CATS

Section Eight: Privacy

Principle

To ensure that broadcasters avoid any unwarranted infringement of privacy in programmes and in connection with obtaining material included in programmes.

Rule

8.1 Any infringement of privacy in programmes, or in connection with obtaining material included in programmes, must be warranted.

Meaning of “warranted”: In this section “warranted” has a particular meaning. It means that where broadcasters wish to justify an infringement of privacy as warranted, they should be able to demonstrate why in the particular circumstances of the case, it is warranted. If the reason is that it is in the public interest, then the broadcaster should be able to demonstrate that the public interest outweighs the right to privacy. Examples of public interest would include revealing or detecting crime, protecting public health or safety, exposing misleading claims made by individuals or organisations or disclosing incompetence that affects the public.

Practices to be followed (8.2 to 8.22)

Private lives, public places and legitimate expectation of privacy

Meaning of “legitimate expectation of privacy”: Legitimate expectations of privacy will vary according to the place and nature of the information, activity or condition in question, the extent to which it is in the public domain (if at all) and whether the individual concerned is already in the public eye. There may be circumstances where people can reasonably expect privacy even in a public place. Some activities and conditions may be of such a private nature that filming or recording, even in a public place, could involve an infringement of privacy. People under investigation or in the public eye, and their immediate family and friends, retain the right to a private life, although private behaviour can raise issues of legitimate public interest.

8.2 Information which discloses the location of a person’s home or family should not be revealed without permission, unless it is warranted.

8.3 When people are caught up in events which are covered by the news they still have a right to privacy in both the making and the broadcast of a programme, unless it is warranted to infringe it. This applies both to the time when these events are taking place and to any later programmes that revisit those events.

8.4 Broadcasters should ensure that words, images or actions filmed or recorded in, or broadcast from, a public place, are not so private that prior consent is required before broadcast from the individual or organisation concerned, unless broadcasting without their consent is warranted. Consent

8.5 Any infringement of privacy in the making of a programme should be with the person’s and/or organisation’s consent or be otherwise warranted.

8.6 If the broadcast of a programme would infringe the privacy of a person or organisation, consent should be obtained before the relevant material is broadcast, unless the infringement of privacy is warranted. (Callers to phone-in shows are deemed to have given consent to the broadcast of their contribution.)

8.7 If an individual or organisation’s privacy is being infringed, and they ask that the filming, recording or live broadcast be stopped, the broadcaster should do so, unless it is warranted to continue.

8.8 When filming or recording in institutions, organisations or other agencies, permission should be obtained from the relevant authority or management, unless it is warranted to film or record without permission. Individual consent of employees or others whose appearance is incidental or where they are essentially anonymous members of the general public will not normally be required.

 

However, in potentially sensitive places such as ambulances, hospitals, schools, prisons or police stations, separate consent should normally be obtained before filming or recording and for broadcast from those in sensitive situations (unless not obtaining consent is warranted). If the individual will not be identifiable in the programme then separate consent for broadcast will not be required. Gathering information, sound or images and the re-use of material

8.9 The means of obtaining material must be proportionate in all the circumstances and in particular to the subject matter of the programme.

8.10 Broadcasters should ensure that the re-use of material, i.e. use of material originally filmed or recorded for one purpose and then used in a programme for another purpose or used in a later or different programme, does not create an unwarranted infringement of privacy. This applies both to material obtained from others and the broadcaster’s own material.

8.11 Doorstepping for factual programmes should not take place unless a request for an interview has been refused or it has not been possible to request an interview, or there is good reason to believe that an investigation will be frustrated if the subject is approached openly, and it is warranted to doorstep. However, normally broadcasters may, without prior warning interview, film or record people in the news when in public places. (See “practice to be followed” 8.15.)

Meaning of “doorstepping”: Doorstepping is the filming or recording of an interview or attempted interview with someone, or announcing that a call is being filmed or recorded for broadcast purposes, without any prior warning. It does not, however, include vox-pops (sampling the views of random members of the public).

 

8.12 Broadcasters can record telephone calls between the broadcaster and the other party if they have, from the outset of the call, identified themselves, explained the purpose of the call and that the call is being recorded for possible broadcast (if that is the case) unless it is warranted not to do one or more of these practices. If at a later stage it becomes clear that a call that has been recorded will be broadcast (but this was not explained to the other party at the time of the call) then the broadcaster must obtain consent before broadcast from the other party, unless it is warranted not to do so. (See “practices to be followed” 7.14 and 8.13 to 8.15.)

8.13 Surreptitious filming or recording should only be used where it is warranted. Normally, it will only be warranted if: • there is prima facie evidence of a story in the public interest; and • there are reasonable grounds to suspect that further material evidence could be obtained; and • it is necessary to the credibility and authenticity of the programme. (See “practices to be followed” 7.14, 8.12, 8.14 and 8.15.)

Meaning of “surreptitious filming or recording”: Surreptitious filming or recording includes the use of long lenses or recording devices, as well as leaving an unattended camera or recording device on private property without the full and informed consent of the occupiers or their agent. It may also include recording telephone conversations without the knowledge of the other party, or deliberately continuing a recording when the other party thinks that it has come to an end. 8.14 Material gained by surreptitious filming and recording should only be broadcast when it is warranted.

