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The 2005 Broadcasting Code
» Protecting the Under-Eighteens
» Harm and Offence
» Crime
» Religion
» Impartiality
» Elections
» Privacy
» Sponsorship
» Commercial References
The Broadcasting Code follows the general pattern of the 'standards code' outlined in the 2003 Communications Act. It also gives 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.'
The main areas regulated are as follows:
1. Protecting the Under-Eighteens
Principle:
- To ensure that people under eighteen are protected.
Material regulated includes:
Sexual offences, drugs, smoking, solvents and alcohol, violence and dangerous behaviour, offensive language, sex, nudity, films, premium subscription film services, pay per view services, adult-sex material on premium subscription services, the involvement of people under eighteen in programmes.
2. Harm and Offence
Principle:
- To ensure that generally accepted standards are applied to the contents of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.
Material regulated includes:
Offensive language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, discriminatory treatment or language (for example, on the grounds of age, disability, gender, race, religion, beliefs and sexual orientation). Material which 'condones or glamorises violent, dangerous or seriously antisocial behaviour', methods of suicide and self-harm, demonstrations of exorcism, the occult, the paranormal, divination, demonstrations of hypnotic techniques,Simulated news, The fair conduct of competitions, images likely to trigger epilepsy, 'subliminal' messages.
3. Crime
Principle:
- To ensure that material likely to encourage or incite the commission of crime or to lead to disorder is not included in television or radio services.
Material regulated includes:
Material likely to encourage or incite the commission of crime or to lead to disorder, descriptions or demonstrations of criminal techniques, payment to convicted or confessed criminals, payment to witnesses, material that could endanger lives or prejudice the success of attempts to deal with a hijack or kidnapping.
4. Religion
Principles:
- To ensure that broadcasters exercise the proper degree of responsibility with respect to the content of programmes which are religious programmes.
- To ensure that religious programmes do not involve any improper exploitation of any susceptibilities of the audience for such a programme.
- To ensure that religious programmes do not involve any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.
5. Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions
Principles:
- To ensure that news, in whatever form, is reported with due accuracy and presented with due impartiality.
- To ensure that the special impartiality requirements of the Act are complied with.
6. Elections and Referendums
Principle:
- To ensure that the special impartiality requirements in the Communications Act 2003 and other legislation relating to broadcasting on elections and referendums, are applied at the time of elections and referendums.
7. Fairness
Principle:
- To ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes.
8. Privacy
Principle:
- To ensure that broadcasters avoid any unwarranted infringement of privacy in programmes and in connection with obtaining material included in programmes.
9. Sponsorship
Principle: To ensure that the unsuitable sponsorship of programmes on radio and television is prevented, with particular reference to:
- Transparency – to ensure sponsorship arrangements are transparent
- Separation – to ensure that sponsorship messages are separate from programmes and to maintain a distinction between advertising and sponsorship
- Editorial independence – to ensure that the broadcaster maintains editorial control over sponsored programmes and that programmes are not distorted for commercial purposes
10. Commercial References and Other Matters
Principles:
- To ensure that the independence of editorial control over programme content is maintained and that programmes are not distorted for commercial purposes.
- To ensure that the advertising and programme elements of a service are clearly separated.
Material regulated includes:
Product placement, undue prominence, premium rate phone numbers, references to brands within competition, advertising within programmes.
