The Ofcom Broadcasting Code

(Incorporating the Cross-promotion Code)

Revised December 2009
The Ofcom Broadcasting Code December 2009 1
(incorporating the Cross-promotion Code)

Contents

The Legislative Section 1: Appendix 1: Cross-promotion

Background Protecting the Extracts from the Code
to the Code Under-Eighteens Communications Introduction
Act 2003
How to Section 2: Legislative
Use the Code Harm and Offence Appendix 2: background to
Extracts from the the Code
Section 3: Audiovisual Media
Crime Services Directive Principles

Section 4: Rules
Appendix 3:
Religion European Guidance
Convention on
Section 5: Human Rights General guidance
Due Impartiality on the Cross-
and Due Accuracy Appendix 4: promotion Code
and Undue Financial
Prominence Promotions
of Views and and Investment
Opinions Recommendations

Section 6: The Ofcom

Elections and Broadcasting Code
Referendums
Index
Section 7:
Fairness

Section 8:
Privacy

Section 9:
Sponsorship

Section 10:
Commercial
References
and Other Matters
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The Legislative 1
Background to the Code

Ofcom is required under the Communications Act 2003 (“the Act”) and the
Broadcasting Act 1996 (as amended) (“the 1996 Act”) to draw up a code for television
and radio, covering standards in programmes, sponsorship, fairness and privacy.
This Code is to be known as the Ofcom Broadcasting Code (“the Code”).
Broadcasters are reminded of the legislative background that has informed the rules,
of the principles that apply to each section, the meanings given by Ofcom and of the
guidance issued by Ofcom, all of which may be relevant in interpreting and applying
the Code. No rule should be read in isolation but within the context of the whole Code
including the headings, cross-references and other linking text.
In setting these standards, Ofcom must secure the standards objectives set out in the
Act. This not only involves setting minimum standards but also such other standards
as may be appropriate. (See sections 3(1)(a) and (b), (2)(e) and (f) and (4)(b)(g)(h)(j)
(k) and (l), 319, 320, 321, 325 and 326 of the Act and sections 107(1) of the 1996 Act.
These extracts can be found in Appendix 1 of the Code.)
The Code also gives effect to a number of requirements relating to television in
EC Directive 89/552/EEC, as amended by Directive 97/36/EC and by Directive
2007/65/EC (“The Audiovisual Media Services Directive”) 2 Extracts can be found
in Appendix 2 of the Code.
The Code has also been drafted in the light of the Human Rights Act 1998 and the
European Convention on Human Rights (“the Convention”). In particular, the right
to freedom of expression, as expressed in Article 10 of the Convention, encompasses
the audience’s right to receive creative material, information and ideas without
interference but subject to restrictions prescribed by law and necessary in a democratic

1. In this Broadcasting Code, where the context admits, references to any legislative provisions, whether
in primary or secondary legislation, include a reference to those provisions as amended or re-enacted or as
their application is modified by other provisions from time to time; any reference to a statutory provision
shall include any subordinate legislation made from time to time under that provision.
2. A codification of the provisions has been proposed by the European Commission in order to consolidate
the requirements into a single directive. The new Directive, which will replace the existing version, is
expected to be adopted and brought into force during 2010. Although the new Directive will fully preserve
the content of the existing legislation it will lead to a renumbering of provisions which will need to be
reflected in this Code. We will carry out this exercise at the appropriate time.
The Ofcom Broadcasting Code December 2009 3

society. This Article, together with Article 8 regarding the right to a person’s private
and family life, home and correspondence; Article 9, the right to freedom of thought,
conscience and religion; and Article 14, the right to enjoyment of human rights without
discrimination on grounds such as sex, race and religion, can be found in
Appendix 3 of the Code.
Unless expressly stated otherwise, the Code applies to radio and television content
(with certain exceptions in the case of the British Broadcasting Corporation
(“the BBC”) – see below) in services licensed by Ofcom, services funded by the
licence fee provided by the BBC and to Sianel Pedwar Cymru (“S4C”).
Broadcasters are required by the terms of their Ofcom licence to observe the
Standards Code and the Fairness Code, which are to be interpreted as references
to this Code. Observance of this Code is also required in the case of the BBC by
the BBC Agreement 3 and, in the case of S4C, by statute. Except where the Code
states otherwise, the term “television broadcasters” refers to providers of television
programme services (including any local services such as restricted television services),
the BBC and S4C, and “radio broadcasters” refers to providers of radio programme
services (including local and community radio services and community digital sound
programme services) and the BBC. Sections Five, Six, Nine and Ten of the Code
do not apply to BBC services funded by the licence fee. No part of the Code applies
to the BBC World Service funded by grant in aid.
Under the Act, the provider of a service is the person with “general control” over
which programmes and other facilities and services are comprised in the service
(section 362(2) of the Act).
General control is wider than editorial control in that it includes control over services
and facilities to which access is provided (for example through the inclusion in the
main service of a link or facility to interactive features) and over which the broadcaster
may not have editorial control.

