The most high profile cases were the Ofcom investigations into premium rate viewer competitions run by ITV and Channel 4. The broadcasters in these cases were fined millions of pounds for misleading the public. The producers of the programmes were hauled before their commissioning broadcasters to explain, and even the presenters of the offending programmes, such as Ant and Dec and Richard and Judy, were forced to issue public statements distancing themselves from involvement.

Broadcasters, producers and individual presenters also came under fire on
privacy and offence issues, most notably in the Russell Brand and Jonathan
Ross Sachsgate affair. This was front page news for several days and resulted
in the BBC being fined £150,000 by Ofcom. The producer, Vanity Projects, was heavily criticised by Ofcom, Russell Brand quit his BBC radio show, Jonathan
Ross was suspended by the BBC and the Controller of BBC Radio 2, Lesley Douglas, resigned.

The consequences for TV producers

While fines imposed by Ofcom in these cases fall on the broadcasters, it is clear that programme producers and the individuals involved in the programmes
cannot escape blame if they fail to comply with the broadcasting codes:

• Damaged client relationships: The reputation of programme producers and their commissioning relationships with the major broadcasters are likely to be badly affected if programmes are not compliant.

• Financial penalties: If broadcasters suspend new commissions, production fees are lost; broadcasters may also seek contractual damages for losses suffered as a result of non-compliant programmes.

• Damaged reputations: The media furore surrounding high profile cases of
non-compliance can be even more damaging for the individuals involved, from the presenters to the producers to the executives in charge.

For producers therefore the message is clear: comply with the broadcasting
codes or face the consequences.

How to protect yourself

It is vital for production companies to obtain pre-broadcast legal advice in
relation to their programmes, particularly where the material is likely to attract
the attention of Ofcom. Areas to watch out for are: sponsorship and product placement, invasions of privacy, and the potential to cause harm and offence.
If the programme is destined for the BBC, compliance with the BBC Editorial Guidelines is essential. And in all cases, checks on the use of copyright material
and potential libels are also advisable.