1. Media Regulation University of Kent Feb 1 st 2012

2. Different sorts of regulation Economic regulation Economic regulation Content regulation Content regulation

3. Why have regulation ? Why have content regulation?

4. Reasons for content regulation of media To protect the citizen To protect the citizen To avoid exploitation To avoid exploitation Protect the vulnerable – esp. children Protect the vulnerable – esp. children Minimum guarantee of quality Minimum guarantee of quality Avoid public offence and outrage ? Avoid public offence and outrage ?

5. Content Regulation What would you expect to see regulated?

6. UK media regulators Ofcom (Office of Communicatons) Ofcom (Office of Communicatons) BBC BBC Press Complaints Commission (PCC) Press Complaints Commission (PCC)

7. UK media regulators Ofcom Ofcom BBC BBC Press Complaints Commission Press Complaints Commission Going to spend most time on broadcast regulation….but important differences between the broadcast media and the press

8. PCC Regulates most newspapers and magazines Regulates most newspapers and magazines It is a independent ‘ self-regulating ’ body It is a independent ‘ self-regulating ’ body Regulator? Regulator?

9. PCC First a bit of history….. Press self-regulation in the United Kingdom began in 1953, when the industry established the Press Council

10. PCC History After the Calcutt inquiry a new body the Press Complaints Commission established in 1991 – ‘ with a mandate to handle complaints more vigorously. ’

11. PCC The PCC is an independent body. It has two principal functions. It maintains and promotes a professional Code of Practice for journalists It maintains and promotes a professional Code of Practice for journalists It deals with complaints from members of the public about possible breaches of the Code by newspapers and magazines. It deals with complaints from members of the public about possible breaches of the Code by newspapers and magazines.

12. PCC The PCC is funded by newspapers and magazines paying an annual levy to PressBof. Subscription to the system is voluntary, and not all UK publications subscribe (Express group & Private Eye)

13. PCC The board of the PCC is made up of 17 members: 10 lay members and seven editors. Complaints to the PCC are adjudicated using its Code of Practice. The Code is written and revised by the Editors' Code Committee which is made up of editors of national, regional and local newspapers sitting alongside the Chairman and Director of the PCC. Unlike the PCC itself, the Code Committee has no lay members except the Chairman and Director of the PCC. The Code is not legally binding. The Code is written and revised by the Editors' Code Committee which is made up of editors of national, regional and local newspapers sitting alongside the Chairman and Director of the PCC. Unlike the PCC itself, the Code Committee has no lay members except the Chairman and Director of the PCC. The Code is not legally binding.

14. PCC: what happens to complaints? Complaints under the terms of the Code are assessed by the PCC to determine whether the Code has been breached. Complaints under the terms of the Code are assessed by the PCC to determine whether the Code has been breached. If they conclude that it has, the editor concerned may offer to resolve the complaint by the publication of a correction, an apology, a further article or a reader's letter. If they conclude that it has, the editor concerned may offer to resolve the complaint by the publication of a correction, an apology, a further article or a reader's letter. If the offer is unsatisfactory to the complainant, the PCC will take a decision as to whether there remain issues for which redress is needed. If the offer is unsatisfactory to the complainant, the PCC will take a decision as to whether there remain issues for which redress is needed. If the PCC decides this is the case, the publication concerned is obliged to publish the PCC's adjudication with due prominence. If the PCC decides this is the case, the publication concerned is obliged to publish the PCC's adjudication with due prominence.

15. PCC: what happens to complaints? So no fines So no fines PCC will not take on cases where person also taking legal action. PCC will not take on cases where person also taking legal action.

16. The PCC Code of Conduct Accuracy Accuracy Opportunity to reply Opportunity to reply Privacy Privacy Harassment Harassment Intrusion into grief or shock Intrusion into grief or shock Children Children Children in sex cases Children in sex cases Hospital Hospital Reporting of crime Reporting of crime Clandestine devices and subterfuge Clandestine devices and subterfuge Victims of sexual assault Victims of sexual assault Discrimination Discrimination Financial journalism Financial journalism Confidential sources Confidential sources Witness payments in criminal trials Witness payments in criminal trials Payment to criminals Payment to criminals