3. The BBC Agreement is the Agreement dated July 2006 between Her Majesty’s Secretary of State for
Culture, Media and Sport and the British Broadcasting Corporation as may be amended from time to time.
4 www.ofcom.org.uk

Although a link included in the service may lead to features outside of that service
which are not regulated by Ofcom, the provision of access to those features by, for
instance, the inclusion of a link, is within the control of the broadcaster and so within
Ofcom’s remit. Ofcom may therefore require such a link or facility to be removed
where Ofcom has concerns, in the light of its statutory duties and, in particular, the
standards objectives set out in section 319 of the Act, about the material to which it
leads. In any event, the transition from broadcaster to third-party control must be
clear to the viewer, so as to manage both audience expectations regarding the material
to which they are being led and the risk to the broadcaster of being found in breach of
this Code (for example Rules 1.2 and 2.1).
Where the Code has been breached, Ofcom will normally publish a finding and
explain why a broadcaster has breached the Code (these findings are available in
Ofcom’s Broadcast Bulletins at www.ofcom.org.uk). When a broadcaster deliberately,
seriously or repeatedly breaches the Code, Ofcom may impose statutory sanctions
against the broadcaster. Ofcom’s procedures for investigating cases (following the
receipt of a complaint or otherwise) and applying statutory sanctions to broadcasters
are also on the website. Members of the public who have no access to the web can ask
Ofcom to send them a copy of the procedures by post.
The Code is divided into sections which are primarily drawn from the objectives as
set out in section 319(2) of the Act and section 107(1) of the 1996 Act, as well as the
Representation of the People Act 1983 (as amended).
The Ofcom Broadcasting Code December 2009 5

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. The meanings help explain what Ofcom intends by some
of the words and phrases used in the Code. The most relevant broadcasting legislation
is noted under each section heading so readers can turn to the legislation if they wish.
When applying the Code to content, broadcasters should be aware that the context in
which the material appears is key. In setting this Code, Ofcom has taken into account
(as required by section 319(4) of the Act) the following:
(a) the degree of harm and offence likely to be caused by the inclusion of any
particular sort of material in programmes generally or in programmes of
a particular description;
(b) the likely size and composition of the potential audience for programmes
included in television and radio services generally or in television and radio
services of a particular description;
(c) the likely expectation of the audience as to the nature of a programme’s content
and the extent to which the nature of a programme’s content can be brought
to the attention of potential members of the audience;
(d) the likelihood of persons who are unaware of the nature of a programme’s
content being unintentionally exposed, by their own actions, to that content;
(e) the desirability of securing that the content of services identifies when there is a
change affecting the nature of a service that is being watched or listened to and,
in particular, a change that is relevant to the application of the standards set
under this section;
(f) the desirability of maintaining the independence of editorial control over
programme content.
These criteria have informed Ofcom’s approach to setting the Code and therefore
must be taken into account by broadcasters when interpreting the rules.
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The Code does not seek to address each and every case that could arise. Broadcasters
may face a number of individual situations which are not specifically referred to in this
Code. Examples included in the Code are not exhaustive. However, the principles,
as outlined in the following sections, should make clear what the Code is designed
to achieve and help broadcasters make the necessary judgements.
To assist further those who work in broadcasting, as well as viewers and listeners
who wish to understand broadcasting standards, non-binding guidance to
accompany the Code will also be issued by Ofcom on the Ofcom website and
will be reviewed regularly.
Broadcasters should be familiar with their audiences and ensure that programme
content can always be justified by the context and the editorial needs of the
programme. (In the Code, the word ‘programmes’ is taken to mean both television
programmes and radio programmes/programming.)
Broadcasters may make programmes about any issue they choose, but it is expected
that broadcasters will ensure at all times that their programmes comply with the
general law, as well as the Code.
General guidance on the Code
It is the responsibility of the broadcaster to comply with the Code. Programme makers
who require further advice on applying this Code should, in the first instance, talk to
those editorially responsible for the programme and to the broadcaster’s compliance
and legal officers.
Ofcom can offer general guidance on the interpretation of the Code. However,
any such advice is given on the strict understanding that it will not affect Ofcom’s
discretion to judge cases and complaints after transmission and will not affect the
exercise of Ofcom’s regulatory responsibilities. Broadcasters should seek their own
legal advice on any compliance issues arising. Ofcom will not be liable for any loss
or damage arising from reliance on informal guidance.
The Ofcom Broadcasting Code December 2009 7

