2. OFCOM BROADCASTING CODE
• Under 18s must be protected from potentially harmful and offensive
material. They can do this by the times they choose to put each
programme on at.
• The time where they are allowed to use content not suitable for children is
after 9.00PM. Before 9.00PM and after 5.30AM the content should be
suitable for children. Once reached 9.00PM the content should not have a
dramatic change, there should be a gradual transition between them. The
more adult the content in the programme, the later it should be on.
• Viewers should be clearly shown and reminded of any potentially harmful
or offensive material so they can decide themselves about what they and
their children watch
• Programmes including exorcism, the occult and the paranormal will require
careful handling.
3. OFCOM BROADCASTING CODE
• Potentially harmful or offensive material includes strong language,
violence, sexual behaviour.
• It is the job of the makers and broadcasters to make sure the audience is
not misled by the programme.
• Programmes should not make violence look good, especially where it may
be likely to cause such behaviour.
• Any discriminatory language e.g. age, disability, gender, race, religion,
beliefs and sexuality must have a reason by context.
• Programs should show respect to people in distress and in sensitive
situations, also in entertainment careful consideration must be given to
humour based on the subject.
4. TRUTH & ACCURACY
• Viewers are to be told to expect that programmes are accurate
and true and the audience must not be misled.
• This applies to all programme genres, including entertainment
programmes with factual elements. Showing real events,
whether in factual entertainment, documentary, features drama
or any other programme, which the viewer must respect truth
and accuracy.
5. RECONSTRUCTIONS
• Reconstructions must be accurate and right.
• If viewers may be misled by the reconstruction, they should be labelled as
the above to avoid such confusion.
• If there may be a risk of causing upset or distress by reconstructing actual
events, audiences who may be affected should be informed.
6. SECRET FILMING
People must not be filmed or recorded secretly for a part in a programme
unless approved by the broadcaster beforehand.
Programme-makers must show in writing their justification for covert
filming/recording. It must be inline with the provisions of Section 8.13 of the
Code.
Before any secret filming is done, there are detailed rules you must follow.
See Channel 4‟s and Five‟s internal compliance procedures and rules.
7. PAYMENTS
Never make payments to sources or contributors without reference and the
approval of the broadcaster. This doesn‟t include out-of-pocket expenses e.g.
To pay for meals or taxis etc.
You have to get advice from the programme lawyer before promising to
make payment to a convicted criminal.
You must not make any payment/promise to make any payment to witness‟s
or defendant‟s involved in any kind of legal proceedings, without the consent
of the editor and programme lawyer. Where criminal proceedings are likely
and foreseeable, again never pay or promise to pay a potential witnesses
without first consulting with your commissioning editor and taking advice
from the programme lawyer .
8. CONTEMPT DEALING WITH
CONTRIBUTORS
• If your adverts are for contributors, you should word them approvingly
by the commissioning editor and programme lawyer.
• Consent should be in a signed release form, although consent on camera
may be satisfactory.
• Anything „set-up‟ must be justified by the public and this must be agreed in
advance by the broadcaster, unless it‟s intended to seek consent of those
filmed before showing.
• Any approach to seek a response in relation to significant accusations or
criticisms must be approved in advance by the programme lawyer.
• Any conditions put on interviews by contributors must be agreed by
programme lawyers before programme-makers accept. Programme-makers
can‟t agree to give contributors previews of programmes without the
consent of the commissioning editor.
9. CONTEMPT DEALING WITH
CONTRIBUTORS
• •Any attempt to seek an interview without arrangement beforehand i.e. a
‟doorstep‟, must be approved the programme lawyer in advance.
by
• •Programme-makers must comply on the rules with payments.
• •Interviews must be moderately edited.
• Individuals in anguish should not be put under pressure to agree to be
interviewed or otherwise take part in a programme.
• •If filming with the police or other authorities, seek advice from the
programme lawyer.
• If a source seeks an absolute guarantee of anonymity seek immediate
advice from your programme lawyer.
10. PEOPLE UNDER 18
Due care must be taken note of the physical and emotional well-being and
the reputation of people under 18 years old, and who are involved in
programmes leading too unnecessary distress or anxiety must
not be caused.
Parental consent will be required for individuals under 16 appearing in
programmes, unless their contribution is minor and uncontroversial, or it is
warranted to proceed without such consent.
Similar considerations must be had with regard to „vulnerable adults‟ i.e.
those unable to give informed consent e.g. because of mental disorder.
11. FAIRNESS AND PRIVACY
We must avoid the unfair treatment of individuals or organisations in
programmes.