8.15 Surreptitious filming or recording, doorstepping or recorded ‘wind-up’ calls to obtain material for entertainment purposes may be warranted if it is intrinsic to the entertainment and does not amount to a significant infringement of privacy such as to cause significant annoyance, distress or embarrassment. The resulting material should not be broadcast without the consent of those involved. However if the individual and/or organisation is not identifiable in the programme then consent for broadcast will not be required. (See “practices to be followed” 7.14 and 8.11 to 8.14.)

Suffering and distress

8.16 Broadcasters should not take or broadcast footage or audio of people caught up in emergencies, victims of accidents or those suffering a personal tragedy, even in a public place, where that results in an infringement of privacy, unless it is warranted or the people concerned have given consent.

8.17 People in a state of distress should not be put under pressure to take part in a programme or provide interviews, unless it is warranted.

8.18 Broadcasters should take care not to reveal the identity of a person who has died or of victims of accidents or violent crimes, unless and until it is clear that the next of kin have been informed of the event or unless it is warranted.

8.19 Broadcasters should try to reduce the potential distress to victims and/or relatives when making or broadcasting programmes intended to examine past events that involve trauma to individuals (including crime) unless it is warranted to do otherwise. This applies to dramatic reconstructions and factual dramas, as well as factual programmes. • In particular, so far as is reasonably practicable, surviving victims and/or the immediate families of those whose experience is to feature in a programme, should be informed of the plans for the programme and its intended broadcast, even if the events or material to be broadcast have been in the public domain in the past.

People under sixteen and vulnerable people

8.20 Broadcasters should pay particular attention to the privacy of people under sixteen. They do not lose their rights to privacy because, for example, of the fame or notoriety of their parents or because of events in their schools.

8.21 Where a programme features an individual under sixteen or a vulnerable person in a way that infringes privacy, consent must be obtained from:

• a parent, guardian or other person of eighteen or over in loco parentis; and

• wherever possible, the individual concerned;

• unless the subject matter is trivial or uncontroversial and the participation minor, or it is warranted to proceed without consent.

\8.22 Persons under sixteen and vulnerable people should not be questioned about private matters without the consent of a parent, guardian or other person of eighteen or over in loco parentis (in the case of persons under sixteen), or a person with primary responsibility for their care (in the case of a vulnerable person), unless it is warranted to proceed without consent.

Meaning of “vulnerable people”: This varies, but may include those with learning difficulties, those with mental health problems, the bereaved, people with brain damage or forms of dementia, people who have been traumatised or who are sick or terminally ill.

 

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Section Seven: Fairness

Principle

To ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes.

Rule

7.1 Broadcasters must avoid unjust or unfair treatment of individuals or organisations in programmes.

Practices to be followed (7.2 to 7.14 below)

Dealing fairly with contributors and obtaining informed consent

2. Broadcasters and programme makers should normally be fair in their dealings with potential contributors to programmes unless, exceptionally, it is justified to do otherwise.

3. Where a person is invited to make a contribution to a programme (except when the subject matter is trivial or their participation minor) they should normally, at an appropriate stage:

• be told the nature and purpose of the programme, what the programme is about and be given a clear explanation of why they were asked to contribute and when (if known) and where it is likely to be first broadcast;

• be told what kind of contribution they are expected to make, for example live, pre-recorded, interview, discussion, edited, unedited, etc.;

• be informed about the areas of questioning and, wherever possible, the nature of other likely contributions;

• be made aware of any significant changes to the programme as it develops which might reasonably affect their original consent to participate, and which might cause material unfairness;

• be told the nature of their contractual rights and obligations and those of the programme maker and broadcaster in relation to their contribution; and

• be given clear information, if offered an opportunity to preview the programme, about whether they will be able to effect any changes to it. Taking these measures is likely to result in the consent that is given being ‘informed consent’ (referred to in this section and the rest of the Code as “consent”). It may be fair to withhold all or some of this information where it is justified in the public interest or under other provisions of this section of the Code.

4. If a contributor is under sixteen, consent should normally be obtained from a parent or guardian, or other person of eighteen or over in loco parentis. In particular, persons under sixteen should not be asked for views on matters likely to be beyond their capacity to answer properly without such consent.

5. In the case of persons over sixteen who are not in a position to give consent, a person of eighteen or over with primary responsibility for their care should normally give it on their behalf. In particular, persons not in a position to give consent should not be asked for views on matters likely to be beyond their capacity to answer properly without such consent.

6. When a programme is edited, contributions should be represented fairly.

7. Guarantees given to contributors, for example relating to the content of a programme, confidentiality or anonymity, should normally be honoured.

8.  Broadcasters should ensure that the re-use of material, i.e. use of material originally filmed or recorded for one purpose and then used in a programme for another purpose or used in a later or different programme, does not create unfairness. This applies both to material obtained from others and the broadcaster’s own material.

