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Bringing you regular news of key developments in broadcasting regulation.
OFCOM
Ofcom consultation on commercial references in television programming, issued 28 June 2010
Ofcom has issued its much-anticipated consultation on its proposed changes to the sponsorship and commercial references sections of its Broadcasting Code (Code). The changes are required as a result of the government’s decision to permit product placement. Ofcom proposes that:
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The new product placement rules should be applied to all instances of paid-for placement.
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| (b) |
It should be clarified that: (i) the genre of films (in which product placement will be permitted) includes single dramas; (ii) product placement is prohibited in news; and (iii) thematic placement is also prohibited (i.e. where scripts or storylines are created as vehicles for featuring the aims, objectives, beliefs or interests of a third-party funder).
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| (c) |
Placement of products/services that cannot be advertised on television should be prohibited.
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The Code should set out how broadcasters must inform audiences about product placement.
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| (e) |
Sponsors should be allowed to place products in programmes they are sponsoring, and limited sponsor credits should be permitted during programmes.
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The closing date for responses to the consultation is 17 September 2010. The amendments to Ofcom’s Code are unlikely to come into force before December 2010. Until then, the current outright prohibition on product placement will continue.
Ofcom’s consultation.
Report on audience attitudes towards offensive language, June 2010
Ofcom has published a research report by Synovate, which will now form part of Ofcom’s guidance in relation to the broadcast of potentially offensive language. The report, along with a range of other contextual factors (such as the scheduling, frequency and intensity of potentially offensive language and type of programme), will be used to inform Ofcom’s consideration of viewer and listener complaints. The last such Ofcom research report was published five years ago. As the foreword to the new report makes clear, the use of language changes over time and, likewise, the impact of the offence it may cause also changes over time. The report, which runs to 297 pages, is rather unwieldy. It remains to be seen how easy broadcasters and production companies will find it to use as guidance in practice.
Report.
Sponsorship: Connect the World, CNN International, 6 January 2010
The Code was breached by sponsorship of a short segment in a news and current affairs programme, in which a well-known US politician was interviewed by the presenter and asked questions which had been submitted by viewers. Sponsorship of news and current affairs programmes is prohibited under the Code. The broadcaster had argued – rather optimistically it transpired – that the segment was not a news and current affairs format, even though it sat within a current affairs show. It also argued, again optimistically, that the interview segment was in the context of a book that the guest had recently published, rather than current affairs. Ofcom made clear that, while it was perfectly legitimate for a politician to appear in a sponsored programme, the discussions or topics covered could not be about news, nor could they feature explanation or analysis of current events and issues.
Ofcom’s decision.
Sponsorship: Dubai World Cup Special, Channel 4, 27 March 2010
Coverage of this horse-racing event was sponsored by the Emirate of Dubai. References within the programme to the race venue (and to Dubai generally) breached the Code rule that prohibits promotional references to a sponsor or to any of its interests within a programme. As Channel 4 accepted, it was inappropriate to include a pre-recorded item about the race venue (which lasted over two minutes). In Ofcom’s view: “The pre-recorded item had more in common with an advertising promotion than content usually associated with horseracing coverage. The emphasis of the piece was the hotel, with extended shots of, and information on, the rooms, pool and restaurant included.” Ofcom also considered that the references to Dubai during the commentary accompanying the opening ceremony appeared to be contrived and promoted a positive view of the country.
Ofcom’s decision.
Misleading promotion: Lord of the Ring Promotion, Sky Box Office, 3 April 2010
A promotion for a package of fights available to view on Sky Box Office that included a boxing fight which had been cancelled was misleading and breached the BCAP Television Advertising Standards Code. Sky accepted that the promotion had erroneously contained incorrect information and extended its sincere apologies to the individual who had complained to Ofcom and offered a full refund. Ofcom made clear that it expected broadcasters to have adequate compliance procedures in place to ensure that material did not materially mislead viewers within promotions of availability of pay-per-view content. It expected Sky to take greater care in future to ensure that material promoting content for which it was inviting viewers to pay was accurate and up-to-date.
Ofcom’s decision.
Fairness: Complaint by Lord Ashcroft KCMG, Today, Radio 4, 17 December 2009
This edition of Today included an item looking at the previous day’s activities in Parliament and discussed Prime Minister’s Question Time. Lord Ashcroft complained that the programme unfairly stated that the Liberal Democrats had accused him of tax evasion during Prime Minister’s Question Time and therefore implied that he was guilty of a criminal offence. He complained that it was unfair for him not to have been given an appropriate opportunity to respond to this serious allegation. Ofcom concluded that the report had provided a fair reflection of Prime Minister’s Question Time and, taken as whole, had made clear that, while the Liberal Democrats had raised a question about tax evasion, they had not in fact accused Lord Ashcroft of this. Instead, the report had correctly and fairly presented the fact that the Liberal Democrats had accused Lord Ashcroft of avoiding paying tax in the UK on overseas earnings. This did not amount to an allegation of criminal wrongdoing which would have required, in the interests of fairness, an opportunity to respond.
Ofcom's decision.
BBC TRUST
Accuracy: Look North, BBC One, 8 September 2009
This programme breached the BBC Editorial Guideline on accuracy. It used unlabelled library footage from outside the North East to illustrate a report on sex trafficking in the North East, which gave the misleading impression that raids had been carried out in the region. It was also inaccurate for the programme not to have made clear that the police had given them a figure for the number of trafficked women currently working in the sex industry in the North East. Other elements of the complaint relating to impartiality were not upheld.
BBC Trust’s decision.
For further information, please contact:
Eleanor Steyn
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