WHAT IS OFCOM?
OFCOM, THE OFFICE OF COMMUNICATIONS IS THE NEW COMMUNICATIONS SECTOR REGULATOR. OFCOM ASSUMED ITS POWERS ON 29TH DECEMBER 2003. OFCOM INHERITS THE DUTIES OF THE FIVE EXISTING REGULATORS:
* THE BROADCASTING STANDARDS COMMISSION (BSC) ,
* THE INDEPENDANT TELEVISION COMMISSION (ITC) ,
* OFTEL,
* THE RADIO AUTHORITY,
* AND THE READIO COMMUNICATIONS AGENCY.
Statutory Duties and Regulatory Principles
Ofcom was established as a body corporate by the Office of Communications Act 2002. Ofcom is the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services.
Ofcom's Statutory Duties
Under the Communications Act 2003:
3(1) It shall be the principal duty of Ofcom, in carrying out their functions;
(a) to further the interests of citizens in relation to communications matters; and
(b) to further the interests of consumers in relevant markets, where appropriate by promoting competition"
Ofcom's specific duties fall into six areas:
1/. Ensuring the optimal use of the electro-magnetic spectrum
2/. Ensuring that a wide range of electronic communications services - including high speed data services - is available throughout the UK
3/. Ensuring a wide range of TV and radio services of high quality and wide appeal
4/. Maintaining plurality in the provision of broadcasting
5/. Applying adequate protection for audiences against offensive or harmful material
6/. Applying adequate protection for audiences against unfairness or the infringement of privacy
Ofcom's Regulatory Principles
* Ofcom will regulate with a clearly articulated and publicly reviewed annual plan, with stated policy objectives.
* Ofcom will intervene where there is a specific statutory duty to work towards a public policy goal which markets alone cannot achieve.
* Ofcom will operate with a bias against intervention, but with a willingness to intervene firmly, promptly and effectively where required.
* Ofcom will strive to ensure its interventions will be evidence-based, proportionate, consistent, accountable and transparent in both deliberation and outcome.
* Ofcom will always seek the least intrusive regulatory mechanisms to achieve its policy objectives.
* Ofcom will research markets constantly and will aim to remain at the forefront of technological understanding.
* Ofcom will consult widely with all relevant stakeholders and assess the impact of regulatory action before imposing
regulation upon a market.
The Ofcom Broadcasting Code.
This Code came into effect on 25 July 2005 .The Code came into force and applies to programmes broadcast on or after 25 July 2005, including a repeat of a programme first broadcast before that date. (Rule 10.17 came into force on 1 July 2005). A programme transmitted before 25 July 2005 will be regulated under the relevant legacy code available under the Legacy Codes section of the website.
How to Use the Code.
The Code is set out in terms of principles, meanings and rules and, for Sections Seven: Fairness and Eight: Privacy, also includes a set of “practices to be followed” by broadcasters. The principles are there to help readers understand the standards objectives and to apply the rules. Broadcasters must ensure that they comply with the rules as set out in the Code.
Section 1 - Protecting the Under-Eighteens
Principle
To ensure that people under eighteen are protected.
Section 2 - Harm and Offence
Principle
To ensure that generally accepted standards are applied to the content of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.
Section 3 - Crime
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.
Section 4 - 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.
Section 5 - 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.
Section 6 - 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.
Section 7 - Fairness.
Principle
To ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes.
Section 8 - Privacy.
Principle
To ensure that broadcasters avoid any unwarranted infringement of privacy in programmes and in connection with obtaining material included in programmes.
Section 9 - Sponsorship.
Principle
To ensure that the unsuitable sponsorship of programmes on radio and television is prevented, with particular reference to:
transparency – to ensure sponsorship arrangements are transparent;
separation – to ensure that sponsorship messages are separate from programmes and to maintain a distinction between advertising and sponsorship;
editorial independence – to ensure that the broadcaster maintains editorial control over sponsored content and that programmes are not distorted for commercial purposes.
Section 10 - Commercial References and Other Matters.
Principles
To ensure that the independence of editorial control over programme content is maintained and that programmes are not distorted for commercial purposes.
To ensure that the advertising and programme elements of a service are clearly separated.