Section One: Protecting

the Under-Eighteens

(Relevant legislation includes, in particular, sections 3(4)(h) and 319(2)(a) and (f) of the
Communications Act 2003, Article 22 of the Audiovisual Media Services Directive,
and Article 10 of the European Convention on Human Rights.)
This section must be read in conjunction with Section Two: Harm and Offence.
Principle
To ensure that people under eighteen are protected.
Rules
Scheduling and content information
1.1 Material that might seriously impair the physical, mental or moral development
of people under eighteen must not be broadcast.
1.2 In the provision of services, broadcasters must take all reasonable steps to
protect people under eighteen. For television services, this is in addition to
their obligations resulting from the Audiovisual Media Services Directive
(in particular, Article 22, see Appendix 2).
1.3 Children must also be protected by appropriate scheduling from material that
is unsuitable for them.

Meaning of “children”:
Children are people under the age of fifteen years.

Meaning of “appropriate scheduling”:

Appropriate scheduling should be judged according to:
• 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; and
• the likely expectations of the audience for a particular channel or station
at a particular time and on a particular day.
8 www.ofcom.org.uk

1.4 Television broadcasters must observe the watershed.

Meaning of “the watershed”:

The watershed only applies to television. The watershed is at 2100. Material
unsuitable for children should not, in general, be shown before 2100 or after 0530.

On premium subscription film services which are not protected as set out in Rule
1.24, the watershed is at 2000. There is no watershed on premium subscription
film services or pay per view services which are protected as set out in Rule 1.24
and 1.25 respectively.

1.5 Radio broadcasters must have particular regard to times when children are
particularly likely to be listening.

Meaning of “when children are particularly likely to be listening”:

This phrase particularly refers to the school run and breakfast time, but might
include other times.

1.6 The transition to more adult material must not be unduly abrupt at the
watershed (in the case of television) or after the time when children are
particularly likely to be listening (in the case of radio). For television, the
strongest material should appear later in the schedule.
1.7 For television programmes broadcast before the watershed, or for radio
programmes broadcast when children are particularly likely to be listening,
clear information about content that may distress some children should be
given, if appropriate, to the audience (taking into account the context).
(For the meaning of “context” see Section Two: Harm and Offence.)
The Ofcom Broadcasting Code December 2009 9

The coverage of sexual and other offences

in the UK involving under-eighteens
1.8 Where statutory or other legal restrictions apply preventing personal
identification, broadcasters should also be particularly careful not to provide
clues which may lead to the identification of those who are not yet adult (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:
• by reporting limited information which may be pieced together with
other information available elsewhere, for example in newspaper reports
(the ‘jigsaw effect’);
• inadvertently, for example by describing an offence as “incest”; or
• in any other indirect way.
(Note: Broadcasters should be aware that there may be statutory reporting
restrictions that apply even if a court has not specifically made an order to
that effect.)
1.9 When covering any pre-trial investigation into an alleged criminal offence in
the UK, broadcasters should pay particular regard to the potentially vulnerable
position of any person who is not yet adult who is involved as a witness or victim,
before broadcasting their name, address, identity of school or other educational
establishment, place of work, or any still or moving picture of them. Particular
justification is also required for the broadcast of such material relating to the
identity of any person who is not yet adult who is involved in the defence as a
defendant or potential defendant.
Drugs, smoking, solvents and alcohol
1.10 The use of illegal drugs, the abuse of drugs, smoking, solvent abuse and the
misuse of alcohol:
• must not be featured in programmes made primarily for children unless
there is strong editorial justification;
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• 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), or when children are particularly likely
to be listening (in the case of radio), unless there is editorial justification;
• must not be condoned, encouraged or glamorised in other programmes
likely to be widely seen or heard by under-eighteens unless there is 
editorial justification.
Violence and dangerous behaviour
1.11 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) or when children are particularly likely
to be listening (in the case of radio) and must also be justified by the context.
1.12 Violence, whether verbal or physical, that is easily imitable by children in a
manner that is harmful or dangerous:
• must not be featured in programmes made primarily for children unless
there is strong editorial justification;
• must not be broadcast before the watershed (in the case of television)
or when children are particularly likely to be listening (in the case of radio),
unless there is editorial justification.
1.13 Dangerous behaviour, or the portrayal of dangerous behaviour, that is likely
to be easily imitable by children in a manner that is harmful:
• must not be featured in programmes made primarily for children unless
there is strong editorial justification;
• must not be broadcast before the watershed (in the case of television)
or when children are particularly likely to be listening (in the case of radio),
unless there is editorial justification.
(Regarding Rules 1.11 to 1.13 see Rules 2.4 and 2.5 in Section Two:
Harm and Offence.)
The Ofcom Broadcasting Code December 2009 11

