting: The ITC and the BSC.

Top of page

The Independent Television Commission

The ITC was set up by the 1990 Broadcasting Act, but was very much a continuation of the regulatory regime introduced by the ITA (Independent Television Authority) in 1954, which was to become the IBA (Independent Broadcasting Authority) in 1972.

The ITC's purpose was to "promote and safeguard the interests of all viewers of commercial television while fostering a competitive market place."

It had a major role in regulating:

Content standards
Competition and cost
Service reception

Top of page

The Broadcasting Standards Commission

The Broadcasting Standards Commission was set up in 1996 as the statutory body for both standards and fairness in broadcasting. It was the only organisation to cover all television and radio, terrestrial, cable and satellite. The BSC's three main tasks, as established by the Broadcasting Act, 1996, were:

To produce codes of conduct relating to standards and fairness
To consider and adjudicate on complaints
To monitor, research and report on standards and fairness in broadcasting

Both of these bodies have now been replaced by Ofcom.

Top of page

Ofcom

Ofcom is the new independent regulatory body that in 2003 replaced five existing regulators - the Broadcasting Standards Commission, the Independent Television Commission, Oftel, the Radio Authority and the Radio-communications Agency. It inherited the powers and statutory duties of all these bodies.

Ofcom is required to fulfil more than one hundred functions and duties laid down in the Communications Act. These are intended to ensure that commercial television and radio, telecommunications networks, wireless and satellite services operate, compete and develop in the greater public interest.

The new regulator also has a number of powers in relation to BBC television and radio and will advise the Secretary of State on proposed newspaper mergers.

Ofcom has the following general duties:

To further the interests of consumers
To secure the best use of the radio frequency spectrum
To ensure that a wide range of television and radio services are available
To protect the public from any offensive or potentially harmful effects
To safeguard people from being unfairly treated in television and radio programmes

As a regulator Ofcom will:

"Favour light handed regulation but intervene when necessary."

Top of page

Ofcom & Channel 4

The creation of Ofcom replaced the previous Channel 4 licence. Ofcom has now produced detailed codes for programme makers, as did the ITC before it.

The broad guidelines for these codes are laid down in the Communications Act 2003. The areas regulated include the following:

Programming quotas for independent productions

"Each year, not less than 25 per cent of the total amount of time allocated to the broadcasting of qualifying programmes included in the channel is allocated to the broadcasting of a range and diversity of independent productions."

News and current affairs programmes

"...that the programmes included in the channel include news programmes and current affairs programmes."

"...that the news programmes and current affairs programmes included in the service are of high quality and deal with both national and
international matters."

"...that the news programmes so included are broadcast for viewing at intervals throughout the period for which the channel is provided."

Regional programme making

"...that what appears to Ofcom to be a suitable proportion of programmes made in the United Kingdom for viewing on Channel 4 are programmes made in the United Kingdom outside the M25 area."

Schools programmes

"...to be a suitable proportion of the programmes which are included in Channel 4 are schools programmes."

Standards code

Broadcasters (including C4) must ensure that:

Persons under the age of eighteen are protected
'Generally accepted standards' are applied to programmes to protect the public from 'offensive and harmful material'
Material 'likely to encourage or to incite the commission of crime or to lead to disorder' is not included in programmes
Responsibility is exercised with respect to the content of religious programmes
News is presented with due impartiality and accuracy
Broadcasting is impartial at the time of elections and referendums
Broadcasters avoid unjust or unfair treatment of individuals or organisations
Broadcasters avoid any unwarranted infringement of privacy
Unsuitable sponsorship of programmes on radio and television is prevented.
The independence of editorial control over programme content is maintained and that programmes are not distorted for commercial purposes

Top of page

The Advertising Standards Authority

In the past, TV advertising was regulated by the ITC, whilst non-broadcast advertising was regulated by the Advertising Standards Authority. In November 2004, Ofcom contracted out day-to-day responsibility for upholding standards in broadcast advertising to the ASA.

The new complaints system is designed to be easy for consumers to access (most consumers have always believed that the ASA regulate TV advertising). Behind the scenes the ASA will continue to operate two systems; one for dealing with non-broadcast advertising complaints and the other for complaints about broadcast advertising. The two systems are kept separate because broadcast and non-broadcast advertising still have different Codes: misleading non-broadcast advertisers will continue to be dealt with by the Office of Fair Trading while broadcasters who don't follow ASA rulings will continue to be referred to Ofcom.

The advertising industry has set up a new body called the 'Broadcast Committee of Advertising Practice' (BCAP), which has been given the job of reviewing and revising the broadcast advertising codes. The BCAP will seek advice from yet another newly formed body, The Advertising Advisory Committee (AAC). The AAC is an independent group of lay people who represent the consumer's voice. Any changes to the broadcast codes will need approval from Ofcom.

Television advertisements will still have to be pre-cleared by the Broadcast Audience Clearance Centre (BACC), as they always have been.

Top of page