17. The PCC Code of Conduct 11 exceptions for ‘ public interest ’. So what is the public interest?

18. The PCC Code of Conduct ‘ Public interest ’ exceptions to clauses on privacy, harassment, children, hospitals, reporting of crime, clandestine devices and payments to criminals ‘ Public interest ’ exceptions to clauses on privacy, harassment, children, hospitals, reporting of crime, clandestine devices and payments to criminals The ‘ public interest ’ includes, but is not confined to: i) Detecting or exposing crime or serious impropriety. ii) Protecting public health and safety. iii) Preventing the public from being misled by an action or statement of an individual or organisation. The ‘ public interest ’ includes, but is not confined to: i) Detecting or exposing crime or serious impropriety. ii) Protecting public health and safety. iii) Preventing the public from being misled by an action or statement of an individual or organisation. ‘ There is a public interest in freedom of expression itself. ’ ‘ There is a public interest in freedom of expression itself. ’

19. Ofcom Ofcom is an independent organisation which regulates the UK’s broadcasting, telecommunications and wireless communications sectors. Ofcom is an independent organisation which regulates the UK’s broadcasting, telecommunications and wireless communications sectors. It is responsible for licensing all UK commercial television and radio services including 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. It is responsible for licensing all UK commercial television and radio services including 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.

20. Ofcom Its main legal duties in broadcasting are to ensure a wide range of high-quality television and radio programmes are provided, appealing to a range of tastes and interests a wide range of high-quality television and radio programmes are provided, appealing to a range of tastes and interests that television and radio services are provided by a range of different organisations that television and radio services are provided by a range of different organisations that people who watch television and listen to the radio are protected from harmful or offensive material (covered in the Broadcast Code) that people who watch television and listen to the radio are protected from harmful or offensive material (covered in the Broadcast Code) and that people are protected from being treated unfairly in television and radio programmes, and from having their privacy invaded (also in Broadcast Code) and that people are protected from being treated unfairly in television and radio programmes, and from having their privacy invaded (also in Broadcast Code)

21. Ofcom Unlike the Press Complaints Committee, Ofcom is a statutory body i.e. set up by Act of Parliament. If broadcasters apply for an Ofcom licence – and they need a licence - they are regulated by Ofcom. Unlike the PCC, regulation is not voluntary. Ofcom has the power in law to fine broadcasters and revoke licences.

22. Ofcom When Ofcom finds its Broadcast Code has been breached it has a range of statutory powers including: issuing a direction not to repeat a programme issuing a direction not to repeat a programme directing a broadcaster to broadcast a correction or statement of Ofcom ’ s findings directing a broadcaster to broadcast a correction or statement of Ofcom ’ s findings a fine a fine the revocation of a licence (but this does not apply to the BBC, S4C or Channel 4). the revocation of a licence (but this does not apply to the BBC, S4C or Channel 4).

23. Ofcom Ofcom Broadcast Code Protecting the Under-Eighteens Protecting the Under-Eighteens Harm and Offence Harm and Offence Crime Crime Religion Religion Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions Elections and Referendums Elections and Referendums Fairness (to individuals or organizations directly affected by broadcasts) Fairness (to individuals or organizations directly affected by broadcasts) Privacy Privacy Sponsorship Sponsorship Commercial References and Other Matters Commercial References and Other Matters NB Going to skip religion and sponsorship.

24. Ofcom So unlike the PCC, Ofcom has the right to fine licensees. Fines can be heavy. In 2008 (the year of the fake quizzes), Ofcom issued fines on broadcasters totalling almost £7.83m during the year for breaches of the Broadcast Code. Carlton TV fined £2m for ‘ The Connection ’. Carlton TV fined £2m for ‘ The Connection ’.

25. Ofcom Section 1: Protecting the Under- Eighteens Section 1: Protecting the Under- Eighteens Trisha video Cardiff video

26. Ofcom Broadcast Code Section 1: Protecting the Under- Eighteens Section 1: Protecting the Under- Eighteens Protecting under-18’s and children under 15 Protecting under-18’s and children under 15 Examples of unsuitable material Examples of unsuitable material The use of scheduling to avoid exposing these age-groups to unsuitable material The use of scheduling to avoid exposing these age-groups to unsuitable material Factors in appropriate scheduling Factors in appropriate scheduling The concept of the television ‘watershed’ The concept of the television ‘watershed’ Sensitive times on radio when children are particularly likely to be listening Sensitive times on radio when children are particularly likely to be listening