Offensive language
1.14 The most offensive language must not be broadcast before the watershed (in the
case of television) or when children are particularly likely to be listening (in the
case of radio).
1.15 Offensive language must not be used in programmes made for younger
children except in the most exceptional circumstances.
1.16 Offensive language must not be broadcast before the watershed (in the case of
television) or when children are particularly likely to be listening (in the case
of radio), unless it is justified by the context. In any event, frequent use of such
language must be avoided before the watershed.
(Regarding Rules 1.14 to 1.16 see Rule 2.3 in Section Two: Harm and Offence.)
Sexual material
1.17 Material equivalent to the British Board of Film Classification (BBFC) R18-
rating must not be broadcast at any time.
1.18 ‘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.
Meaning of “mandatory restricted access”:
Mandatory restricted access means there is a PIN protected system (or other
equivalent protection) which cannot be removed by the user, that restricts access
solely to those authorised to view.

1.19 Broadcasters must ensure that material broadcast after the watershed 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.
12 www.ofcom.org.uk

(See Rules 1.6 and 1.18 and Rule 2.3 in Section Two: Harm and Offence which
includes meaning of “context”.)
1.20 Representations of sexual intercourse must not occur before the watershed (in
the case of television) or when children are particularly likely to be listening (in
the case of radio), unless there is a serious educational purpose. Any discussion
on, or portrayal of, sexual behaviour must be editorially justified if included
before the watershed, or when children are particularly likely to be listening,
and must be appropriately limited.
Nudity
1.21 Nudity before the watershed must be justified by the context.
Films, premium subscription film services, pay per view services
1.22 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.
1.23 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.
1.24 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.
The Ofcom Broadcasting Code December 2009 13

(See meaning of “mandatory restricted access” under Rule 1.18 above.)

1.25 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.
(See meaning of “mandatory restricted access” under Rule 1.18 above.)
1.26 BBFC R18-rated films must not be broadcast.
Exorcism, the occult and the paranormal
1.27 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). 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. (This rule does not apply to
drama, film or comedy.)
(See Rules 2.6 to 2.8 in Section Two: Harm and Offence and Rule 4.7 in
Section Four: Religion.)
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The involvement of people under eighteen in programmes

1.28 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.
1.29 People under eighteen must not be caused unnecessary distress or anxiety by
their involvement in programmes or by the broadcast of those programmes.
1.30 Prizes aimed at children must be appropriate to the age range of both the
target audience and the participants.
(See Rule 2.16 in Section Two: Harm and Offence.)
The Ofcom Broadcasting Code December 2009 15

Section Two:
Harm and Offence

(Relevant legislation includes, in particular, sections 3(4)(g) and (l) and 319(2)(a), (f)
and (l) of the Communications Act 2003, and Articles 10 and 14 of the European
Convention on Human Rights.)
This section must be read in conjunction with Section One: Protecting the Under-
Eighteens. The rules in this section are designed not only to provide adequate
protection for adults but also to protect people under-eighteen.
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.
Rules
Generally Accepted Standards
2.1 Generally accepted standards must be applied to the contents 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.
2.2 Factual programmes or items or portrayals of factual matters must not
materially mislead the audience.
(Note to Rule 2.2: News is regulated under Section Five of the Code.)
2.3 In applying generally accepted standards broadcasters must ensure that
material which may cause offence is justified by the context (see meaning of
“context” below). 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, race, religion, beliefs and sexual orientation).
Appropriate information should also be broadcast where it would assist in
avoiding or minimising offence.
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Meaning of “context”:
Context includes (but is not limited to):
• the editorial content of the programme, programmes or series;
• the service on which the material is broadcast;
• the time of broadcast;
• what other programmes are scheduled before and after the programme or
programmes concerned;
• the degree of harm or offence likely to be caused by the inclusion of any
particular sort of material in programmes generally or programmes of a
particular description;
• the likely size and composition of the potential audience and likely expectation
of the audience;
• the extent to which the nature of the content can be brought to the attention
of the potential audience for example by giving information; and
• the effect of the material on viewers or listeners who may come across it unawares.

