.png){kind=icon}
Supplementary material
OFCOM Guidance to providers of psychic television services, 20 December 2011
OFCOM published new guidance on psychic television services. This guidance is issued by OFCOM under the Broadcast Committee of Advertising Practice (BCAP) Code.
The BCAP rules surrounding the advertising of psychic television services remain unchanged. However, the new guidance is designed to explain the intention behind the rules and aid broadcasters compliance with them.
The BCAP Code also contains explicit prohibitions in Rule 15.5.3 regarding specific material in psychic PTV advertising content. Such material must not:
- include claims for efficacy or accuracy – this covers both explicit and implicit claims made by presenters/psychics and the broadcast of viewer testimonials or endorsing comments (see “Use of testimonials” below) i.e. any reference that implies psychic content is anything but entertainment;
- predict negative experiences or specific events – the latter including births, deaths, marriages or new jobs;
- offer life-changing advice directed at individuals, including advice related to health (including pregnancy) or financial situation. Life-changing advice includes direct advice for individuals upon which they could reasonably act or rely. OFCOM has published a finding that illustrates its interpretation of life-changing advice;
- appeal to children - this is rarely an area of concern for this sector, however broadcasters are directed to Section 5: Children, and Section 32: Scheduling, in the BCAP Code, for further guidance; and
- encourage excessive use.
OFCOM stressed that it is vital to remember that this rule allows psychic PTV advertising content to be presented only as entertainment. To be clear, it is not sufficient to rely only on on-screen text to fulfil this requirement of Rule 15.5.3. The advertising as a whole must reflect this principle. The Code therefore does not permit the advertising of psychic services on any other basis: psychic readings cannot stray beyond the carefully circumscribed area of entertainment and should never be presented as reliable, substantiated or offering anything other than a form of entertainment.
With this in mind OFCOM stressed that the intention behind the rules in BCAP Section 15 is to protect those viewers who are vulnerable, for example because of sickness or bereavement and more generally to prevent potentially harmful advertising from exploiting the audience, for example financially. (See also Rule 15.12)
For full text of OFCOM guidance follow weblink:
OFCOM Guidance to radio broadcasters on use of offensive language – 20 December 2011
OFCOM has published new guidance for radio broadcasters on the use of offensive language. The OFCOM Broadcasting Code rules on the use of offensive language on radio remain unchanged. However, the new guidance is designed to explain these rules in more detail and assist radio broadcasters in their compliance with them. Particular focus is given to:
- lyrics in music tracks;
- live music performances/interviews/studio conversation; and
- speech and comedy content.
To read the full guidance follow weblink:
OFCOM – BBC RELATIONSHIP, 1 December 2011
When the BBC Trust is considering whether the BBC should introduce a new service or discontinue an existing service it is required by the BBC Charter and Agreement (see Clauses 23-29 of Agreement) to carry out a ‘public value test’ and in doing this the BBC Trust and Ofcom have agreed to expand their relationship, to draw on Ofcom’s understanding of the wider communications sector, when the Trust conducts “significance tests” on BBC proposals. In particular, when the Trust undertakes a significance test on a BBC Executive proposal, it may invite OFCOM to provide its view on the potential “impact on others”, including providers or potential providers of alternative products and services.
See paragraph 1 of MOU:
“In July 2011 the Trust made a commitment to expand its relationship with OFCOM to take full advantage of OFCOM’s understanding of the wider communications sector and, in particular, to invite OFCOM to provide its view of the ‘impact on others’ (i.e. such as providers or potential providers of alternative products and services) of a proposal to inform the Trust’s decision in respect of its significance test, and in particular, the Trust’s view of the potential impact on others.”