27. Ofcom Broadcast Code Section 2: Harm and Offence Section 2: Harm and Offence Comic relief ambulance

28. Ofcom Broadcast Code Section 2: Harm and Offence Section 2: Harm and Offence Protecting members of the public from harmful and/or offensive material. Protecting members of the public from harmful and/or offensive material. What ’ s likely to offend ? Bad 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). What ’ s likely to offend ? Bad 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). Warnings can help in minimising offence. Warnings can help in minimising offence. Factors to be taken into account when judging likely offence – the nature of the material and the context in which it is broadcast. Factors to be taken into account when judging likely offence – the nature of the material and the context in which it is broadcast.

29. Ofcom Broadcast Code The meaning of context the editorial content of the programme, programmes or series; the editorial content of the programme, programmes or series; the service on which the material is broadcast the service on which the material is broadcast the time of broadcast the time of broadcast what other programmes are scheduled before and after the programme or programmes concerned what other programmes are scheduled before and after the programme or programmes concerned the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally or programmes of a particular description the degree of harm or offence likely to be caused by the inclusion of any particular sort of material in programmes generally or programmes of a particular description the likely size and composition of the potential audience and likely expectation of the audience the likely size and composition of the potential audience and likely expectation of the audience the extent to which the nature of the content can be brought to the attention of the potential audience for example by giving information the extent to which the nature of the content can be brought to the attention of the potential audience for example by giving information the effect of the material on viewers or listeners who may come across it unawares the effect of the material on viewers or listeners who may come across it unawares

30. Ofcom Broadcast Code Section 2: Harm and Offence Section 2: Harm and Offence Violent and anti-social behaviour. Violent and anti-social behaviour. Suicide and self-harm. Suicide and self-harm. Factual programmes must not materially mislead. Factual programmes must not materially mislead.

31. Ofcom Broadcast Code Section 3: Crime Section 3: Crime Not including material likely to encourage or incite crime Not including material likely to encourage or incite crime Avoiding details of criminal techniques Avoiding details of criminal techniques Payments to criminals Payments to criminals Payments to witnesses Payments to witnesses

32. Ofcom Broadcast Code Section Five Impartiality Bill Nighy Video

33. Ofcom Broadcast Code Section 5: Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions Section 5: Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions Impartiality - a key difference between broadcast and press regulation Impartiality - a key difference between broadcast and press regulation The meaning of impartiality? Discuss The meaning of impartiality? Discuss The meaning of ‘due impartiality’? Discuss The meaning of ‘due impartiality’? Discuss The special requirements for ‘matters of political or industrial controversy or current public policy’ The special requirements for ‘matters of political or industrial controversy or current public policy’ Broadcast organizations cannot express views on topical issues in the ways that newspapers can Broadcast organizations cannot express views on topical issues in the ways that newspapers can The concept of achieving impartiality either in one programme or over the course of a series of programmes. Correcting significant mistakes in news programmes. The concept of achieving impartiality either in one programme or over the course of a series of programmes. Correcting significant mistakes in news programmes. NB. The BBC is not subject to Ofcom regulation on this subject but has similar but separate guidelines.

34. Ofcom Broadcast Code Section 6: Elections and Referendums Section 6: Elections and Referendums Another area of key difference with the press Another area of key difference with the press Maintaining impartiality during an election period Maintaining impartiality during an election period Elections are a special case Elections are a special case James Whale TalkSport case James Whale TalkSport case Coverage of major parties, other parties and independent candidates Coverage of major parties, other parties and independent candidates Appearances by candidates. Coverage within a constituency or electoral area Appearances by candidates. Coverage within a constituency or electoral area Appearances by candidates. All candidates with significant electoral support must be offered the opportunity to appear Appearances by candidates. All candidates with significant electoral support must be offered the opportunity to appear Coverage on election day Coverage on election day Again, the BBC is not subject to Ofcom regulation on this subject but has similar but separate guidelines.

