content standards presentation for london metropolitan university
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Content Standards Regulation
Presentation to London Metropolitan University
MA Communications Management students
Damian Radcliffe, Ofcom 10th March 2011
Communications Act 2003 section 3
It shall be the principal duty of OFCOM, in carrying out their functions -
a) to further the interests of citizens in relation to communications matters; and
b) to further the interests of consumers in relevant markets, where appropriate by promoting competition
Purpose of Ofcom
✴ Protecting the Under-Eighteens
✴ Harm & Offence
✴ Crime
✴ Religion
✴ Due impartiality and accuracy
✴ Elections
✴ Fairness
✴ Privacy
✴ Sponsorship
✴ Commercial References
Broadcasting Code
✴ Key Factors
- “adequate protection...” against harm and offence
- offence must be “justified by the context”
- context:
‣ editorial content
‣ the service it is broadcast on
‣ time it was broadcast
‣ likely size & composition of the audience
‣ information
Generally Accepted Standards
- freedom of expression and news
- important and serious treatment - public interest
- documentary evidence and not sensationalised
- news channel
- warning
- no prohibition on point of death
Al Jazeera
✴ Key Factors
- length
- cold-blooded and callous
- extremely graphic
- just after 9pm watershed
- point blank shooting
- noted a range of techniques available
✴ Key Factors
- impartiality - restriction on freedom of expression
- exercise great care - political debate
- code allow for personal view programmes but...‘due impartiality’ must be maintained
- no requirement for equal time
- must acknowledge alternative views exist
- major matter - ‘due weight’
- systems in place to ensure impartiality is maintained
Impartiality
✴ Programme
This evening news bulletin included a report on the sentencing of Mr James Kerr for the murder of Mr Thomas Nicoll
✴ Complaint
Ms ‘B’ complained that the programme unfairly suggested she made false claims of sexual abuse against Mr Thomas Nicoll and that she may “have his death on her conscience”.
✴ Key Factors
- Public interest in unrestricted court reporting
- Public interest in reporting that abuse claims were cause of murder
- Very serious allegation made against Ms ‘B’
- No factual basis for allegations that abuse claims were false
STV News Report
✴ Programme
- Factual ‘fly on the wall’ programme following the work of the Greater Manchester Police Dog Unit. ‘F’ (a minor) was shown driving and abandoning a car and then being arrested by the police.
✴ Complaint
- ‘F’s father complained that his son’s privacy was unwarrantably infringed by the broadcast (without consent) of un-obscured images of his son being arrested.
✴ Key factors
- Incident took place in public
- Public interest in disclosing crime and wrongdoing
- Public interest in examining the work of the police
- He was a minor
- His prosecution was subject of reporting restrictions prohibiting the showing any images of him
Send in the Dogs
✴ Key Factors
- rules based on European law
- over-promotional
- tele-shopping style
- the way it was filmed
- editorial justification
- context - news not review programme
Undue Prominence and Promotion
Generally accepted standards
• Swearing after the watershed
• Finding for Ramsays Great British Nightmare, Channel 4, 30 January 2009, 21:00 - 23:00 (in breach) http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb133/
• Free Agents, Channel 4, various dates from 20 February 2009, 22:00 (not in breach)
• Offensive images
• Finding for News, Al Jazeera, 9 February 2010, 21:04 (in breach) http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb156/
Impartiality
• Finding for Comment & The Real Deal, Press TV, January 2009, Various dates and times (in breach) http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb139/
Find out more (related to the clips we saw)
Fairness and Privacy
• Finding for Scotland Today – STV, 18 Jan 2008, complaint made by Ms ‘B’ (upheld) http://stakeholders.ofcom.org.uk/binaries/enforcement/broadcast-bulletins/obb122/issue122.pdf
• Finding for Send in the Dogs, ITV1, 28 July 2009, complaint by Mr E made on behalf of F (his son) – (upheld) http://stakeholders.ofcom.org.uk/binaries/enforcement/broadcast-bulletins/obb151/Issue151.pdf
Undue prominence and promotion
• Finding for Five News at 7, Five, 5 February 2009, 19:00 (upheld) http://stakeholders.ofcom.org.uk/enforcement/broadcast-bulletins/obb136/
Find out more (part two)
✴ Public concern remain about some content
✴ But convergence creates possible confusion
✴ Statutory v self-regulation
✴ Role of media literacy
✴ The importance of freedom of expression and information
✴ So what are the important areas:
– Protection of children
– Privacy
– Transparency (whether commercial or labeling)
Challenges for the Future?
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