For the full text of the extended Memorandum of Understanding, follow the weblink:
http://www.bbc.co.uk/bbctrust/assets/files/pdf/about/mou_addition_dec2011.pdf
Freedom of Information – Information held in private e-mail accounts – Information Commissioner’s Office Press Release, 15 December 2011
Allegations have been made that Michael Gove the Secretary of State for Education and some of his advisers have been discussing school reform policies using private e-mail accounts to circumvent what is seen as possibly obstructive civil servants in the Department – in the light of allegations such as these, the Information Commissioner’s Office has issued a statement stating that the FOIA 2000 can apply to such e-mails insofar as they deal with relevant ‘public’ matters – for full text of ICO’s Press Release follow the weblink below:
Data Protection Act 1998 s41 – Extension of Information Commissioner’s powers – Extension of compulsory audit powers to cover National Health Service and local government, December 2011
The Information Commissioner has submitted a case to the Ministry of Justice to extend its assessment notice powers under the Data Protection Act 1998. The document sets out the Information Commissioner’s recommendation to the Secretary of the State that data controllers within the National Health Service (NHS) and local government are designated under section 41A (2)(b) of the Data Protection Act 1998 (the DPA).
Under section 41A the Information Commissioner may serve designated data controllers with a notice (an ‘assessment notice’) imposing specific requirements on the data controller. The ‘assessment notice’ is for the purpose of enabling the Information Commissioner to determine whether the data controller has complied or is complying with the data protection principles. This process is referred to in the Information Commissioner’s Code of Practice1 as a ‘compulsory’ audit.
Government departments are covered by section 41A (2) (b). Other public authorities must be designated by an order made by the Secretary of State.
For the full text of recommendations, go to Current topics index – December 2011 ‘ICO submits business case to extend its assessment notice powers’
http://www.ico.gov.uk/news/current_topics.aspx
Ministry of Justice: Study of media attendance rule changes in family proceedings , 21 January 2010. An evaluation of the impact of changes to rules on media attendance in family courts
New court rules were implemented in April 2009 to provide for media attendance at most family proceedings at all tiers of court except, for the time being, placement and adoption proceedings. Six months on, we [the Ministry of Justice] conducted the study to assess the impact of the new rules.
The change to the rules is just one of a number of new measures that aim to build a transparent, accountable family justice system which inspires the confidence of those it serves, while protecting the privacy of the children and families involved.
We [the Ministry of Justice] are committed to making procedures and the principles behind decisions in the family justice system more open and clear to users, and more open to scrutiny from the wider public.
We [the Ministry of Justice] have consulted twice in recent years on improving the openness of family courts. The government's response paper 'Family Justice in View' outlines the way forward in this very sensitive and important area of policy.
A report by the Libel Working Group looking at reforms of the law on libel, 2010
The Libel Working Group was set up by the Justice Secretary in response to concerns about the possible effect of our libel laws on freedom of expression.
The report analyses a number of key areas, in particular:
- - libel tourism
- - the role of public interest considerations in establishing a defence to a libel action
- - the rule about multiple publication with particular reference to the internet
- - procedural and case management issues relating to the conduct of libel litigation.
The report gives an indication of the range of views that exist on these and identifies options for action.
Freedom of Information Executive Override Policy, 2011
Guidelines Issued by Ministry of Justice as to when a Minister will use veto power under s53 FOIA to override a decision of the Information Tribunal or Information Commissioner ordering disclosure of a document under s35 FOIA 2000 (disclosure of ministerial communications) – the policy indicates such a veto should only be used in ‘exceptional circumstances’ and after a collective decision of the Cabinet.
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/217352/foi-veto-policy.pdf
House of Lords select committee on communications: strictly fair play? An examination of complaints system operated by BBC, 2011
The convoluted and overly complicated complaints process at the BBC must be improved, say the Lords Communications Committee in a report published on Wednesday 29 June 2011. The Committee has conducted an inquiry into the governance and regulation of the BBC, and have identified a number of areas of governance that the BBC needs to upgrade.
House of Lords select committee on future of investigative journalism, July 2011
What does the future of investigative journalism look like?
The House of Lords Communications Committee has launched its new inquiry into the future of investigative journalism this week. Economic and technological changes in the media sector in recent years, and the extent to which investigative journalism has been thrown into the spotlight recently, mean that now is an appropriate time to consider the future of journalism in a difficult media environment.