Violence, dangerous behaviour and suicide

2.4 Programmes must not include material (whether in individual programmes
or in programmes taken together) which, taking into account the context,
condones or glamorises violent, dangerous or seriously antisocial behaviour
and is likely to encourage others to copy such behaviour.
(See Rules 1.11 to 1.13 in Section One: Protecting the Under-Eighteens.)
2.5 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.
(See Rule 1.13 in Section One: Protecting the Under-Eighteens.)
Exorcism, the occult and the paranormal
2.6 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.
The Ofcom Broadcasting Code December 2009 17

(See Rule 1.27 in Section One: Protecting the Under-Eighteens, concerning

scheduling restrictions.)
2.7 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.
2.8 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.)

Meaning of “life-changing”:
Life-changing advice includes direct advice for individuals upon which they could
reasonably act or rely about health, finance, employment or relationships.

Hypnotic and other techniques, simulated news and

photosensitive epilepsy
2.9 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.
2.10 Simulated news (for example in drama or in documentaries) must be broadcast
in such a way that there is no reasonable possibility of the audience being misled
into believing that they are listening to, or watching, actual news.
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2.11 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.
2.12 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
2.13 Broadcast competitions and voting must be conducted fairly.
2.14 Broadcasters must ensure that viewers and listeners are not materially misled
about any broadcast competition or voting.
2.15 Broadcasters must draw up rules for a broadcast competition or vote. These
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.
2.16 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.)
Note:
For broadcast competitions and voting that involve the use of premium
rate services (PRS), broadcasters should also refer to Rules 10.9 and 10.10.
The Ofcom Broadcasting Code December 2009 19

Meaning of “broadcast competition”:

A competition or free prize draw featured in a programme in which viewers or
listeners are invited to enter by any means for the opportunity to win a prize.

Meaning of “voting”:
Features in a programme in which viewers or listeners are invited to register
a vote by any means to decide or influence, at any stage, the outcome of
a contest.
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Section Three:
Crime

(Relevant legislation includes, in particular, sections 3(4)(j) and 319(2)(b) of the

Communications Act 2003, Article 3(b) of the Audiovisual Media Services Directive,
and Article 10 of the European Convention on Human Rights.)
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.
Rules
3.1 Material likely to encourage or incite the commission of crime or to lead to
disorder must not be included in television or radio services.
3.2 Descriptions or demonstrations of criminal techniques which contain essential
details which could enable the commission of crime must not be broadcast
unless editorially justified.
3.3 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.
3.4 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.
3.5 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.
3.6 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.
The Ofcom Broadcasting Code December 2009 21

Section Four:
Religion

(Relevant legislation includes, in particular, sections 319(2)(e) and 319(6) of the

Communications Act 2003, and Articles 9, 10 and 14 of the European Convention
on Human Rights.)
The rules in this section apply to religious programmes.
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.
Rules
4.1 Broadcasters must exercise the proper degree of responsibility with respect
to the content of programmes which are religious programmes.

Meaning of a “religious programme”:

A religious programme is a programme which deals with matters of religion as the
central subject, or as a significant part, of the programme.

4.2 The religious views and beliefs of those belonging to a particular religion
or religious denomination must not be subject to abusive treatment.
4.3 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.
4.4 Religious programmes must not seek to promote religious views or beliefs
by stealth.
22 www.ofcom.org.uk

4.5 Religious programmes on television services must not seek recruits. This does
not apply to specialist religious television services. Religious programmes on
radio services may seek recruits.

Meaning of “seek recruits”:

Seek recruits means directly appealing to audience members to join a religion or
religious denomination.

4.6 Religious programmes must not improperly exploit any susceptibilities of

the audience.
(See Rules 10.13 to 10.16 in Section 10: Commercial References and Other
Matters, regarding appeals.)
4.7 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).
The Ofcom Broadcasting Code December 2009 23

Section Five:
Due Impartiality and Due Accuracy and
Undue Prominence of Views and Opinions

(Relevant legislation includes, in particular, sections 319(2)(c) and (d), 319(8) and
section 320 of the Communications Act 2003, and Article 10 of the European
Convention on Human Rights.)
This section of the Code does not apply to BBC services funded by the licence fee,
which are regulated on these matters by the BBC Trust.
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.
Rules

Meaning of “due impartiality”:

“Due” is an important qualification to the concept of impartiality. Impartiality itself
means not favouring one side over another. “Due” means adequate or appropriate
to the subject and nature of the programme. So “due impartiality” does not mean
an equal division of time has to be given to every view, or that every argument
and every facet of every argument has to be represented. The approach to due
impartiality may vary according to the nature of the subject, the type of programme
and channel, the likely expectation of the audience as to content, and the extent
to which the content and approach is signalled to the audience. Context, as defined
in Section Two: Harm and Offence of the Code, is important.