Opportunity to contribute and proper consideration of facts

9. Before broadcasting a factual programme, including programmes examining past events, broadcasters should take reasonable care to satisfy themselves that:

• material facts have not been presented, disregarded or omitted in a way that is unfair to an individual or organisation; and

• anyone whose omission could be unfair to an individual or organisation has been offered an opportunity to contribute.

10. Programmes – such as dramas and factually-based dramas – should not portray facts, events, individuals or organisations in a way which is unfair to an individual or organisation.

11. If a programme alleges wrongdoing or incompetence or makes other significant allegations, those concerned should normally be given an appropriate and timely opportunity to respond.

12. Where a person approached to contribute to a programme chooses to make no comment or refuses to appear in a broadcast, the broadcast should make clear that the individual concerned has chosen not to appear and should give their explanation if it would be unfair not to do so.

13. Where it is appropriate to represent the views of a person or organisation that is not participating in the programme, this must be done in a fair manner.

Deception, set-ups and ‘wind-up’ calls

14. Broadcasters or programme makers should not normally obtain or seek information, audio, pictures or an agreement to contribute through misrepresentation or deception. (Deception includes surreptitious filming or recording.) However:

• it may be warranted to use material obtained through misrepresentation or deception without consent if it is in the public interest and cannot reasonably be obtained by other means;

• where there is no adequate public interest justification, for example some unsolicited wind-up calls or entertainment set-ups, consent should be obtained from the individual and/or organisation concerned before the material is broadcast;

• if the individual and/or organisation is/are not identifiable in the programme then consent for broadcast will not be required;

• material involving celebrities and those in the public eye can be used without consent for broadcast, but it should not be used without a public interest justification if it is likely to result in unjustified public ridicule or personal distress. (Normally, therefore such contributions should be pre-recorded.)

Section Six: Elections and Referendums

Principle

To ensure that the special impartiality requirements in the Communications Act 2003 and other legislation relating to broadcasting on elections and referendums, are applied at the time of elections and referendums

Rules Programmes at the time of elections and referendums 6.1 The rules in Section Five, in particular the rules relating to matters of major political or industrial controversy and major matters relating to current public policy, apply to the coverage of elections and referendums. Programmes at the time of elections and referendums in the UK The remainder of this section only applies during the actual election or referendum period which is defined below.

Meaning of “election”: For the purpose of this section elections include a parliamentary general election, parliamentary by-election, local government election, mayoral election, Police and Crime Commissioner election, Scottish Parliament election, Welsh, Northern Ireland and London Assembly elections, and European parliamentary election.

Meaning of “referendum”: For the purpose of this section a referendum is a statutory referendum (to which the Political Parties, Elections and Referendums Act 2000 (“PPERA”) applies or to which section 127 of PPERA is applied) which includes a UK-wide, national or regional referendum held under the provisions of an Act of the UK Parliament or the Scottish Parliament, but does not extend to a local referendum.

6.2 Due weight must be given to the coverage of parties and independent candidates during the election period. In determining the appropriate level of coverage to be given to parties and independent candidates broadcasters must take into account evidence of past electoral support and/or current support. Broadcasters must also consider giving appropriate coverage to parties and independent candidates with significant views and perspectives.

Meaning of “election period”: For a parliamentary general election, this period begins with the dissolution of Parliament. For a parliamentary by-election, this period begins with the issuing of a writ or on such earlier date as is notified in the London Gazette. For the Scottish Parliament elections and National Assembly for Wales elections, the period begins with the dissolution of the Scottish Parliament or the National Assembly for Wales as appropriate or, in the case of a by-election, with the date of the occurrence of a vacancy. For the Northern Ireland Assembly, the London Assembly and for local government elections, it is the last date for publication of notices of the election. For European parliamentary elections, it is the last date for publication of the notice of election, which is 25 days before the election. In all cases the period ends with the close of the poll.

Meaning of “candidate”: Candidate has the meaning given to it in section 93 of the Representation of the People Act 1983 (as amended) and means a candidate standing nominated at the election or included in a list of candidates submitted in connection with it. 6.3 Due weight must be given to designated organisations in coverage during the referendum period. Broadcasters must also consider giving appropriate coverage to other permitted participants with significant views and perspectives.

 

3 Due weight must be given to designated organisations in coverage during the referendum period. Broadcasters must also consider giving appropriate coverage to other permitted participants with significant views and perspectives.

Meaning of “designated organisation” and “permitted participants”: Designated organisations and permitted participants are those that are designated by the Electoral Commission. Meaning of “referendum period”: For referendums different periods may apply. A referendum held under the Northern Ireland Act 1998 (as amended) begins when the draft of an Order is laid before Parliament for approval by each House. In the case of a referendum held under other Acts, the time at which a referendum period commences is given in the individual Acts. In the case of an Order before Parliament, the time will be given in that Order. In all cases the period ends with the close of the poll.

4. Discussion and analysis of election and referendum issues must finish when the poll opens. (This refers to the opening of actual polling stations. This rule does not apply to any poll conducted entirely by post.) BBC ODPS are not required to remove archive content for the period when the polls are open .

5.  Broadcasters may not publish the results of any opinion poll on polling day itself until the election or referendum poll closes. (For European Parliamentary elections, this applies until all polls throughout the European Union have closed.)

