By Elliot Jones

MEDIA REGULATIONS

• Under 18s must be protected from potentially harmful and offensive material. They can do this by the times they choose to put each programme on at.

• The time where they are allowed to use content not suitable for children is after 9.00PM. Before 9.00PM and after 5.30AM the content should be suitable for children. Once reached 9.00PM the content should not have a dramatic change, there should be a gradual transition between them. The more adult the content in the programme, the later it should be on.

• Viewers should be clearly shown and reminded of any potentially harmful or offensive material so they can decide themselves about what they and their children watch

• Programmes including exorcism, the occult and the paranormal will require careful handling.

OFCOM BROADCASTING CODE

• Potentially harmful or offensive material includes strong language, violence, sexual behaviour.

• It is the job of the makers and broadcasters to make sure the audience is not misled by the programme.

• Programmes should not make violence look good, especially where it may be likely to cause such behaviour.

• Any discriminatory language e.g. age, disability, gender, race, religion, beliefs and sexuality must have a reason by context.

• Programs should show respect to people in distress and in sensitive situations, also in entertainment careful consideration must be given to humour based on the subject.

OFCOM BROADCASTING CODE

• Viewers are to be told to expect that programmes are accurate and true and the audience must not be misled.

• This applies to all programme genres, including entertainment programmes with factual elements. Showing real events, whether in factual entertainment, documentary, features drama or any other programme, which the viewer must respect truth and accuracy.

TRUTH & ACCURACY

• Reconstructions must be accurate and right.• If viewers may be misled by the reconstruction, they

should be labelled as the above to avoid such confusion.• If there may be a risk of causing upset or distress by

reconstructing actual events, audiences who may be affected should be informed.

RECONSTRUCTIONS

● People must not be filmed or recorded secretly for a part in a programme unless approved by the broadcaster beforehand.

● Programme-makers must show in writing their justification for covert filming/recording. It must be inline with the provisions of Section 8.13 of the Code.

● Before any secret filming is done, there are detailed rules you must follow. See Channel 4’s and Five’s internal compliance procedures and rules.

SECRET FILMING

● Never make payments to sources or contributors without reference and the approval of the broadcaster. This doesn’t include out-of-pocket expenses e.g. To pay for meals or taxis etc.

● You have to get advice from the programme lawyer before promising to make payment to a convicted criminal.

● You must not make any payment/promise to make any payment to witness’s or defendant’s involved in any kind of legal proceedings, without the consent of the editor and programme lawyer. Where criminal proceedings are likely and foreseeable, again never pay or promise to pay a potential witnesses without first consulting with your commissioning editor and taking advice from the programme lawyer.

PAYMENTS

• If your adverts are for contributors, you should word them approvingly

by the commissioning editor and programme lawyer.• Consent should be in a signed release form, although consent on

camera may be satisfactory.• Anything ‘set-up’ must be justified by the public and this must be

agreed in advance by the broadcaster, unless it’s intended to seek consent of those filmed before showing.

• Any approach to seek a response in relation to significant accusations or criticisms must be approved in advance by the programme lawyer.

• Any conditions put on interviews by contributors must be agreed by programme lawyers before programme-makers accept. Programme-makers can’t agree to give contributors previews of programmes without the consent of the commissioning editor.

CONTEMPT DEALING WITH CONTRIBUTORS

• Any attempt to seek an interview without arrangement �beforehand i.e. a ’doorstep’, must be approved by the � �programme lawyer in advance.

• Programme-makers must comply on the rules with �payments.

• Interviews must be moderately edited.�• Individuals in anguish should not be put under pressure

to agree to be interviewed or otherwise take part in a programme.

• If filming with the police or other authorities, seek advice �from the programme lawyer.

• If a source seeks an absolute guarantee of anonymity seek immediate advice from your programme lawyer.

CONTEMPT DEALING WITH CONTRIBUTORS

● Due care must be taken note of the physical and emotional well-being and the reputation of people under 18 years old, and who are involved in programmes leading too unnecessary distress or anxiety must

not be caused.

● Parental consent will be required for individuals under 16 appearing in programmes, unless their contribution is minor and uncontroversial, or it is warranted to proceed without such consent.

● Similar considerations must be had with regard to ‘vulnerable adults’ i.e. those unable to give informed consent e.g. because of mental disorder.

PEOPLE UNDER 18

● We must avoid the unfair treatment of individuals or organisations in programmes.