If the programme you are making involves criticising or making any
damaging allegation about any living individual or organisation, seek advice
from your programme lawyer.
Any significant infringement of privacy of an individual or organisation, in
the making or broadcast of a programme, must be warranted by the public
interest.
12. PRIVACY CRIMINALITY
• •Programmes involving criminals or about criminality require special care
and are likely to be legally contentious.
13. ACTIVITY IM-PARTIALITY
Programmes dealing with matters of political or industrial controversy or
matters relating to current public policy should be duly impartial.
14. POTENTIALLY OFFENSIVE
MATERIAL
Material with the potential to cause offence e.g. strong
language, violence, sexual violence, explicit sexual portrayal etc. must always
be justifiable by the context. Advice should be sought from
the legal & compliance department at an early stage.
The commissioning editor, on the advice of the programme lawyer, will
ensure that an on-air warning is given to viewers, where appropriate.
15. COMMERCIAL REFERENCE
• Programmes should not give undue prominence to commercial products or
services.
• •Product placement is prohibited.
• Where programmes contain viewer competitions and/or premium rate
telephone lines for viewers to call, seek advice from the programme lawyer.
• Sponsored programmes must not contain promotional references to the
sponsor, its activities or products or services.
• •Advertisements or clips from advertisements used within programmes
will require strong editorial justification. Always seek advice from your
programme lawyer
16. DEFAMATION
• If the programme you are making involves criticising or making any
damaging allegation about any living individual or organisation, seek
advice from your programme lawyer immediately.
• •Fairness Contempt If your programme involves or makes reference
to any active or current legal proceedings, particularly criminal legal
proceedings or those involving children, seek advice from your
programme lawyer immediately.
• •Privacy and Confidence if your programme may contain private or
confidential information without the consent of the person or
organisation to which it relates seek advice from your programme
lawyer immediately .
17. BEST PRACTISE
• Under the process of „disclosure‟, journalists‟ notes, emails, letters, all
correspondence etc. are „disclosable‟ in legal proceedings i.e. copies may be
provided to the other party, so think carefully about how they are written.
Rushes are also „disclosable‟ so be careful about presenter/reporter comments
before and after filmed sequences,
which could be misinterpreted.
Documents written for the dominant purpose of receiving legal advice should
be headed “Privileged”, as they will be subject to legal professional privilege. This
means they are exempt from disclosure i.e. the other party to the litigation will not
be provided with a copy.
Journalists, when working on sensitive or legally contentious programmes,
should carry documentation identifying them at all times unless it would
inappropriate or dangerous to do so.
18. TRAVELING ABROAD
• Filming abroad may give rise to special legal and health and safety issues,
especially if it involves undercover filming. All such filming must be
approved by the commissioning editor and programme lawyer in advance.
In addition, if filming for Channel 4 is to take place in a potentially
„hostile‟ country or environment, programme-makers must read and
comply with the Channel 4‟s Hostile Environment Protocol at Appendix
7D.
19. AILEEN
In Nick Broomfield‟s Aileen Documentary, the way in which viewers were
protected from potentially harmful and offensive material is by incorporating
an age rating, the project managers decided a 16A rating would be suitable
with the content involved. Another way they protected viewers was to include
and justify the content editorially, for example if it could be potentially
harmful or offensive, use strong language, violence, or have involvement of
sexual behaviour, delivering a warning means the viewers are giving informed
consent and fully understand what is involved. Also all information dispensed
was factual based, its the responsibility of the programme to ensue that
viewers are not misled. Another factor was that the documentary did not
condone or justify the violence for sawn, as this could lead to others copying
such behaviour as they believed their actions are justified. In addition the
programme shows respect for people in distress and sensitive situations, this is
shown and justified editorially.
20. MY DOCUMENTARY
In my paranormal documentary I am going to be sticking to Media
Regulations firstly by; Informing the viewers that the documentary will be
unsuitable for kids. I will do this by having showings of it after 9.30pm and
before 5.30am, this is because the content is not suitable for younger ages
because children of a younger age will not understand and may find it
upsetting. Other things I need to watch out for whilst filming is that the
audience are not misled by the programme, this means what I am saying or
filming must be true, and to my word, unless stated otherwise. If I make any
reconstructions of something happening, they must be accurate and right. If
there is a chance they may be, it should be stated. My program should show
respect to people in distress and in sensitive situations, also I‟ve got to be
careful and give consideration to humour based on the subject, as people can
take great offense. Programmes including exorcism, the occult and the
paranormal will require careful handling.
