'Simpler, less intrusive' Ofcom code stresses freedom of expression

Ofcom has published its proposed new programme and sponsorship code for broadcasters.
The draft code will replace the codes inherited from Ofcom's broadcast regulator predecessors, the Broadcasting Standards Commission, the Independent Television Commission and the Radio Authority.
The draft document marks a departure from previous codes in a number of areas: the Ofcom code has been entirely rewritten to incorporate the approaches to radio and television content regulation set out in the Communications Act 2003; the code presents a unified set of rules across both radio and television, with distinctions between media made only where absolutely necessary; the document is significantly shorter than the codes it replaces, offering broadcasters a simpler and clearer rulebook; and the new Code is underpinned by the evidence from recent Ofcom audience research, notably the survey of 6,000 television viewer households undertaken as part of Ofcom's Public Service Broadcasting Review.
The draft code lays greater emphasis on rules to safeguard the young, and in particular children, defined as the under-15s. This section contains many of the rules which were previously applied to all channels, regardless of whether or not they were aimed at a younger audience. This approach is supported by the outcome of research for the Public Service Broadcasting Review; 85% of adults surveyed believe the protection of minors should be a priority for Ofcom.
Section 3 of the Communications Act states that Ofcom should set standards on harm and offence in a way which best guarantees freedom of expression. Ofcom believes this can be best achieved through a less intrusive regulatory approach to material intended for adult audiences. Broadcasters will instead be expected to exercise greater responsibility for ensuring adult viewers and listeners are informed about the contents of programmes.
Under the proposed new rules, Ofcom will be able to place greater emphasis on the context of a programme when considering matters of alleged harm or offence. Factors to be considered would include audience expectation, the type of programme, the channel upon which it is broadcast and the time of broadcast.
While the principle of editorial independence and commercial transparency remains paramount, the rules to achieve this have been reduced to the minimum necessary, with the broadcasters given greater freedom to operate within clearly defined limits.
(GB)