Regulation and Control

6. Regulation

Ofcom regulate TV and therefore you need to be aware of the broadcast codes and how they could affect the airing of your music video. Read the infromation below and answer the questions....

6. Regulation

Ofcom regulate TV and therefore you need to be aware of the broadcast codes and how they could affect the airing of your music video.

The Broadcasting act of 1990 requires that OFCOM does all it can to secure that nothing in programmes offends against good taste or decency or is likely to encourage or incite to crime or lead to disorder or be offensive to public feeling.

Introduction

Ofcom was designed to be a 'super regulator', required in an age where many media platforms are converging. Ofcom was initially established in the Office of Communications Act 2002 [1], but received its full authority from the Communications Act 2003. On December 29, 2003, Ofcom inherited the duties that had previously been the responsibility of five regulatory bodies:

* the Broadcasting Standards Commission
* the Independent Television Commission
* the Office of Telecommunications (Oftel)
* the Radio Authority
* the Radiocommunications Agency


The inaugural chairman of Ofcom is David Currie, Dean of Cass Business School at City University and a life peer under the title Lord Currie of Marylebone. Its chief executive Stephen Carter was formerly a senior executive of J Walter Thompson UK and NTL.

The short form of the name is given as OFCOM (all capitals) in the Communications Act 2003, which established the Office of Communications. Ofcom itself uses the mixed case form seen here, which is also the more widespread in the media.

Ofcom's main office is at Riverside House, 2a, Southwark Bridge Road, Southwark, London SE1 9HA.




Duties

Ofcom's duties are wide-ranging, covering all manner of industries and processes. It has a statutory duty to further the interests of citizens and consumers by promoting competition and protecting consumers from harmful or offensive material.

Some of the main things which Ofcom preside over are licensing, undertaking research, creating codes and policies, addressing complaints and looking into competition. Ofcom has also become well known for its tendency to issue lots and lots of consultations (there was even a consultation on the consultations). However, this is the way Ofcom intends to run its business, being more open, accountable, and receptive to public and industry comments.

Programme Complaints

As the regulatory body for media broadcasts, part of Ofcom's duties are to examine specific complaints by viewers/listeners about programmes. When Ofcom receives a complaint, it firstly asks the broadcaster for a copy of the programme, and it then examines the programme to see whether it is in breach of the broadcasting code. Ofcom also asks for a response from the broadcaster to the complaint. Considering these, Ofcom will mark the complaint as either upheld or not upheld, or alternatively 'resolved'.

Perhaps one of the most controversial decisions made by Ofcom regarding a complaint was that regarding Jerry Springer: The Opera. Having received a large number of complaints from various viewers, Ofcom decided there had been no breach of the broadcasting code, citing the broadcaster's right of freedom of expression under Article 10 of the European Convention on Human Rights.


PRINCIPLE: To ensure that people under 18 are protected

1.1 Material that might seriously impair, the physical mental or moral development of people under 18 must not be broadcast.

1.2 Children must be protected by appropriate scheduling from material that is unsuitable to them

2.1 Broadcasters must ensure that material which may cause offence is justified by the context. Broadcasters must be careful when representing: 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).

3.1 To ensure that material likely to encourage or incite the commission of crime or to lead to disorder must not be included in TV or Radio services.


Ofcom Broadcasting Code
Ofcom Guidence Notes (TV)

The answers to the following questions can be found by navigating through the OFCOM website, using the links above.

1. In which year was the broadcasting act made law and what was it set up to do?

2. On December 29th 2003 OFCOM replaced the 5 previous regulators for media in Britain, who were they?

3. What duties do OFCOM carry out?

4. How do OFCOM deal with complaints from the public?

5. Why would you have to take OFCOM into account, if you are producing a TV programme that includes music videos and interviews.

6. Choose one of the broadcasting codes and explain what it means. Suggest ways in which this code may be contravened by the content of your programme.

7. How could you ensure that the broadcasting codes will not be broken? (Scheduling, genre of music, censorship, editing etc)