35. Ofcom Broadcast Code Section 7: Fairness Section 7: Fairness This section and that on privacy (Section 8) are about individuals and organizations directly affected by programmes rather than what the general public sees or hears. This section and that on privacy (Section 8) are about individuals and organizations directly affected by programmes rather than what the general public sees or hears. Avoiding unjust or unfair treatment of individuals or organizations Avoiding unjust or unfair treatment of individuals or organizations Fairness to contributors Fairness to contributors

36. Ofcom Broadcast Code What contributors can reasonably expect of the broadcaster Where a person is invited to make a contribution to a programme (except when the subject matter is trivial or their participation minor) they should normally, at an appropriate stage: Where a person is invited to make a contribution to a programme (except when the subject matter is trivial or their participation minor) they should normally, at an appropriate stage: be told the nature and purpose of the programme, what the programme is about and be given a clear explanation of why they were asked to contribute and when (if known) and where it is likely to be first broadcast; be told the nature and purpose of the programme, what the programme is about and be given a clear explanation of why they were asked to contribute and when (if known) and where it is likely to be first broadcast; be told what kind of contribution they are expected to make, for example live, pre-recorded, interview, discussion, edited, unedited, etc.; be told what kind of contribution they are expected to make, for example live, pre-recorded, interview, discussion, edited, unedited, etc.; be informed about the areas of questioning and, wherever possible, the nature of other likely contributions; be informed about the areas of questioning and, wherever possible, the nature of other likely contributions; be made aware of any significant changes to the programme as it develops which might reasonably affect their original consent to participate, and which might cause material unfairness; be made aware of any significant changes to the programme as it develops which might reasonably affect their original consent to participate, and which might cause material unfairness; be told the nature of their contractual rights and obligations and those of the programme maker and broadcaster in relation to their contribution; and be told the nature of their contractual rights and obligations and those of the programme maker and broadcaster in relation to their contribution; and be given clear information, if offered an opportunity to preview the programme, about whether they will be able to effect any changes to it be given clear information, if offered an opportunity to preview the programme, about whether they will be able to effect any changes to it

37. Ofcom Broadcast Code Section 7: Fairness Section 7: Fairness Programmes must be fair in their treatment of facts and individuals Programmes must be fair in their treatment of facts and individuals Allowing those criticised a chance to respond. Allowing those criticised a chance to respond.

38. Ofcom Broadcast Code Section 8. Privacy Panorama video

39. Ofcom Broadcast Code Section 8. Privacy Any infringement of privacy in programmes must be ‘warranted’. Any infringement of privacy in programmes must be ‘warranted’. Meaning of ‘warranted’, ‘the public interest’ and ‘legitimate expectation of privacy’. Meaning of ‘warranted’, ‘the public interest’ and ‘legitimate expectation of privacy’. ‘ Warranted ’ means that where broadcasters wish to justify an infringement of privacy, they should be able to demonstrate why in the particular circumstances of the case. If the reason is that it is in the public interest, then the broadcaster should be able to demonstrate that the public interest outweighs the right to privacy. ‘ Warranted ’ means that where broadcasters wish to justify an infringement of privacy, they should be able to demonstrate why in the particular circumstances of the case. If the reason is that it is in the public interest, then the broadcaster should be able to demonstrate that the public interest outweighs the right to privacy. Examples of public interest would include revealing or detecting crime, protecting public health or safety, exposing misleading claims made by individuals or organisations or disclosing incompetence that affects the public Examples of public interest would include revealing or detecting crime, protecting public health or safety, exposing misleading claims made by individuals or organisations or disclosing incompetence that affects the public

40. Ofcom Broadcast Code Section 8. Privacy In its adjudications Ofcom has separated the gathering of material and the transmission of material - considering in each case firstly whether there was an intrusion and secondly whether it was justified by the public interest. Obtaining consent and exceptions. Obtaining consent and exceptions. Recording in sensitive places. Recording in sensitive places. Doorstepping Doorstepping Recording phone calls. Surreptitious recording Recording phone calls. Surreptitious recording Privacy and emergencies and accidents Privacy and emergencies and accidents

41. Ofcom Broadcast Code Sections 9 & 10: Commercial References To ensure that broadcasters maintain editorial independence and control over programming (editorial independence). To ensure that there is distinction between editorial content and advertising (distinction). To protect audiences from surreptitious advertising (transparency). To ensure that audiences are protected from the risk of financial harm (consumer protection). To ensure that unsuitable sponsorship is prevented (unsuitable sponsorship). Avoiding ‘undue prominence’ Avoiding ‘undue prominence’

42. Media regulation A very quick whiz through….. Questions and discussion