● If the programme you are making involves criticising or making any damaging allegation about any living individual or organisation, seek advice from your programme lawyer.

● Any significant infringement of privacy of an individual or organisation, in the making or broadcast of a programme, must be warranted by the public interest.

FAIRNESS AND PRIVACY

• Programmes involving criminals or about criminality �require special care and are likely to be legally contentious.

PRIVACY CRIMINALITY

● Programmes dealing with matters of political or industrial controversy or matters relating to current public policy should be duly impartial.

ACTIVITY IM-PARTIALITY

● Material with the potential to cause offence e.g. strong language, violence, sexual violence, explicit sexual portrayal etc. must always be justifiable by the context. Advice should be sought from

the legal & compliance department at an early stage.

● The commissioning editor, on the advice of the programme lawyer, will ensure that an on-air warning is given to viewers, where appropriate.

POTENTIALLY OFFENSIVE MATERIAL

• Programmes should not give undue prominence to commercial products or services.

• Product placement is prohibited.�• Where programmes contain viewer competitions and/or

premium rate telephone lines for viewers to call, seek advice from the programme lawyer.

• Sponsored programmes must not contain promotional references to the sponsor, its activities or products or services.

• Advertisements or clips from advertisements used within �programmes will require strong editorial justification. Always seek advice from your programme lawyer

COMMERCIAL REFERENCE

• If the programme you are making involves criticising or making any damaging allegation about any living individual or organisation, seek advice from your programme lawyer immediately.

• �Fairness Contempt If your programme involves or makes reference to any active or current legal proceedings, particularly criminal legal proceedings or those involving children, seek advice from your programme lawyer immediately.

• �Privacy and Confidence if your programme may contain private or confidential information without the consent of the person or organisation to which it relates seek advice from your programme lawyer immediately .

DEFAMATION

• Under the process of ‘disclosure’, journalists’ notes, emails, letters, all correspondence etc. are ‘disclosable’ in legal proceedings i.e. copies may be provided to the other party, so think carefully about how they are written. Rushes are also ‘disclosable’ so be careful about presenter/reporter comments before and after filmed sequences,

which could be misinterpreted.

● Documents written for the dominant purpose of receiving legal advice should be headed “Privileged”, as they will be subject to legal professional privilege. This means they are exempt from disclosure i.e. the other party to the litigation will not be provided with a copy.

● Journalists, when working on sensitive or legally contentious programmes, should carry documentation identifying them at all times unless it would inappropriate or dangerous to do so.

BEST PRACTISE

• Filming abroad may give rise to special legal and health and safety issues, especially if it involves undercover filming. All such filming must be approved by the commissioning editor and programme lawyer in advance. In addition, if filming for Channel 4 is to take place in a potentially ‘hostile’ country or environment, programme-makers must read and comply with the Channel 4’s Hostile Environment Protocol at Appendix 7D.

TRAVELING ABROAD

In Nick Broomfield’s Aileen Documentary, the way in which viewers were protected from potentially harmful and offensive material is by incorporating an age rating, the project managers decided a 16A rating would be suitable with the content involved. Another way they protected viewers was to include and justify the content editorially, for example if it could be potentially harmful or offensive, use strong language, violence, or have involvement of sexual behaviour, delivering a warning means the viewers are giving informed consent and fully understand what is involved. Also all information dispensed was factual based, its the responsibility of the programme to ensue that viewers are not misled. Another factor was that the documentary did not condone or justify the violence for sawn, as this could lead to others copying such behaviour as they believed their actions are justified. In addition the programme shows respect for people in distress and sensitive situations, this is shown and justified editorially.

AILEEN

In my paranormal documentary I am going to be sticking to Media Regulations firstly by; Informing the viewers that the documentary will be unsuitable for kids. I will do this by having showings of it after 9.30pm and before 5.30am, this is because the content is not suitable for younger ages because children of a younger age will not understand and may find it upsetting. Other things I need to watch out for whilst filming is that the audience are not misled by the programme, this means what I am saying or filming must be true, and to my word, unless stated otherwise. If I make any reconstructions of something happening, they must be accurate and right. If there is a chance they may be, it should be stated. My program should show respect to people in distress and in sensitive situations, also I’ve got to be careful and give consideration to humour based on the subject, as people can take great offense. Programmes including exorcism, the occult and the paranormal will require careful handling.

MY DOCUMENTARY