2008 was a record year for fines issues by Ofcom and the repercussions are being felt
accross the television industry
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.
Can Michael Simkins LLP help you?
If you are affected by any of the issues raised here please do contact us. We would be delighted to have an informal meeting with you to explore any concerns you have or how to protect yourself better in future.
Please contact Eleanor Steyn:
Telephone: +44 (0)20 7874 5663
Email: eleanor.steyn@simkins.com
Eleanor Steyn at Michael Simkins LLP
Before joining the firm, Eleanor worked for Ofcom. She worked on the majority of the high-profile sanctions imposed on broadcasters in 2008 in relation to unfair conduct of viewer and listener competitions and votes. She also worked on various fairness and privacy cases.
As a result Eleanor has an excellent understanding of Ofcom’s procedures for handling sanctions and its approach to handling fairness and privacy complaints. She can provide practical advice as to how best to ensure compliance and avoid regulatory or legal action being taken. She is also able to advise on dealing with the fall-out in the event that a programme is the subject of an adverse regulatory finding.
Michael Simkins LLP
Michael Simkins LLP is one of the pre-eminent media firms in the UK offering a full range of legal and business affairs services to clients in the media and entertainment industries. Our lawyers are practical, commercial people with many years’ experience in advising and litigating in the media sector. See www.simkins.co.uk for more details on our people and services.
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