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Ofcom - Broadcast Regulation

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  • Course
  • Media Law (JOU405)
  • Institution
  • Southampton Solent University (SSU)
  • Book
  • McNae\'s Essential Law for Journalists

The following document concerns the regulation which Ofcom follows for broadcast journalists in the industry. It consists of Ofcom’s role and actions and the Broadcasting code and rules. These notes also have links to the Ofcom site, which concern each section being discussed throughout the docu...

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Document information

  • May 4, 2023
  • 9
  • 2020/2021
  • Class notes
  • John may
  • Media regulation

Subjects

  • media regulation
  • ofcom
  • broadcast regulation
  • media law

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  • Southampton Solent University (SSU)
  • Unknown
  • Media Law (JOU405)
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Broadcast Regulation
Ofcom - Office of Communication
(Operating since 2003)

“Commercial broadcast organisations must be impartial
when covering politics and social issues, and must be
accurate, treat people fairly, respect privacy and avoid
causing harm and offence.”

3.3 | Ofcom’s roles and actions
- Statutory power to levy substantial fines or revoke the
license of a commercial broadcaster which seriously
breaches the Broadcasting Code.

- The Communications Act 2003 makes Ofcom responsible
for ensuring the existence of a wide appeal range of TV
and radio services of high quality and wide appeal, and for
maintaining plurality in broadcasting.

- The 2003 Act and the Broadcasting Act 1996 require
Ofcom to draw up standards for programme content.

- If Ofcom upholds a complaint, it can direct that a
programme should not be repeated or order the
broadcaster to air a correction or a statement of Ofcom’s
findings. It can impose a fine if it considers a breach of the
code to be serious or reckless.

- Ofcom cannot shorten, suspend, or revoke the license of
public service broadcasters such as BBC, S4C or Channel
4.


3.4 | Broadcasting code

Section 1: Protecting under 18s
Section 2: Avoiding harm and offence
Section 3: Covering crime, disorder, hatred and abuse
Section 4: Covering religion

, Section 5: Due impartiality and due accuracy, and undue
prominence of views and opinions

Section 6: Covering elections and referendums
Section 7: Fairness
Section 8: Protecting Privacy
Section 9: Commercial communications in radio programming
Section 10: Commercial communications in radio
programming




3.4.1 | Protecting under-18s
Rule 1.1 – Material that might seriously impair the physical,
mental, or moral development of people under 18 must not be
broadcast.
Rule 1.2 – Broadcasters must take all reasonable steps to
protect those under 18.
Rule 1.3 – Children must be protected by appropriate
scheduling from material that is unsuitable for them –
“Children” in this rule are those under 15.


3.4.2 | The TV watershed
Rule 1.6 – Material unsuitable for children must not, in
general, be broadcast pre-watershed and the transition to post-
watershed material must not be unduly abrupt – 5:30am to
9pm.


3.4.4 | Protecting children involved in programmes
Rule 1.28 – Broadcasters must take ‘due care’ over the
‘physical and emotional welfare and the dignity’ of children
under 18 who take part or are involved in programmes,
irrespective of any consent they, their parents or guardians
give.

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