Investigative journalism is vital for a healthy democracy. However, traditional business models for delivering this content are under threat from declining newspaper readership, migration of print advertising to online and fragmenting TV audiences. These trends – coupled with the events of the last few weeks - raise urgent questions about the potential to harness the power of new technologies to complement traditional media in ensuring the continuation of a strong journalistic culture.
The Committee will consider “citizen journalism” and participatory journalism, which have emerged with the rise of social media, and will look at what role these elements might play in the future of investigative journalism.
Regulation of Video On Demand Services Under Communications Act 2003 (as amended)
Co-regulatory system OFCOM designates Advertising Standards Authority and Association for Television-On-Demand Services (now known as The Authority for Television and Video On Demand ‘ATVOD’) as first tier regulators subject to overriding statutory jurisdiction of OCCOM.
Designation of ASA under s368B Communications Act 2003
http://stakeholders.ofcom.org.uk/binaries/broadcast/tv-ops/asa.pdf
Designation of Association for Television-On-Demand (ATVOD) under s368B Communications Act 2003
http://stakeholders.ofcom.org.uk/binaries/broadcast/tv-ops/designation180310.pdf
The Family Courts: Media Access and Reporting by Wolanksi and Wilson, July 2011
There is no more difficult issue in family justice than the reporting of cases. There is a tension between concerns about ‘secret justice’ and legitimate expectations of privacy and confidentiality for the family. Both standpoints are valid, and the question is whether they are irreconcilable. This report seeks to state the current position and is being used as part of discussions about further reforms that may be necessary. It is published under the auspices of the Judiciary of England and Wales:
http://www.judiciary.gov.uk/publications-and-reports/guidance/family-courts-media-access-reporting
Text of report itself:
http://www.judiciary.gov.uk/Resources/JCO/Documents/Guidance/family-courts-media-july2011.pdf
Advertising Standards Authority Codes
www.asa.org.uk/asa/codes/ on Broadcast and non-Broadcast Advertising. They are available to read online or to download in PDF format.
Radio Advertising Standard Code
Online version: www.asa.org.uk/asa/codes/radio_code/
PDF version: www.asa.org.uk/NR/rdonlyres/41D3786B-1B9A-4C6A-B2E9-09C6C5EB928C/0/BCAP_Radio_Advertising_Standards_Code_20060703.pdf
Non-broadcast Advertising Codes
Online version:www.asa.org.uk/asa/codes/cap_code/
PDF version: www.asa.org.uk/NR/rdonlyres/A44808F1-1573-482A-A0E5-D8045943DA57/0/The_CAP_Code_Ed11_20060703.pdf
Sensitive Reporting in Coroners Courts, Discussion Paper, Ministry of Justice, 2008
In 2007 the Government dropped what was then cl.30 of the Draft Coroners Bill which entitled coroners to impose reporting restrictions where there was no public interest in reporting events which might cause great distress to relatives, particularly where children were involved. The dropping followed intense media pressure – the Discussion Paper proposes changes to the Industry self-regulatory Press Complaints Commission Code: in effect requesting the media to act in a more restrained and sensitive manner in their reporting.
www.justice.gov.uk/docs/sensitive-reporting-coroners.pdf
Video Games Classification: a consultation, Department of Media Culture & Sport, 31 July 2008
The DCMS has published proposals in relation to the classification of video games and examines the current mixture of statutory and self-regulation systems both in the UK and the EU – the statutory system under the Video Recordings Act 1984 is operated by the British Board of Film Classification. The document proposes four options for possible adoption.
