Media Law 25: Ofcom

Question 1

difference between Ofcom and PCC

[1]

Answer 1

• statutory vs self-regulation

Question 2

reason Ofcom is statutory

[2]

Answer 2

• moving images are riskier / more direct

- state control of analogue channels

Question 3

when was Ofcom created?

[2]

Answer 3

• Communications Act 2003

- Ofcom brought in 2005

Question 4

what does the BBC have instead of parts of Ofcom Code

[1]

Answer 4

• BBC Editorial Guidelines

Question 5

who is Ofcom beholden to?

[2]

Answer 5

• independent of Government

- accountable to Parliament

Question 6

what are Ofcom’s main roles?

[3]

Answer 6

• issue licences
• set standards
• deal with complaints

Question 7

what sanctions can Ofcom use?

[5]

Answer 7

• forbid repeat broadcast of programme
• force channel to issue apology / Ofcom-written statement
• fine up to £250,000 (BBC and S4C) OR 5% of ‘qualifying revenue’
• shorten or revoke licence to broadcast (serious and repeated offences)
• find the matter resolved and no further action needed

Question 8

harm and offence in Ofcom

[4]

Answer 8

• offensive material must be justified in context
• factual programmes should not ‘materially mislead’ viewers
• methods of suicide/self-harm must be justified in contex
• simulated news broadcasts must not seem like the real news

Question 9

rules about impartiality and accuracy in news programmes

[3]

Answer 9

• news should be presented with ‘due impartiality’ (depending on content, this may not necessarily mean each side gets an equal voice…)
• errors should be corrected as soon as possible
• never use politician as interviewer/presenter/reporter unless justified (then allegiance must be stated)

Question 10

special rules for ‘matters of political or industry controversy, or matters of current public policy’
[8]

Answer 10

• don’t express broadcaster’s own view
• due impartiality (but can be over multiple shows)
• views and facts must not be misrepresented
• make presenter/reporter’s interests known
• presenters/reporters can put over their views, but must be balanced by others
• presenters appearing regularly must not use this as an advantage over due impartiality
• phone-in presenters must encourage alternative views
• ‘personal view’ programmes must be indicated as such from the start

Question 11

rules for referendum/election

[7]

Answer 11

• due weight to ‘designated organisations’, and appropriate coverage to other ‘permitted participants’
• candidates must not act as newsreaders, etc.
• no arranging for candidates to appear on non-political programmes (applies after election period begins)
• reports must use due impartiality (although if one side refuses to show, it can still go ahead)
• reports on constituencies must mention candidates names OR parties (depending on geographical size)
• all discussion ends when polling stations open
• no opinion poll results broadcast on polling day

Question 12

rules about being fair

[10]

Answer 12

• be fair to contributors
• inform contributors
• parent/guardian permission for under 16s / not in permission to give consent
• edit fairly
• honour guarantees (e.g. anonymity, confidentiality, content of programme, etc.)
• reuse content fairly
• present facts fairly
• give ‘appropriate and timely’ chance to respond to allegations
• if people don’t appear, you should state this and give person’s excuse
• if someone doesn’t take part, their view should still be represented