6 Candidates in UK elections, and representatives of permitted participants in UK referendums, must not act as news presenters, interviewers or presenters of any type of programme during the election period. BBC ODPS are not required to remove archive content for the election or referendum period.

7.  Appearances by candidates (in UK elections) or representatives (of permitted participants in UK referendums) in non-political programmes that were planned or scheduled before the election or referendum period may continue, but no new appearances should be arranged and broadcast during the period. BBC ODPS are not required to remove archive content for the election or referendum period.

Constituency coverage and electoral area coverage in elections

(Rules 6.8 to 6.12 will only apply to S4C and/or the BBC if the relevant broadcaster has adopted them under the RPA as its Code of Practice.)

8. Due impartiality must be strictly maintained in a constituency report or discussion and in an electoral area report or discussion.

Meaning of “electoral area”: Electoral area (for example electoral division, borough ward or other area) is the local government equivalent to the parliamentary term “constituency”.

9 If a candidate takes part in an item about his/her particular constituency, or electoral area, then broadcasters must offer the opportunity to take part in such items to all candidates within the constituency or electoral area representing parties with previous significant electoral support or where there is evidence of significant current support. This also applies to independent candidates. However, if a candidate refuses or is unable to participate, the item may nevertheless go ahead.

.10 Any constituency or electoral area report or discussion after the close of nominations must include a list of all candidates standing, giving first names, surnames and the name of the party they represent or, if they are standing independently, the fact that they are an independent candidate. This must be conveyed in sound and/or vision. Where a constituency report on a radio service is repeated on several occasions in the same day, the full list need only be broadcast on one occasion. If, in subsequent repeats on that day, the constituency report does not give the full list of candidates, the audience should be directed to an appropriate website or other information source listing all candidates and giving the information set out above.

11. Where a candidate is taking part in a programme on any matter, after the election has been called, s/he must not be given the opportunity to make constituency points, or electoral area points about the constituency or electoral area in which s/he is standing, when no other candidates will be given a similar opportunity.

12. If coverage is given to wider election regions, for example in elections to the Scottish Parliament, Welsh Assembly, Northern Ireland Assembly, London Assembly or European Parliament, then Rules 6.8 to 6.12 apply in offering participation to candidates. In these instances, all parties who have a candidate in the appropriate region should be listed in sound and/or vision, but it is not necessary to list candidates individually. However, any independent candidate who is not standing on a party list must be named. Where a report on a radio service is repeated on several occasions in the same day, the full list need only be broadcast on one occasion. If, in subsequent repeats on that day, the constituency report does not give the full list of candidates, the audience should be directed to an appropriate website or other information source listing all candidates and giving the information set out above

 

Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions

Principles

To ensure that news, in whatever form, is reported with due accuracy and presented with due impartiality. To ensure that the special impartiality requirements of the Act are complied with.

Due impartiality and due accuracy in news

1. News, in whatever form, must be reported with due accuracy and presented with due impartiality.

2. Significant mistakes in news should normally be acknowledged and corrected on air quickly (or, in the case of BBC ODPS, corrected quickly). Corrections should be appropriately scheduled (or, in the case of BBC ODPS, appropriately signaled to viewers).

3. No politician may be used as a newsreader, interviewer or reporter in any news programmes unless, exceptionally, it is editorially justified. In that case, the political allegiance of that person must be made clear to the audience.

Special impartiality requirements: news and other programmes

Matters of political or industrial controversy and matters relating to current public policy

Meaning of “matters of political or industrial controversy and matters relating to current public policy”: Matters of political or industrial controversy are political or industrial issues on which politicians, industry and/or the media are in debate. Matters relating to current public policy need not be the subject of debate but relate to a policy under discussion or already decided by a local, regional or national government or by bodies mandated by those public bodies to make policy on their behalf, for example non-governmental organisations, relevant European institutions, etc.

The exclusion of views or opinions

4. Programmes in the services (listed above) must exclude all expressions of the views and opinions of the person providing the service on matters of political and industrial controversy and matters relating to current public policy (unless that person is speaking in a legislative forum or in a court of law). Views and opinions relating to the provision of programme services are also excluded from this requirement.

5. Due impartiality on matters of political or industrial controversy and matters relating to current public policy must be preserved on the part of any person providing a service (listed above). This may be achieved within a programme or over a series of programmes taken as a whole.

Meaning of “series of programmes taken as a whole”: This means more than one programme in the same service, editorially linked, dealing with the same or related issues within an appropriate period and aimed at a like audience. A series can include, for example, a strand, or two programmes (such as a drama and a debate about the drama) or a ‘cluster’ or ‘season’ of programmes on the same subject.

6. The broadcast of editorially linked programmes dealing with the same subject matter (as part of a series in which the broadcaster aims to achieve due impartiality) should normally be made clear to the audience on air

7. Views and facts must not be misrepresented. Views must also be presented with due weight over appropriate timeframes.

8. Any personal interest of a reporter or presenter, which would call into question the due impartiality of the programme, must be made clear to the audience.

