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Ofcom Unveils New Broadcasting Code To Protect Minors

Ofcom Unveils New Broadcasting Code To Protect Minors

IPA Logo Ofcom has today published its new Broadcasting Code for television and radio, covering standards in programmes, sponsorship, fairness and privacy.

The single, simplified, code will come into effect on 25 July, unifying the six codes which the regulator inherited from its six predecessors and is required of Ofcom by the 2003 Communications Act.

Amongst the key points of the new code are more creative freedom for broadcasters, with Ofcom stating that the new guidelines provide, for the first time, a clear meaning of “context”, so that broadcasters may air challenging material, even that which may be considered offensive by some, provided it is editorially justified and the audience given appropriate information.

However, the freedom to broadcast such material is, the watchdog warns, limited at pre-watershed times in order to protect young viewers and listeners.

In the area of sponsorship and commercial references, the new code brings significantly deregulated guidelines, and while the ban on product placement remains in place, Ofcom acknowledges the pressure on traditional broadcast advertising as a key source of funding for commercial broadcasters, pledging to consult on a re-think of product placement regulations later in the year.

Elsewhere, the new code’s regulations on broadcasts to the under 18s are more stringent, placing particular emphasis on the protection of children, defined as those under 15, who, Ofcom states, are “too young to exercise fully informed choices for themselves”.

The new code demands “appropriate scheduling” to protect children from unsuitable material, while other means of protection, such as PIN mechanisms, will allow premium subscription film services to broadcast films rated up to a 15 certificate, 24 hours a day.

The new guidelines, Ofcom believes, will extend viewer choice whilst ensuring children are properly protected. However, in the case of adult material with an R18 certificate Ofcom believes that it is appropriate to take a more precautionary approach, with research commissioned by the watchdog indicating that some children are able to access and use their parents’ or carers’ PIN numbers without their knowledge. Therefore, under the new code, R18 rated material is not permitted to be broadcast. However, if future developments enable more secure protection, Ofcom has agreed to review its position.

The new code was designed through extensive research amongst viewers, listeners and broadcasters. The regulator also received more than 900 responses to its public consultation.

New advancements in the industry have also been taken into account by the watchdog, with the rapid expansion of choice in television and radio top of the list, along with the increasing proportion of households with digital and multi-channel television, as well as rising digital radio penetration. Wider developments in social attitudes were also considered, as was evolving technology.

Commenting on the new code, Ofcom chief executive, Stephen Carter, said: “The new Code sets out clear and simple rules which remove unnecessary intervention, extend choice for audiences and allow creative freedom for broadcasters. It also secures the protection of the under 18s – which our research has shown to be an important priority for viewers.”

Richard Hooper, Ofcom’s deputy chairman and chairman of the content board, added: “Both broadcasters and audiences told us of the need for clarity and flexibility in how we approach these rules. We believe the new Code meets those requirements.”

Ofcom: 020 7981 3040 www.ofcom.org.uk

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