Due impartiality and due accuracy in news

5.1 News, in whatever form, must be reported with due accuracy and presented
with due impartiality.
5.2 Significant mistakes in news should normally be acknowledged and corrected
on air quickly. Corrections should be appropriately scheduled.
24 www.ofcom.org.uk

5.3 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

(Rule 5.4 applies to television and radio services except restricted services.)
5.4 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.
The preservation of due impartiality

(Rules 5.5 to 5.12 apply to television programme services, teletext services,

national radio and national digital sound programme services.)
5.5 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
The Ofcom Broadcasting Code December 2009 25

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.

5.6 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.
5.7 Views and facts must not be misrepresented. Views must also be presented
with due weight over appropriate timeframes.
5.8 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.
5.9 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.
5.10 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.)
26 www.ofcom.org.uk

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

5.11 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.

5.12 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 Ofcom Broadcasting Code December 2009 27

The prevention of undue prominence of views and opinions on matters of

political or industrial controversy and matters relating to current public policy

(Rule 5.13 applies to local radio services (including community radio services),
local digital sound programme services (including community digital sound
programme services) and radio licensable content services.)
5.13 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.
28 www.ofcom.org.uk

Section Six:
Elections and Referendums

(Relevant legislation includes, in particular, sections 319(2)(c) and 320 of the

Communications Act 2003, and Article 10 of the European Convention on Human
Rights. Broadcasters should also have regard to relevant sections of the Representation
of the People Act 1983 (as amended) (“RPA”) – see in particular sections 66A, 92
and 93 (which is amended by section 144 of the Political Parties, Elections and
Referendums Act 2000).)
This section of the Code does not apply to BBC services funded by the licence fee,
which are regulated on these matters by the BBC Trust.
Rules made under section 333 of the Communications Act 2003 (regarding party
election broadcasts, party political broadcasts and referendum campaign broadcasts)
and paragraph 18 of Schedule 12 are contained in Ofcom Rules on Party Political and
Referendum Broadcasts on the Ofcom website. However, such broadcasts are also
required to comply with the relevant provisions of this Code, for example the
provisions regarding harm and offence – notwithstanding that the content is normally
the responsibility of the relevant political parties.
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.
The Ofcom Broadcasting Code December 2009 29

Meaning of “election”:
For the purpose of this section elections include a parliamentary general election,
parliamentary by-election, local government election, mayoral 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 (to which the Political Parties,
Elections and Referendums Act 2000 applies) includes a UK-wide, national or
regional referendum but does not extend to a local referendum.

6.2 Due weight must be given to the coverage of major parties during the election
period. Broadcasters must also consider giving appropriate coverage to other
parties and independent candidates with significant views and perspectives.

Meaning of “major party”:

At present in the UK major parties are the Conservative Party, the Labour Party
and the Liberal Democrats. In addition, major parties in Scotland and Wales
respectively are the Scottish National Party and Plaid Cymru. The major parties
in Northern Ireland are the Democratic Unionist Party, Sinn Fein, Social Democratic
and Labour Party, and the Ulster Unionist Party.

Meaning of “election period”:

For a parliamentary general election, this period begins with the announcement of
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, the period begins with the dissolution of the
Scottish Parliament or, in the case of a by-election, with the date of the occurrence
of a vacancy. For the National Assembly for Wales, 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
30 www.ofcom.org.uk

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.

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.

6.4 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.)
6.5 Broadcasters may not publish the results of any opinion poll on polling day
itself until the election or referendum poll closes. (For European Parliamentary
The Ofcom Broadcasting Code December 2009 31

elections, this applies until all polls throughout the European Union
have closed.)
6.6 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.
6.7 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.
Constituency coverage and electoral area coverage in elections

(Rules 6.8 to 6.13 will only apply to S4C if S4C has adopted them under
the RPA as its Code of Practice.)
6.8 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”.

6.9 If a candidate takes part in an item about his/her particular constituency, or

electoral area, then candidates of each of the major parties must be offered the
opportunity to take part. (However, if they refuse or are unable to participate,
the item may nevertheless go ahead.)
6.10 In addition to Rule 6.9, broadcasters must offer the opportunity to take part in
constituency or electoral area reports and discussions, 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.)
32 www.ofcom.org.uk

6.11 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.
6.12 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.
6.13 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.
The Ofcom Broadcasting Code December 2009 33

