Ofcom regulates content standards and broadcasting codes to protect citizens and consumers. The codes cover harm, offense, crime, religion, due impartiality, elections, fairness and privacy. Key factors in determining if content breaches standards include context, likely audience, and information. Ofcom examines cases related to offensive images, impartiality, fairness, privacy and undue promotion. Challenges include regulating converged media while balancing freedom of expression and protecting citizens.

1. Content Standards RegulationPresentation to London Metropolitan UniversityMA Communications Management students Damian Radcliffe, Ofcom 10th March 2011

2. Purpose of Ofcom Communications Act 2003 section 3 It shall be the principal duty of OFCOM, in carrying out their functions - a) to further the interests of citizens in relation to communications matters; andb) to further the interests of consumers in relevant markets, where appropriate by promoting competition

4. Harm & Offence

5. Crime

6. Religion

7. Due impartiality and accuracy

8. Elections

9. Fairness

10. Privacy

11. Sponsorship

13. “adequate protection...” against harm and offence

14. offence must be “justified by the context”

15. context:

16. editorial content

17. the service it is broadcast on

18. time it was broadcast

19. likely size & composition of the audience

21. freedom of expression and news

22. important and serious treatment - public interest

23. documentary evidence and not sensationalised

24. news channel

25. warning

26. no prohibition on point of death

27. length

28. cold-blooded and callous

29. extremely graphic

30. just after 9pm watershed

31. point blank shooting

33. impartiality - restriction on freedom of expression

34. exercise great care - political debate

35. code allow for personal view programmes but...‘due impartiality’ must be maintained

36. no requirement for equal time

37. must acknowledge alternative views exist

38. major matter - ‘due weight’

40. ComplaintMs ‘B’ complained that the programme unfairly suggested she made false claims of sexual abuse against Mr Thomas Nicoll and that she may “have his death on her conscience”.

41. Key Factors

42. Public interest in unrestricted court reporting

43. Public interest in reporting that abuse claims were cause of murder

44. Very serious allegation made against Ms ‘B’

46. Factual ‘fly on the wall’ programme following the work of the Greater Manchester Police Dog Unit. ‘F’ (a minor) was shown driving and abandoning a car and then being arrested by the police.

47. Complaint

48. ‘F’s father complained that his son’s privacy was unwarrantably infringed by the broadcast (without consent) of un-obscured images of his son being arrested.

49. Key factors

50. Incident took place in public

51. Public interest in disclosing crime and wrongdoing

52. Public interest in examining the work of the police

53. He was a minor

55. rules based on European law

56. over-promotional

57. tele-shopping style

58. the way it was filmed

59. editorial justification

61. Find out more (part two) Fairness and Privacy Finding for Scotland Today – STV, 18 Jan 2008, complaint made by Ms ‘B’ (upheld) http://stakeholders.ofcom.org.uk/binaries/enforcement/broadcast-bulletins/obb122/issue122.pdf Finding for Send in the Dogs, ITV1, 28 July 2009, complaint by Mr E made on behalf of F (his son) – (upheld) http://stakeholders.ofcom.org.uk/binaries/enforcement/broadcast-bulletins/obb151/Issue151.pdf Undue prominence and promotion Finding for Five News at 7, Five, 5 February 2009, 19:00 (upheld) http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb136/

63. But convergence creates possible confusion

64. Statutory v self-regulation

65. Role of media literacy

66. The importance of freedom of expression and information

67. So what are the important areas:

68. Protection of children

69. Privacy

70. Transparency (whether commercial or labeling)