British TV - Regulation

Regulation

Ofcom is the independent regulator and competition authority for the communication industries in the United Kingdom, including television. As the regulatory body for media broadcasts, Ofcom's duties include:

• Specification of the Broadcast Code, which took effect on 25 July 2005, with the latest version being published October 2008. The Code itself is published on Ofcom's web site, and provies a mandatory set of rules which broadcast programmes must comply with. The 10 main sections cover protection of under-eighteens, harm and offence, crime, religion, impartiality and accuracy, elections, fairness, privacy, sponsorship and commercial references. As stipulated in the Communications Act 2003, Ofcom enforces adherence to the Code. Failure for a broadcaster to comply with the Code results in warnings, fines, and potentially revokation of a broadcasting license.
• Rules on the amount and distribution of advertising, which also took effect July 2005
• Examining specific complaints by viewers or other bodies about programmes and sponsorship. Ofcom issues Broadcast Bulletins on a fortnightly basis which are accessible via its web site. As an example, a bulletin from February 2009 has a complaint from the National Heart Forum over sponsorship of The Simpsons by Domino's Pizza on Sky1. Ofcom concluded this was in breach of the Broadcast Code, since it contravened an advertising restriction of food high in fat, salt or sugar. (Restrictions in food and drink advertising to children were introduced in November 2006.)
• The management, regulation and assignment of the electromagnetic spectrum in the UK, and licensing of portions of the spectrum for television broadcasting
• Public consultations on matters relating to TV broadcasting. The results of the consultations are published by Ofcom, and inform the policies that Ofcom creates and enforces.

In 2008, Ofcom issued fines to the total of £7.7m. This included £5.67m of fines to ITV companies, including a £3m fine to LWT over voting irregularities on Saturday Night Takeaway, and fines totalling £495,000 to the BBC. Ofcom said phone-in scandals had contributed significantly to the fine totals.

The Committee for Advertising Practice (CAP, or BCAP) is the body contracted by Ofcom to create and maintain the codes of practice governing television advertising. The Broadcast Advertising Codes (or the TV codes) are accessible on CAP's web site. The Codes cover advertising standards (the TV Code), guidance notes, scheduling rules, text services (the Teletext Code) and interactive television guidance. The main sections of the TV Code concern compliance, programmes and advertising, unnacceptable products, political and controversial issues, misleading advertising, harm and offence, children, medicines, treatments, health claims and nutrition, finance and investments, and religion.

The Advertising Standards Authority (ASA) is an independent body responsible for resolving complaints relating to the advertising industry within the UK. It is not government funded, but funded by a levy on the advertising industry. It ensures compliance with the Codes created by CAP. The ASA covers all forms of advertising, not just television advertisements. The ASA can refer problematic adverts to Ofcom, since the channels carrying the adverts are ultimately responsible for the advertising content, and are answerable to Ofcom. Ofcom can issue fines or revoke broadcast licenses if necessary.