Section Seven:
Fairness

(Relevant legislation includes, in particular, sections 3(2)(f) and 326 of the

Communications Act 2003 and sections 107(1) and 130 of the Broadcasting Act 1996
(as amended), Article 23 of the Audiovisual Media Services Directive and Article 10 of
the European Convention on Human Rights.)
Foreword
This section and the following section on privacy are different from other sections
of the Code. They apply to how broadcasters treat the individuals or organisations
directly affected by programmes, rather than to what the general public sees and/or
hears as viewers and listeners.
As well as containing a principle and a rule this section contains “practices to be
followed” by broadcasters when dealing with individuals or organisations participating
in or otherwise directly affected by programmes as broadcast. Following these
practices will not necessarily avoid a breach of this section of the code (Rule 7.1).
However, failure to follow these practises will only constitute a breach where it results in unfairness
to an individual or organisation in the programme. Importantly, the Code does not and cannot
seek to set out all the “practices to be followed” in order to avoid unfair treatment.
The following provisions in the next section on privacy are also relevant to this section:
• the explanation of public interest that appears in the meaning of “warranted”
under Rule 8.1 in Section Eight: Privacy;
• the meaning of surreptitious filming or recording that appears under
“practices to be followed” 8.13 in Section Eight: Privacy.
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.
34 www.ofcom.org.uk

Practices to be followed (7.2 to 7.14 below)

Dealing fairly with contributors and obtaining informed consent

7.2 Broadcasters and programme makers should normally be fair in their dealings
with potential contributors to programmes unless, exceptionally, it is justified
to do otherwise.
7.3 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.
The Ofcom Broadcasting Code December 2009 35

7.4 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.
7.5 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.
7.6 When a programme is edited, contributions should be represented fairly.
7.7 Guarantees given to contributors, for example relating to the content of a
programme, confidentiality or anonymity, should normally be honoured.
7.8 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

7.9 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.
7.10 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.
36 www.ofcom.org.uk

7.11 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.
7.12 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.
7.13 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
7.14 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.)
(See “practices to be followed” 8.11 to 8.15 in Section Eight: Privacy.)
The Ofcom Broadcasting Code December 2009 37

Section Eight:
Privacy

(Relevant legislation includes, in particular, sections 3(2)(f) and 326 of the

Communications Act 2003, sections 107(1) and 130 of the Broadcasting Act 1996
(as amended), and Articles 8 and 10 of the European Convention on Human Rights.)
Foreword
This section and the preceding section on fairness are different from other sections
of the Code. They apply to how broadcasters treat the individuals or organisations
directly affected by programmes, rather than to what the general public sees and/or
hears as viewers and listeners.
As well as containing a principle and a rule this section contains “practices to be
followed” by broadcasters when dealing with individuals or organisations participating
or otherwise directly affected by programmes, or in the making of programmes.
Following these practices will not necessarily avoid a breach of this section of the Code
(Rule 8.1). However, failure to follow these practises will only constitute a breach where results in
an unwarranted infringement of privacy. Importantly, the Code does not and cannot
seek to set out all the “practices to be followed” in order to avoid an unwarranted
infringement of privacy.
The Broadcasting Act 1996 (as amended) requires Ofcom to consider complaints
about unwarranted infringement of privacy in a programme or in connection with
the obtaining of material included in a programme. This may call for some difficult
on-the-spot judgments about whether privacy is unwarrantably infringed by filming
or recording, especially when reporting on emergency situations (“practices to be
followed” 8.5 to 8.8 and 8.16 to 8.19). We recognise there may be a strong public
interest in reporting on an emergency situation as it occurs and we understand there
may be pressures on broadcasters at the scene of a disaster or emergency that may
make it difficult to judge at the time whether filming or recording is an unwarrantable
infringement of privacy. These are factors Ofcom will take into account when
adjudicating on complaints.
Where consent is referred to in Section Eight it refers to informed consent.
Please see “practice to be followed” 7.3 in Section Seven: Fairness.
38 www.ofcom.org.uk

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.
The Ofcom Broadcasting Code December 2009 39

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.
40 www.ofcom.org.uk

• 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 Ofcom Broadcasting Code December 2009 41

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.

(See also “practices to be followed” 7.14 and 8.12 to 8.13 and 8.15.)
42 www.ofcom.org.uk

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
The Ofcom Broadcasting Code December 2009 43

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.
44 www.ofcom.org.uk

Section Nine:
Sponsorship

(Relevant legislation includes, in particular, sections 319(2)(i) and (j) and 319(4)(e)
and (f) of the Communications Act 2003, Articles 1, 3(e), 3(f) and 10(1), of the
Audiovisual Media Services Directive, and Article 10 of the European Convention
on Human Rights.)
This section of the Code does not apply to BBC services funded by the licence fee.
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; and
• editorial independence – to ensure that the broadcaster maintains
editorial control over sponsored content and that programmes
are not distorted for commercial purposes.
In this Principle, programmes include “channels” as defined below.
Rules

Meaning of “sponsored programme”, “sponsored channel” and “sponsor”:

A sponsored programme, which includes an advertiser-funded programme, is a
programme that has had some or all of its costs met by a sponsor with a view
to promoting its own or another’s name, trademark, image, activities, services,
products or any other direct or indirect interest.