9 Presenters and reporters (with the exception of news presenters and reporters in news programmes), presenters of “personal view” or “authored” programmes or items, and chairs of discussion programmes may express their own views on matters of political or industrial controversy or matters relating to current public policy. However, alternative viewpoints must be adequately represented either in the programme, or in a series of programmes taken as a whole. Additionally, presenters must not use the advantage of regular appearances to promote their views in a way that compromises the requirement for due impartiality. Presenter phone-ins must encourage and must not exclude alternative views.

.10 A personal view or authored programme or item must be clearly signalled to the audience at the outset. This is a minimum requirement and may not be sufficient in all circumstances. (Personality phone-in hosts on radio are exempted from this provision unless their personal view status is unclear.)

Meaning of “personal view” and “authored”: “Personal view” programmes are programmes presenting a particular view or perspective. Personal view programmes can range from the outright expression of highly partial views, for example by a person who is a member of a lobby group and is campaigning on the subject, to the considered “authored” opinion of a journalist, commentator or academic, with professional expertise or a specialism in an area which enables her or him to express opinions which are not necessarily mainstream.

Matters of major political or industrial controversy and major matters relating to current public policy

11 In addition to the rules above, due impartiality must be preserved on matters of major political and industrial controversy and major matters relating to current public policy by the person providing a service (listed above) in each programme or in clearly linked and timely programmes.

Meaning of “matters of major political or industrial controversy and major matters relating to current public policy”: These will vary according to events but are generally matters of political or industrial controversy or matters of current public policy which are of national, and often international, importance, or are of similar significance within a smaller broadcast area.

12. In dealing with matters of major political and industrial controversy and major matters relating to current public policy an appropriately wide range of significant views must be included and given due weight in each programme or in clearly linked and timely programmes. Views and facts must not be misrepresented.

The prevention of undue prominence of views and opinions on matters of political or industrial controversy and matters relating to current public policy

13 Broadcasters should not give undue prominence to the views and opinions of particular persons or bodies on matters of political or industrial controversy and matters relating to current public policy in all the programmes included in any service (listed above) taken as a whole.

Meaning of “undue prominence of views and opinions”: Undue prominence is a significant imbalance of views aired within coverage of matters of political or industrial controversy or matters relating to current public policy.

Meaning of “programmes included in any service…Taken as a whole”: Programmes included in any service taken as a whole means all programming on a service dealing with the same or related issues within an appropriate period.

Religion

Principles

  • To ensure that broadcasters exercise the proper degree of responsibility with respect to the content of programmes which are religious programmes.
  • To ensure that religious programmes do not involve any improper exploitation of any susceptibilities of the audience for such a programme.
  • To ensure that religious programmes do not involve any abusive treatment of the religious views and beliefs of those belonging to a particular religion or religious denomination.
  1. Broadcasters must exercise the proper degree of responsibility with respect to the content of programmes which are religious programmes.

2. The religious views and beliefs of those belonging to a particular religion or religious denomination must not be subject to abusive treatment.

3. Where a religion or religious denomination is the subject, or one of the subjects, of a religious programme, then the identity of the religion and/or denomination must be clear to the audience.

4. Religious programmes must not seek to promote religious views or beliefs by stealth.

5. Religious programmes on television services or BBC ODPS must not seek recruits. This does not apply to specialist religious television services. Religious programmes on radio services may seek recruits.

6. Religious programmes must not improperly exploit any susceptibilities of the audience.

7. Religious programmes that contain claims that a living person (or group) has special powers or abilities must treat such claims with due objectivity and must not broadcast such claims when significant numbers of children may be expected to be watching (in the case of television), or when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS)

 

Section three: Crime, disorder, hatred and abuse

Principle

To ensure that material likely to encourage or incite the commission of crime or to lead to disorder is not included in television or radio services or BBC ODPS.

  1. Material likely to encourage or incite the commission of crime or to lead to disorder must not be included in television or radio services or BBC ODPS e.g how Doflamingo framed King Riku by making it look like he killed the citizens: material like that led to crime and disorder 

2. Material which contains hate speech must not be included in television and radio programmes or BBC ODPS except where it is justified by the context.

Hatred & Abuse

3. Material which contains hate speech must not be included in television and radio programmes or BBC ODPS except where it is justified by the context.

Portrayals of crime and criminal proceedings

4. Descriptions or demonstrations of how to do criminal techniques (e.g how to kill someone with your barehands) that can lead to crime must not be broadcast unless editorially justified.

5. No payment, promise of payment, or payment in kind, may be made to convicted or confessed criminals whether directly or indirectly for a programme contribution by the criminal (or any other person) relating to his/her crime/s. The only exception is where it is in the public interest.

6. While criminal proceedings are active, no payment or promise of payment may be made, directly or indirectly, to any witness or any person who may reasonably be expected to be called as a witness. Nor should any payment be suggested or made dependent on the outcome of the trial. Only actual expenditure or loss of earnings necessarily incurred during the making of a programme contribution may be reimbursed.

