Ofcome Code Of Practice

What is Ofcom?:

Ofcom is the communications regulator. They regulate the TV and radio sectors, fixed line telecoms and mobiles, plus the airwaves over which wireless devices operate. They make sure that people in the UK get the best from their communications services and are protected from scams and sharp practices, while ensuring that competition can thrive.

Ofcom operates under the Communications Act 2003. This detailed Act of Parliament spells out exactly what Ofcom should do. The Act says that Ofcom’s general duties should be to further the interests of citizens and of consumers. Meeting these two duties is at the heart of everything they do.

Accountable to Parliament, they are involved in advising and setting some of the more technical aspects of policy, implementing and enforcing the law. Independent of Government, their decisions and advice are not swayed by party politics, which allows them to act solely in the interest of citizens and consumers.

Legal duties:

Their main legal duties, as set out in the UK Communications Act 2003, are to ensure:
• The UK has a wide range of electronic communications services, including high-speed information services (for example, broadband);
• A wide range of high-quality television and radio programmes are provided, appealing to a range of tastes and interests;
• Television and radio services are provided by a range of different organisations;
• People who watch television and listen to the radio are protected from harmful of offensive material;
• People are protected from being treated unfairly in television and radio programmes, and from having their privacy invaded; and
• The radio spectrum (the airwaves used by everyone from taxi firms and boat owners, to mobile-phone companies and broadcasters) is used in the most effective way.

Ofcom is required under the Communications Act 2003 (“the Act”) and the Broadcasting Act 1996 (as amended) (“the 1996 Act”) to draw up a code for television and radio, covering standards in programmes, sponsorship, fairness and privacy. This Code is to be known as the Ofcom Broadcasting Code (“the Code”). Broadcasters are reminded of the legislative background that has informed the rules, of the principles that apply to each section, the meanings given by Ofcom and of the guidance issued by Ofcom, all of which may be relevant in interpreting and applying the Code. No rule should be read in isolation but within the context of the whole Code including the headings, cross-references and other linking text.

In setting these standards, Ofcom must secure the standards objectives set out in the Act. This not only involves setting minimum standards but also such other standards as may be appropriate. The Code also gives effect to a number of requirements relating to television in EC Directive 89/552/EEC, as amended by Directive 97/36/EC and by Directive 2007/65/EC (“The Audiovisual Media Services Directive”) 2 Extracts can be found in Appendix 2 of the Code. The Code has also been drafted in the light of the Human Rights Act 1998 and the European Convention on Human Rights (“the Convention”). In particular, the right to freedom of expression, as expressed in Article 10 of the Convention, encompasses the audience’s right to receive creative material, information and ideas without interference but subject to restrictions prescribed by law and necessary in a democratic.

The Legislativeckground to the Code:

1. In this Broadcasting Code, where the context admits, references to any legislative provisions, whether in primary or secondary legislation, include a reference to those provisions as amended or re-enacted or as their application is modified by other provisions from time to time; any reference to a statutory provision shall include any subordinate legislation made from time to time under that provision.

2. A codification of the provisions has been proposed by the European Commission in order to consolidate the requirements into a single directive. The new Directive, which will replace the existing version, is expected to be adopted and brought into force during 2010. Although the new Directive will fully preserve the content of the existing legislation it will lead to a renumbering of provisions which will need to be reflected in this Code. We will carry out this exercise at the appropriate time.

http://www.ofcom.org.uk/tv/ifi/codes/bcode/bcode.pdf

Broadcasting:

They are responsible for licensing all UK commercial television and radio services. These include:
• The existing TV channels and radio stations;
• Digital TV services such as Freeview, Sky and Virgin Media and all digital radio stations;
• Internet TV services such as Home Choice;
• Public Teletext and Restricted Service Licences for both TV and radio; and
• Community radio. Their Broadcasting Code sets out rules which television and radio broadcasters must follow.

The code aims to set standards to protect people under the age of 18 from material that is not suitable for them, while allowing broadcasters a appropriate amount of creative freedom. They aim to maintain and strengthen the UK’s high-quality public service broadcasting. They make sure a broad range of television programmes are made – and by independent producers as well as by broadcasters including those in countries and regions in the UK.

http://www.ofcom.org.uk/what-is-ofcom/
http://www.ofcom.org.uk/consumeradvice/guide/of256.pdf

Principles:

To ensure that broadcasters exercise the proper degree of responsibility with respect to the content of programmes which are religious programmes.
To ensure that religious programmes do not involve any improper exploitation of any susceptibilities of the audience for such a programme.
To ensure that religious programmes do not involve any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.

Rules:

1. Broadcasters must exercise the proper degree of responsibility with respect to the content of programmes which are religious programmes.
Meaning of a "religious programme":A religious programme is a programme which deals with matters of religion as the central subject, or as a significant part, of the programme.
2. The religious views and beliefs of those belonging to a particular religion or religious denomination must not be subject to abusive treatment.
3. Where a religion or religious denomination is the subject, or one of the subjects, of a religious programme, then the identity of the religion and/or denomination must be clear to the audience.
4. Religious programmes must not seek to promote religious views or beliefs by stealth.
5. Religious programmes on television services must not seek recruits. This does not apply to specialist religious television services. Religious programmes on radio services may seek recruits.
Meaning of "seek recruits":Seek recruits means directly appealing to audience members to join a religion or religious denomination.
6. Religious programmes must not improperly exploit any susceptibilities of the audience.(See Rules 10.13 to 10.16 in Section 10: Commercial References and Other Matters, regarding appeals.)
7. Religious programmes that contain claims that a living person (or group) has special powers or abilities must treat such claims with due objectivity and must not broadcast such claims when significant numbers of children may be expected to be watching (in the case of television), or when children are particularly likely to be listening (in the case of radio).

http://www.ofcom.org.uk/tv/ifi/codes/bcode/religion/