www.culture.gov.uk/reference_library/consultations/5345.aspx
Public Consultation on Implementing the EU Audiovisual Media Services Directive, Department of Media Culture and Sport, 25 July 2008
The Department of Culture, Media and Sport has published the first consultation document of the revisions to the Broadcasting Directives 1989 & 1997 by the EU Audiovisual Media Services Directive (a consolidated version of all three directives is in the 2nd edition of the statute book). The Consultation Document focuses on three areas of implementation: firstly the concept of co-regulating video-on-demand services (so-called non-linear services which are brought within the scope of EU broadcasting regulation for the first time) - co-regulation is basically first tier industry self-regulation overseen with backstop powers by a statutory body (a UK example is the co-regulation of television and radio advertising by the self-regulatory Advertising Standards Authority and the OFCOM); secondly whether the UK should take up the option of allowing greater use of product placement (UK Government initially hostile to the notion); and thirdly the regulation of channels from outside the UK which uplink from the UK.
www.culture.gov.uk/reference_library/consultations/5309.aspx
Implementation of the Audiovisual Media Services Directive
The Department of Culture, Media and Sport has issued a number of consultation documents on how the UK will implement the new Directive which will amend the Broadcasting Directives 1989 & 1997 (‘Television Without Frontiers’ Directives) and which the UK has to implement by 19 December 2009 – the consolidated Directives aim to create an internal single market in television and internet broadcasting in the European Union – the various consultation papers can be accessed on the DCMS website:
www.culture.gov.uk/reference_library/consultations/5309.aspx
Reform of Television Advertising and Introduction of Product Placement in UK
The new AVMSD provides for liberalization of the rules on advertising and their extension to internet broadcasting services and also the optional possibility of permitting product placement in certain categories of programmes, which is currently prohibited under UK broadcasting – OFCOM have published two consultation documents on the topic:
www.ofcom.org.uk/consult/condocs/rada/ &
www.ofcom.org.uk/consult/condocs/rada08/
Council of Europe Transfrontier Television Convention (TTF)
The Council of Europe has published a Preliminary Consultation Document which seeks to align the current version of the TTV with the European Union’s Audiovisual Services Media Directive – the document can be accessed on the DCMS website:
www.culture.gov.uk/reference_library/consultations/5489.aspx
This will have important implications for those countries in the Council of Europe but not in EU such as Ukraine, Russia, and Serbia etc.
Open Justice in the Family Courts
The Ministry of Justice has published a second consultation paper – ‘Family Justice in View’which considers responses to the first paper on the topic and how to carry forward ideas to open up the family courts to greater public scrutiny but also, particularly in the case of children, to ensure suitable protection for the privacy of often vulnerable parties – the consultation document and responses from interested parties can be accessed on
www.justice.gov.uk/publications/cp1007.htm
Data Protection
Following several highly publicized scandals by public authorities such as the Inland Revenue in losing subject data information a variety of proposals have been to strengthen the powers of the Information Commissioner who is also the Data Protection Commissioner and oversees the operation of the Data Protection Act 1998. The Ministry of Justice has published a Consultation Document and the Responses to it in relation to the ‘Inspection Powers and Funding Arrangements for the Information Commissioner’ which can be accessed on:
www.justice.gov.uk/publications/cp1508.htm
Section 368B Communications Act 2003: Regulation of Television on Demand
OFCOM adopts co-regulation of on-demand television under new Audiovisual Media Services Directive powers.
OFCOM, adopting a similar co-regulatory model to that used with the Advertising Standards Authority in relation to broadcast advertising, has designated the Association for Television On-Demand to carry out some of the supervisory functions in regulating web-based television services which as non-linear services are now within the scope of the ‘Television Without Frontiers’ EU regime. The delegated function are set out in paragraph 5 of the designation and as with broadcast advertising regulation OFCOM can use back-up statutory enforcement powers if providers do not comply with decisions and directions issues by ATVOD.
www.ofcom.org.uk/tv/ifi/vod/designation180310.pdf
Section 264 Communications Act 2003: Public Sector Broadcast Requirements varied for Channel 4
OFCOM has the power under s264 Communications Act 2003 to vary the public service broadcasting obligations of PSBR channels such as Channel 4. In this case variations have been made in relation to the Channel’s quota of time allocated to schools programmes. This has been reduced reflecting that an amount of material has been placed on-line by the Channel so there is less need for broadcast programmes for schools