Ofcom

Contemporary Media REGULATION
Critical Perspectives In Media - Section B

 The Office of Communications.
 Established by the ‘Office of CommunicationsAct’ in 2002, received full
authority in 2003.
 OFCOM inherited the duties of five previous different regulators:
 the BroadcastingStandardsCommission
 the IndependentTelevisionCommission
 theOffice ofTelecommunications (Oftel)
 the Radio Authority
 the Radio communicationsAgency
 These regulators were deemed a ‘light touch’ when dealing with
complaints.The ITC were labelled ‘deregulation’ by loosening the rules of
TV broadcasting. Hence why OFCOM were brought in.
 OFCOM conceived as a ‘Super-Regulator’ which converged responsibility
forTV, telecommunications, Radio, mobiles, & postal service. It oversees
media channels that rapidly converge through digital transmission.
 Statutory Regulated – (Government/formed by legislation (Law).
 Reactive Regulation - Responds to any public complaints made.

 The creation of OFCOM was announced in the Queens speech to the
UK parliament in June 2001.
 It regularly updates its CODE (The Code), to ensure that all
broadcasters comply with the terms in the license given to them by
OFCOM, or may risk having there license revoked.
 It is the biggest UK regulator, receiving £122m per year. Ed Richards is
the currentChief Executive of OFCOM, appointed in October 2006.
 OFCOM also monitors product placement.
 OFCOM aims to protect the public from discrimination and harmful or
offensive material.Their general duties further the interests of citizens
and of consumers. Meeting these duties is at the heart of everything.
 People are protected from being treated unfairly inTV and radio and
from having there privacy invaded. Disputes can include:
 premium-rate services, including mobile-phone text services
 the content of television and radio programmes
 the BBCTV licence fee
 post office services

Contemporary Media REGULATION
Critical Perspectives In Media - Section B
CASE STUDIES

What the video on the above case study
 Why did OFCOM have to get involved?
 Who is to be held accountable?
Broadcasted: 18th October 2008

 COMPLAINTS: 1700
 REASON: During an advance-recorded (not live) broadcast of ‘The Russell Brand Show’ on BBC radio 2,
with Jonathan Ross, Brand and Ross left lewd messages on the voice mail of Andrews Sachs (a well known
British actor), including comments about Sachs' granddaughter, Georgina Baillie.Their actions were
labeled obscene by both the public and politicians.
 OFCOMS RESPONSE: Brand and Lesley Douglas (Controller of Radio 2) resigned from the BBC. Ross was
suspended without pay for 12 weeks from all his positions at the BBC.The BBC was fined £150,000 by
OFCOM because of the incident.

‘Sachgate/Manuelgate’
Case Study - OFCOM
 On Saturday 18th October 2008, during an advance-recorded (not live)
broadcast of ‘The Russell Brand Show’ on BBC radio 2, with Jonathan
Ross.
 In the show, Brand and Ross left lewd messages on the voice mail of
Andrews Sachs (a well known British actor), including comments about
Sachs' granddaughter, Georgina Baillie.
 The prank telephone calls row became know as ‘Sachgate’ or
‘Manuelgate’.
 Their actions were labeled obscene by many media commentators and
politicians (including the Prime MinisterGordon Brown).
 It led to a record number of complaints to OFCOM, criticising Brand,
Ross and the editorial decisions of the BBC.
 Following the complaints, both Brand and Lesley Douglas (Controller of
Radio 2) resigned from the BBC. Ross was suspended without pay for 12
weeks from all his positions at the BBC.
 The BBC was fined £150,000 by OFCOM because of the incident.
http://www.youtube.com/watch?v=U7IHJ66wj9g

Broadcasted: 1st September 2012

 COMPLAINTS: 35
 REASON: Alison Brunton a 51 year old mother took to the stage with her two teenage children watching
on. Due to her poor performance it clearly embarrassed her children who watched from the wings. Many
viewers feared that her children - aged 14 and 16 - could get bullied at school.
 OFCOMS RESPONSE: The code requiresTV shows to take 'due care of the physical and emotional welfare
and dignity of people under 18 who take part or are otherwise involved in programmes’. It states that
children should not be 'caused unnecessary distress or anxiety by their involvement in programmes or by
the broadcast of those programmes’. OFCOM warned X-Factor about their future broadcasts.

 During the 2012 auditions of ITV’sThe X-Factor,Alison Brunton a 51
year old mother took to the stage with her two teenage children
watching on.
 Ofcom received 35 complaints about hopeful Alison Brunton's
performance of Lady Gaga'sThe Edge of Glory while her apparently
embarrassed children watched from the wings.
 Many viewers feared that her children - aged 14 and 16 - could get
bullied at school after her out of tune performance was aired on
September 1 2012.
 Ofcom launched an investigation into whether the airing of the audition
on X Factor had breached its broadcasting code.
 The code requiresTV shows to take 'due care of the physical and
emotional welfare and dignity of people under 18 who take part or are
otherwise involved in programmes’. It states that children should not be
'caused unnecessary distress or anxiety by their involvement in
programmes or by the broadcast of those programmes’.
 OFCOM warnedX-Factor about their future broadcasts.
http://www.youtube.com/watch?v=NK2NgVCuQ6g
Alison Brunton – X-Factor
Case Study - OFCOM

Broadcasted: 22nd May 2013

 COMPLAINTS: 68O
 REASON: People found the news coverage (including mobile phone footage from the scene) graphic,
distressing and disrespectful to Fusilier Rigby's family. News programmes were accused of giving one of
the alleged attackers "a platform to justify and explain his actions", and expressing concern at the effect
the content could have on younger viewers.
 OFCOMS RESPONSE: Ofcom ruled the "detailed" coverage was "justified by the context". However, it
went on to issue new guidance about carrying appropriate warnings. It concluded that: "While the
coverage was detailed and at times distressing, we did not consider that the images were too offensive for
broadcast given they were appropriately scheduled and justified by the context.Various warnings were
given to viewers, but some stations, which primarily target adults, broadcasted an apology to mitigate
any offence that may have been caused.