OFCOM, THE OFFICE OF COMMUNICATIONS IS THE NEW COMMUNICATIONS SECTOR REGULATOR. OFCOM ASSUMED ITS POWERS ON 29TH DECEMBER 2003. OFCOM INHERITS THE DUTIES OF THE FIVE EXISTING REGULATORS:
* THE BROADCASTING STANDARDS COMMISSION (BSC) ,
* THE INDEPENDANT TELEVISION COMMISSION (ITC) ,
* OFTEL,
* THE RADIO AUTHORITY,
* AND THE READIO COMMUNICATIONS AGENCY.
Statutory Duties and Regulatory Principles
Ofcom was established as a body corporate by the Office of Communications Act 2002. Ofcom is the regulator for the UK communications industries, with responsibilities across television, radio, telecommunications and wireless communications services.
Ofcom's Statutory Duties
Under the Communications Act 2003:
3(1) It shall be the principal duty of Ofcom, in carrying out their functions;
(a) to further the interests of citizens in relation to communications matters; and
(b) to further the interests of consumers in relevant markets, where appropriate by promoting competition"
Ofcom's specific duties fall into six areas:
1/. Ensuring the optimal use of the electro-magnetic spectrum
2/. Ensuring that a wide range of electronic communications services - including high speed data services - is available throughout the UK
3/. Ensuring a wide range of TV and radio services of high quality and wide appeal
4/. Maintaining plurality in the provision of broadcasting
5/. Applying adequate protection for audiences against offensive or harmful material
6/. Applying adequate protection for audiences against unfairness or the infringement of privacy
Ofcom's Regulatory Principles
* Ofcom will regulate with a clearly articulated and publicly reviewed annual plan, with stated policy objectives.
* Ofcom will intervene where there is a specific statutory duty to work towards a public policy goal which markets alone cannot achieve.
* Ofcom will operate with a bias against intervention, but with a willingness to intervene firmly, promptly and effectively where required.
* Ofcom will strive to ensure its interventions will be evidence-based, proportionate, consistent, accountable and transparent in both deliberation and outcome.
* Ofcom will always seek the least intrusive regulatory mechanisms to achieve its policy objectives.
* Ofcom will research markets constantly and will aim to remain at the forefront of technological understanding.
* Ofcom will consult widely with all relevant stakeholders and assess the impact of regulatory action before imposing
regulation upon a market.
The Ofcom Broadcasting Code.
This Code came into effect on 25 July 2005 .The Code came into force and applies to programmes broadcast on or after 25 July 2005, including a repeat of a programme first broadcast before that date. (Rule 10.17 came into force on 1 July 2005). A programme transmitted before 25 July 2005 will be regulated under the relevant legacy code available under the Legacy Codes section of the website.
How to Use the Code.
The Code is set out in terms of principles, meanings and rules and, for Sections Seven: Fairness and Eight: Privacy, also includes a set of “practices to be followed” by broadcasters. The principles are there to help readers understand the standards objectives and to apply the rules. Broadcasters must ensure that they comply with the rules as set out in the Code.
Section 1 - Protecting the Under-Eighteens
Principle
To ensure that people under eighteen are protected.
Section 2 - Harm and Offence
Principle
To ensure that generally accepted standards are applied to the content of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.
Section 3 - Crime
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.
Section 4 - 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.
Section 5 - 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.
Section 6 - 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.
Section 7 - Fairness.
Principle
To ensure that broadcasters avoid unjust or unfair treatment of individuals or organisations in programmes.
Section 8 - Privacy.
Principle
To ensure that broadcasters avoid any unwarranted infringement of privacy in programmes and in connection with obtaining material included in programmes.
Section 9 - Sponsorship.
Principle
To ensure that the unsuitable sponsorship of programmes on radio and television is prevented, with particular reference to:
transparency – to ensure sponsorship arrangements are transparent;
separation – to ensure that sponsorship messages are separate from programmes and to maintain a distinction between advertising and sponsorship;
editorial independence – to ensure that the broadcaster maintains editorial control over sponsored content and that programmes are not distorted for commercial purposes.
Section 10 - Commercial References and Other Matters.
Principles
To ensure that the independence of editorial control over programme content is maintained and that programmes are not distorted for commercial purposes.
To ensure that the advertising and programme elements of a service are clearly separated.
1 comment:
A very good blog entry with a great deal of information. I would have liked to see a link to the Ofcom site. I clicked on the logo but a blank page came up.
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