7. Where criminal proceedings are likely and foreseeable, payments should not be made to people who might reasonably be expected to be witnesses unless there is a clear public interest, such as investigating crime or serious wrongdoing, and the payment is necessary to elicit the information. Where such a payment is made it will be appropriate to disclose the payment to both defence and prosecution if the person becomes a witness in any subsequent trial

8. Broadcasters must use their best endeavours so as not to broadcast material that could endanger lives or prejudice the success of attempts to deal with a hijack or kidnapping

Section Two: Harm and Offence

Principle

To ensure that generally accepted standards are applied to the content of television and radio services to provide adequate protection for members of the public from harmful and/ or offensive material.

Rules

Generally Accepted Standards

1. Generally accepted standards must be applied to the contents of television and radio services and BBC ODPS so as to provide adequate protection for members of the public from harmful and/or offensive material.

2. Factual programmes or items or portrayals of factual matters must not materially mislead the audience.

3. In applying generally accepted standards broadcasters must ensure that material which may cause offence is justified by the context. Such material may include, but is not limited to, offensive language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, discriminatory treatment or language (for example on the grounds of age, disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation, and marriage and civil partnership). Appropriate information should also be broadcast where it would assist in avoiding or minimising offence

 

Violence, dangerous behaviour and suicide

4. Programmes must not put material that condones or glamorises violent, dangerous or seriously antisocial behaviour and is likely to encourage others to copy such behaviour e.g in the One Piece 4kids version they show Sanji with a lollipop instead of a cigarette because they don’t want ki-ds copying Sanji smoking.  

5. Methods of suicide and self-harm must not be included in programmes except where they are editorially justified and are also justified by the context e.g when Nami was stabbing herself on her arm with the Arlong tattoo: broadcasters would need to be careful when choosing to show that

Exorcism, the occult and the paranormal

6. Demonstrations of exorcism, the occult, the paranormal, divination, or practices related to any of these that purport to be real (as opposed to entertainment) must be treated with due objectivity.

7. If a demonstration of exorcism, the occult, the paranormal, divination, or practices related to any of these is for entertainment purposes, this must be made clear to viewers and listeners e.g if some shows have paranormal activity, they must let the viewers know that the paranormal stuff is not real and is just for entertainment 

8. Demonstrations of exorcism, the occult, the paranormal, divination, or practices related to any of these (whether such demonstrations purport to be real or are for entertainment purposes) must not contain life-changing advice directed at individuals. (Religious programmes are exempt from this rule but must, in any event, comply with the provisions in Section Four: Religion. Films, dramas and fiction generally are not bound by this rule.)

Hypnotic and other techniques, simulated news and photosensitive epilepsy

9. When broadcasting material featuring demonstrations of hypnotic techniques, broadcasters must exercise a proper degree of responsibility in order to prevent hypnosis and/or adverse reactions in viewers and listeners. The hypnotist must not broadcast his/her full verbal routine or be shown performing straight to camera e.g Jango the hypnotist in OP wouldn’t be allowed to perform his hypnosis straight at the camera or he may hypnotise viewers at home

10. Simulated/made-up news (for example in drama or in documentaries) must be broadcast in such a way that the audience isn’t misled into believing they’re watching actual news

11. Broadcasters must not use techniques which exploit the possibility of conveying a message to viewers or listeners, or of otherwise influencing their minds without their being aware, or fully aware, of what has occurred.

12. Television broadcasters must take precautions to maintain a low level of risk to viewers who have photosensitive epilepsy. Where it is not reasonably practicable to follow the Ofcom guidance (see the Ofcom website), and where broadcasters can demonstrate that the broadcasting of flashing lights and/or patterns is editorially justified, viewers should be given an adequate verbal and also, if appropriate, text warning at the start of the programme or programme item.

Broadcast competitions and voting

13. Broadcast competitions and voting must be conducted fairly.

14. Broadcasters must ensure that viewers and listeners are not materially misled about any broadcast competition or voting.

15. Broadcasters must draw up rules for a broadcast competition or vote. These rules must be clear and appropriately made known. In particular, significant conditions that may affect a viewer’s or listener’s decision to participate must be stated at the time an invitation to participate is broadcast.

16. Broadcast competition prizes must be described accurately. (See also Rule 1.30 in Section One: Protecting the Under Eighteens, which concerns the provision of appropriate prizes for children.)

 

Section 1: Protecting The Under 18s

 

PRINCIPLE = To protect the under 18s – (Children are people under the age of fifteen years.)

Scheduling and content information

  1. You must not broadcast/show any material that can seriously damage the physical, mental or moral development of people under 18    e.g One Piece has 4kids version because they can’t broadcast Sanji smoking, as it may influence them to smoke. 

 

2. In the provision of services, broadcasters must take all reasonable steps to protect people under eighteen.

 

3. Children must also be protected by appropriate scheduling from material that is unsuitable for them.

APPROPRIATE SCHEDULING =

  • the nature of the content
  • the likely number and age range of children in the audience, taking into account school time, weekends and holidays
  • the start time and finish time of the programme; • the nature of the channel or station and the particular programme
  • the likely expectations of the audience for a particular channel or station at a particular time and on a particular day.

