ETHICS AND REGULATION Ofcom, the PCC code and the BBC Guidelines

CHILDREN’S PRIVACY AND WELFARE Both the PCC and Ofcom Codes emphasise the privacy of children. This includes interviewing and filming/photographing them, protects them at school and protects the children of the famous. There are public interests defences – as there are with many of these ethical areas – but they are fairly strictly applied. A good case to remember and quote is “Mrs Laura Gaddis against the Hamilton Advertiser”. The PCC rules against the paper when its website ran footage of a classroom disturbance. There was public interest in the uproar it said - but not in IDing the children.

CHILDREN’S PRIVACY AND WELFARE Ofcom says broadcasters should pay special attention to the privacy of those under 16. Consent must be obtained from parents/guardians before using them in programmes or questioning them about private matters. This includes vulnerable people such as those with mental illness or dementia or with learning difficulties. However – see Ofcom Bulletin 116 where public interest trumped the privacy of a very young child.

“NO COMMENT” Clause 4 of the PCC Code says when a person has “no comment” we shouldn’t engage in intimidation or persistent pursuit or remain on their property. Ofcom in Section 8.7 says where a person’s privacy is being infringed and they ask the broadcaster to stop, the broadcaster should do so - unless “warranted”. As with PCC public interest defences “warranted” is defined as where the public interest – detecting crime for instance – outweighs the right to privacy.

DOORSTEPPING Ofcom’s section 8.11 says doorstepping should only take place where a request for interview has been refused or there’s reason to believe investigation will be frustrated if the subject is approached openly. It doesn’t apply to approaching people in the news in public places or to vox-pops.

COVERT FILMING/RECORDING Clause 10 of the PCC Code says we should not obtain or publish material gained by hidden cameras or clandestine listening devices or by intercepting calls, e- mails, etc. Ofcom says we can record phone calls under certain circumstances but surreptitious filming or recording will only be warranted if: there’s prima facie evidence of public interest, we suspect there’s more material to be obtained and it’s necessary for the credibility of the programme. It should only be broadcast if “warranted” – see above.

DECEPTION AND SUBTERFUGE Clause 10 of the PCC Code says these things need particular justification to be ethical – and so do the public interest exceptions. Ofcom says these things may be warranted in the public interest and when the material cannot reasonable be obtained by other means. The BBC Editorial Guidelines say very similar things.

IMPARTIALITY Note – this is one of the areas in which the BBC is not subject to Ofcom. Its guidance is very similar. Ofcom Section 5 says broadcasters must exercise 2due impartiality” and guard against undue prominence of views or opinions. (See your notes and look also at Section 5.9 – 5.13 regarding views expressed by staff.) You need to be aware, in general terms of the Ofcom adjudication against Bloomberg TV in 2005 when it breached impartiality guidelines. A good one to quote in the exam. Ofcom contrasts considerably with the PCC code in this area – it simply says the Press, while free to be partisan, must distinguish between comment, conjecture and fact.