When a programme is commissioned, pre-purchased or licensed, the commissioning editor is responsible for consulting with the legal & compliance department as and when appropriate. Some programmes may not require any legal or compliance advice, others may only need guidance on a specific issue. However, many programmes are likely to give rise to significant legal and / or compliance issues, and advice from a programme lawyer will be needed at an early stage, in some cases before the programme is commissioned, pre-purchased or licensed.
The commissioning editor must also be satisfied - and where appropriate seek assurances from the executive producer - that the programme team has adequate experience, ability and resources to enable them to understand and address the editorial, compliance and legal issues their programme is likely to throw up. See the Viewer Trust Guidelines for further details of these obligations.
The compliance process works best as a collaborative process between the programme-makers, commissioning editor and the legal & compliance department. Where programme-makers are liaising directly with the programme lawyer, commissioning editors must ensure that they discuss the advice that has been given with the programme lawyer and ensure that it is properly acted upon.