 

4. Television broadcasters must observe the watershed.

Watershed = the time when TV programmes which might be unsuitable for children can be broadcast e.g Attack on Titan can’t be shown on TV before 9pm or after 5.30am

The watershed begins at 9pm and material unsuitable for children should not, in general, be shown before 9pm or after 5.30am.
5. Radio broadcasters must have particular regard to times when children are particularly likely to be listening
6. For T.V, the change to more adult material must not be so sudden at the watershed e.g changing from One Piece 4kids to AOT at exactly 9pm.  For television, the strongest material should appear later in the schedule
  • For radio, the change to more adult material must not be so sudden after the time when children are particularly likely to be listening.  For television, the strongest material should appear later in the schedule

7. For T.V shows broadcast before the watershed, or for radio shows broadcast when children are particularly likely to be listening, or for BBC ODPS content that can be accessed by children, clear information about content that may distress some children should be given, if appropriate, to the audience e.g if changing from One Piece 4kids to AOT before 9pm (the watershed), a warning should be shown on the screen

The coverage of sexual and other offences in the UK involving under-eighteens

 8.  Broadcasters should be careful not to give any clues that can lead to people identifying those that aren’t yet adults (under 18s) (the defining age may differ in different parts of the UK) and who are, or might be, involved as a victim, witness, defendant or other perpetrator in the case of sexual offences featured in criminal, civil or family court proceedings e.g if Momonosuke was involved in a sexual offence, broadcasters would need to be careful to not identify him
9. When covering any pre-trial investigation into an alleged criminal offence in the UK, broadcasters should not publish the name, address, identity of school or other educational establishment, place of work, or any still or moving picture of any children involved in a criminal offence as a victim or witness e.g if Momonosuke was involved in a crime, broadcasters can’t identify him as he’s too young

Drugs, smoking, solvents and alcohol

10. The use of illegal drugs, the abuse of drugs, smoking, solvent abuse and the misuse of alcohol:

  • must not be shown in programmes made mainly for children unless there is strong editorial justification e.g in kodomo manga there should be no alcohol or smoking.
  • must generally be avoided and in any case must not be condoned, encouraged or glamorised in other programmes broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS) unless there is editorial justification;
  • must not be condoned, encouraged or glamorised in other programmes likely to be widely seen, heard or accessed by under-eighteens unless there is editorial justification.

 

Violence and dangerous behaviour

 

11. Violence, its after-effects and descriptions of violence, whether verbal or physical, must be appropriately limited in programmes broadcast before the watershed (in the case of television), when children are particularly likely to The Ofcom Broadcasting Code April 2017 11 be listening (in the case of radio) or when content is likely to be accessed by children (in the case of BBC ODPS) and must also be justified by the context.

 

12. Violence, whether verbal or physical, that is easily copied by children in a dangerous or harmful way:

  • must not be shown in programmes made mainly for children unless there is strong editorial justification e.g in kodomo manga there should be no violence or bloodshed
  • must not be broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS), unless there is editorial justification.

 

13. Dangerous behaviour, or the portrayal of dangerous behaviour, that is can be copied by children in a harmful way:

  • must not be featured in programmes made primarily for children unless there is strong editorial justification e.g in Kodomo manga they can’t show people biting their thumbs to turn into titans, or children may copy them and hurt themselves
  • must not be broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS), unless there is editorial justification.

 

Offensive language

14. The most offensive language must not be broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS).

15. Offensive language must not be used in programmes made for younger children except in the most exceptional circumstances e.g swearing and cursing shouldn’t be used in kodomo manga 

16. Offensive language must not be broadcast before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS), unless it is justified by the context. In any event, frequent use of such language must be avoided before the watershed.

Sexual Material

17. Material equivalent to the British Board of Film Classification (“BBFC”) R18- rating must not be broadcast at any time.

18. ‘Adult sex material’ – material that contains images and/or language of a strong sexual nature which is broadcast for the primary purpose of sexual arousal or stimulation – must not be broadcast at any time other than between 2200 and 0530 on premium subscription services and pay per view/night services which operate with mandatory restricted access. In addition, measures must be in place to ensure that the subscriber is an adult e.g if Ecchi manga is showing at 2200, the person watching must prove they’re above 18 to watch the show

19. Broadcasters must ensure that material broadcast after the watershed, or made available on BBC ODPS, which contains images and/or language of a strong or explicit sexual nature, but is not ‘adult sex material’ as defined in Rule 1.18 above, is justified by the context.

20. Representations of sexual intercourse must not occur before the watershed (in the case of television), when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS), unless there is a serious educational purpose. Any discussion on, or portrayal of, sexual behaviour must be editorially justified if included before the watershed, when children are particularly likely to be listening, or when content is likely to be accessed by children on BBC ODPS, and must be appropriately limited i.e Ecchi manga must not be shown before 2100 

Nudity

21. Nudity before the watershed, or when content is likely to be accessed by children (in the case of BBC ODPS), must be justified by the context.

