1. NCTJ Broadcast Regulation
5 Feb 2018

2. Revising for the exam
Main thing – make sure you’re familiar with the Code.
The rules themselves are the important thing – rule numbers less so.
Remember some adjudications – 1 or 2 per section.
Adjudications on Ofcom website:
‘Broadcast and On Demand Bulletins’
NB: Ipso code + law are not relevant.

3. Suggested approach to answering questions
Identify regulatory issue
State rule(s)
Explain if/how rule(s) infringed
Suggest how infringement could have been avoided
Give relevant example of adjudication
Explain likely sanction
Step 3 might require analysis – the application of the rule to the scenario may be uncertain

4. Quick tips
Read the question carefully – what kind of programme? TV or radio? News (what kind)? Religious? Time of broadcast?
Some red flags – eg: question mentions ‘camera flashes’? EPILEPSY (rule 2.12).
Sanctions – best to give an example, but if not: ‘Ofcom has the power to fine a broadcaster for breaching the Code, or to require the broadcast of an apology’.
NOTE: Ofcom cannot sanction individual presenters etc – only the broadcaster.
Reference to sanctions required for clear pass.
Missed issues will result in a capped mark for the question.

5. Quick tips
Remember – Code Sections Seven and Eight protect participants in/subjects of programmes; all others protect audience.
So if question relates to children involved in programme, Section One is not relevant (except 1.28 & 1.29). Section One protects kids in the audience.
Rules 1.28 and 1.29 are effectively duplications of rules in Sections 7 or 8.

6. Quick tips
Offensive content under Section Two is not absolutely prohibited – it must be ‘justified by the context’.
Infringements of privacy under Section 8 might be ‘warranted’ (eg by public interest). Similar applies to unfairness under Section 7.
These kinds of issue (especially privacy) require some discussion of arguments for/against whether infringement is justified/warranted in circumstances. What arguments could the broadcaster make to justify their actions?
Quite a lot of students seem to over-state the requirements of the Code.

7. Questions