Broadcasted: 9th September 2012

 COMPLAINTS: 34
 REASON: Some of the public found Lorna Bliss’ Britney Spears impersonation as too sexually suggestive
for before the watershed. Bliss was scantily clad in a thong bikini and a fishnet body suit whose upper half
fell down during her audition.
 OFCOMS RESPONSE: OFCOM launched an ongoing investigation into the auditions. Bliss’ performance
was cut from ITV2 and any other repeats of the show. X-Factor were originally strongly cautioned by
Ofcom after thousands of complaints about sexually suggestive performances by Christina Aguilera and
Rihanna.

Broadcasted: 19th March 2013

 COMPLAINTS: 1 (One)
 REASON: Hollyoaks has been censured over a fight scene where one of the main characters was killed by
a speeding train. It was shown at 18.30. Channel 4 said "great caution" had been taken not to show too
high a level of violence than was "appropriate for the time".
 OFCOMS RESPONSE: Ofcom ruled that despite a pre-show announcement which "served to clearly
notify viewers that a dramatic, tense episode was on the way“, the "violent and shocking" scene was
unsuitable to be shown before the watershed. Ofcom highlighted that 10% of the total audience were
aged between 4-9 years old, remaining consistent throughout the programme. Ofcom concluded the
scene had the "potential to distress younger viewers as well as raise concerns about the level of violence
amongst parents watching with their children regardless of the editorial context presented or the
signposting provided".The scene was cut from further broadcast including iPlayer.

Broadcasted: October 2012

 COMPLAINTS: ? (Other Companies)
 REASON: During a live broadcast of the ITV show ‘Lorraine Kelly’, celebrity Dannii Minogue, 41, was being
interviewed in a segment about the show's Little Black Dress Diet, however Minogue plugged her product
‘A2 Milk’ that she “discovered” in Australia, adding “it’s amazing and “it’s out in the supermarket now”.
 OFCOMS RESPONSE: OFCOM ruled that the show had breached regulations on product placements and
endorsements. Minogue is paid to promote the milk brand, therefore OFCOM concluded that the
references to A2 milk were promotional and unduly prominent, and ordered the network to work harder at
compliance.

 During an October 2012 live broadcast of the ITV show ‘Lorraine Kelly’,
celebrity Dannii Minogue, 41, was being interviewed in a segment about
the show's Little Black Dress Diet.
 However Minogue talked about ‘A2 Milk’ that she “discovered” in
Australia, adding “it’s amazing and “it’s out in the supermarket now”.
 OFCOM found out that Minogue was a figure head for the product and
paid to promote the milk brand, despite her comments giving the
impression she was making a spontaneous reference to the product.
 OFCOM ruled that the show had breached regulations on product
placements and endorsements.
 ITV toldOfcom that neither it, the programme producer, nor any person
connected with Lorraine had received any payment for the references to
A2 milk. Nor was there any product placement deal in place on the show.
 Ofcom therefore concluded that the references to A2 milk were
promotional and unduly prominent, and ordered the network to work
harder at compliance.
Dannii Minogue – A2 Milk
Case Study - OFCOM http://www.youtube.com/watch?v=z-Rig3Qgb70

Broadcasted: January 2014

 COMPLAINTS: 1700
 REASON: The programme's depiction of crime (the opening episode of the show in January attracted the
most complaints after three of its subjects were seen removing tags from items of clothing after
apparently stealing them from a shop) generated viewers' anger for negatively portraying benefits
claimants in Birmingham'sWinson Green area.
 OFCOMS RESPONSE:The broadcaster said, at the time, that programme makers were present in a
"purely observational capacity" and criminal behaviour was "not encouraged or condoned". The
complaints covered numerous incidents -They added that Benefits Street was a "fair and balanced
observational documentary", while some residents claimed it did not tell the whole story of their
community.

Broadcasted: 13th April 2013

 COMPLAINTS: 322
 REASON:The burlesque performance on Britain's Got MoreTalent, which ended with several pixelated
shots of a dancer's bottom, has been found in breach of broadcasting guidelines. ITV said efforts had been
made to obscure "any nudity or partial nudity".
 OFCOMS RESPONSE: OFCOM deemed the sequence unsuitable for children by the broadcasting
watchdog. ITV stated that the segment had been "carefully edited" and contained "saucy" humour, "rather
than being overtly erotic". However, it agreed that "not all parents will consider acts of this nature to be
appropriate" and said it "regretted any offence caused". Ofcom disagreed with ITV and considered it was
of limited effectiveness and did not sufficiently obscure the performer's naked buttocks. Daytime repeats
of the programme made it even more likely that children might see the performance, and it was removed.

Broadcasted: December 2013

 COMPLAINTS: 487
 REASON: A Comic Relief sketch starring Rowan Atkinson as a fictional Archbishop of Canterbury has been
complained about by viewers who found his monologue extremely offensive to Christians. It featured
Atkinson claiming prayer "doesn't work".
 OFCOMS RESPONSE: Ofcom stated that the sketch was not in breach of rules, saying it was justified by
the context. However Comic Relief did offer an online apology to anyone offended, stating it was never
meant to be taken that way.

Ofcom

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