Films, premium subscription film services, pay per view services

22. No film refused classification by the British Board of Film Classification (BBFC) may be broadcast, unless it has subsequently been classified or the BBFC has confirmed that it would not be rejected according to the standards currently operating. Also, no film cut as a condition of classification by the BBFC may be transmitted in a version which includes the cut material unless:

  •  the BBFC has confirmed that the material was cut to allow the film to pass at a lower category; or
  • the BBFC has confirmed that the film would not be subject to compulsory cuts according to the standards currently operating

23. BBFC 18-rated films or their equivalent must not be broadcast before 2100, on any service (except for pay per view services), and even then they may be unsuitable for broadcast at that time.

24. Premium subscription film services may broadcast up to BBFC 15-rated films or their equivalent, at any time of day provided that mandatory restricted access is in place pre-2000 and post-0530. In addition, those security systems which are in place to protect children must be clearly explained to all subscribers.

25. Pay per view services may broadcast up to BBFC 18-rated films or their equivalent, at any time of day provided that mandatory restricted access is in place pre-2100 and post-0530. In addition

  • information must be provided about programme content that will assist adults to assess its suitability for children;
  •  there must be a detailed billing system for subscribers which clearly itemises all viewing including viewing times and dates; and
  • those security systems which are in place to protect children must be clearly explained to all subscribers.

26. BBFC R18-rated films must not be broadcast

Exorcism, the occult and the paranormal

27. Demonstrations of exorcisms, occult practices and the paranormal (which purport to be real), must not be shown before the watershed (in the case of television) or when children are particularly likely to be listening (in the case of radio), or when content is likely to be accessed by children (in the case of BBC ODPS).

Paranormal practices which are for entertainment purposes must not be broadcast when significant numbers of children may be expected to be watching, or are particularly likely to be listening, or when content is likely to be accessed by children (in the case of BBC ODPS), (This rule does not apply to drama, film or comedy.)

The involvement of people under eighteen in programmes

28. Due care must be taken over the physical and emotional welfare and the dignity of people under eighteen who take part or are otherwise involved in programmes. This is irrespective of any consent given by the participant or by a parent, guardian or other person over the age of eighteen in loco parentis.

29. People under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.

30. Prizes aimed at children must be appropriate to the age range of both the target audience and the participants.

CATS EVALUATION

For my 2000 word comparison essay, i compared John Pilger and Martin Bell. I chose these two as i feel they have contributed a lot to journalism and i look up to the both of them due to their beliefs of picking a side, as opposed to traditional journalism which aims to be as unbiased as possible.

I started this essay worrying about the word count that i thought was far too much. In the end, i went slightly above 2000 words. Before this, i was worried that i would not have enough content on Martin Bell, as he is not as widely known as Pilger is. Gathering research on him was quit difficult.

In terms of comparing the two, i decided to focus on their reporting styles. This has worked to my advantage, as there was a lot of semiotics that i was able to draw from their reporting styles, discussing the denotations and connotations of different features such as their camera shots, use of language, tone of voice and colour.

Writing this essay, i spent a good amount of time using the library to as a foundation for research. Thanks to this I was able to go a lot more in depth into analysing their work. I used various examples of their work when describing their impact and describing their reporting styles. However this essay still lacks some depth to it. I do not go as in depth on the use of language, and i have barely touched on the political impact Bell had, only stating that he became an MP.

If i were to do this essay again, i would go a lot more in depth into describing their socio political impact, as well as describing the angles they chose to shoot at, and backing up more assertions i made with examples of their work.

Ultimately, i did want to go more in depth, however due to the word count, i was unable to.

Is print dead, and the future of journalism purely online?

For a great number of years many have argued over a definite answer to the question: “is print dead?”

One cannot deny the fact that it is dying. Within the past ten years, according to research from Press Gazette, an estimated 300 local newspapers have been closed. In terms of advertising revenue, print is also making significant losses. Last year, the Daily Mail, Daily Telegraph, The Sun had a decrease of around 5% in ad revenue.

Nowadays as well, people are relying less on newspapers as a source of news, and are relying more on technology.

Here is an infographic showing the decline in newspaper circulations, detailing the percentage change in the average and weekly circulations.

In addition, a survey conducted by Pew Research Centre in 2016 found that 24% of adults in the USA found cable TV news to be most helpful, while 3% found local paper in print to be helpful, and 2% found the national paper in print helpful. It also found that 36% of U.S adults learned something about the election from a print newspaper. This was lower than the percentage that learned from radio (44%), digital sources (64%) or 78% from TV (Barthel, 2016).

Evidently, print is dying. However, to say that it is dead now would be incorrect. Here is an infographic based off of research conducted by Pew Research Centre, which found that 51% of those who read a newspaper read it only in print, while 5% read it on desktop only. This research shows that print is not yet dead and is widely used.

In conclusion, although print is at a severe disadvantage with ad revenue falling and more people relying on online sources and technology as a source of information, print is not yet dead. That being said, however, with constant developments in technology, and with teenagers preferring online mediums to print, all the evidence points to journalism being purely online in the future.

Bibliography

Barthel, Michael. “Newspapers: Fact Sheet”. Pew Research Center’s Journalism Project. N.p., 2017. Web. 19 May 2017.

Adeyemi, Samuel. “Is Print Media Dead”. ModernGhana.com. N.p., 2017. Web. 19 May 2017.