A channel is a television or radio service. A sponsored channel is a channel that has

had some or all of its costs met by a sponsor with a view to promoting its own or
another’s name, trademark, image, activities, services, products or any other direct
or indirect interest.
The Ofcom Broadcasting Code December 2009 45

Costs include any part of the costs connected to the production or broadcast of the
programme or channel.

A sponsor is any public or private undertaking (other than the broadcaster or

programme producer), who is sponsoring the programme, programming or channel
in question with a view to promoting their or another’s name, trademark, image,
activities, services, products or any other direct or indirect interest. This meaning
extends to those who are otherwise supplying or funding the programme or channel.

Content that may not be sponsored

9.1 The following may not be sponsored:
• news bulletins and news desk presentations on radio; and
• news and current affairs programmes on television.

Meaning of “current affairs programme(s)”:

A current affairs programme is one that contains explanation and analysis of current
events and issues, including material dealing with political or industrial controversy
or with current public policy.

Prohibited and restricted sponsors

9.2 No channel or programme may be sponsored by a sponsor that is not allowed
to advertise on the relevant medium.
9.3 Sponsorship on radio and television must comply with both the advertising
content and scheduling rules that apply to that medium.
The content of sponsored output
9.4 A sponsor must not influence the content and/or scheduling of a channel
or programme in such a way as to impair the responsibility and editorial
independence of the broadcaster.
46 www.ofcom.org.uk

9.5 There must be no promotional reference to the sponsor, its name, trademark,
image, activities, services or products or to any of its other direct or indirect
interests. There must be no promotional generic references. Non-promotional
references are permitted only where they are editorially justified and incidental.

Meaning of “promotional reference”:

This includes, but is not limited to, references that encourage, or are intended to
encourage, the purchase or rental of a product or service.

Sponsorship credits
Television and radio

9.6 Sponsorship must be clearly identified as such by reference to the name and/or
logo of the sponsor. For programmes, credits must be broadcast at the beginning
and/or end of the programme.
9.7 The relationship between the sponsor and the sponsored channel or programme
must be transparent.
Radio

9.8 During longer sponsored output, credits must be broadcast as appropriate

to create the degree of transparency required.
9.9 Credits must be short branding statements. However, credits may contain
legitimate advertising messages.
9.10 Credits must be cleared for broadcast in the same way as advertisements.
9.11 Programme trails are treated as programmes and the same sponsorship
rules apply.
The Ofcom Broadcasting Code December 2009 47

Television

9.12 Sponsorship credits must be clearly separated from programmes by temporal

or spatial means.
9.13 Sponsorship must be clearly separated from advertising. Sponsor credits must
not contain advertising messages or calls to action. In particular, credits must
not encourage the purchase or rental of the products or services of the sponsor
or a third party.
9.14 Where a programme trail contains a reference to the sponsor of the
programme, the sponsor reference must remain brief and secondary.
48 www.ofcom.org.uk

Section Ten: Commercial

References and Other Matters

Relevant legislation includes, in particular, sections 319(2)(f) and (i) and 319(4)(e) and
(f) of the Communications Act 2003, Articles 1, 3(e), 10(1), and 18 of the Audiovisual
Media Services Directive, section 21(1) of the Financial Services and Markets Act
2000, paragraph 3 of the Investment Recommendation (Media) Regulations Act 2005,
and Article 10 of the European Convention on Human Rights.)
This section of the Code does not apply to BBC services funded by the licence fee,
which are regulated on these matters by the BBC Trust.
The rules in this section are subject to, and supplemented by, Ofcom’s Cross-
promotion Code.
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.
Rules
10.1 Broadcasters must maintain the independence of editorial control over
programme content.
10.2 Broadcasters must ensure that the advertising and programme elements
of a service are kept separate.
Products or services in programmes
10.3 Products and services must not be promoted in programmes.
This rule does not apply to programme-related material.
(See Rule 10.6.)
10.4 No undue prominence may be given in any programme to a product or service.
The Ofcom Broadcasting Code December 2009 49

Note:
“Undue prominence” may result from:
• the presence of, or reference to, a product or service (including company names,
brand names, logos) in a programme where there is no editorial justification; or
• the manner in which a product or service (including company names, brand
names, logos) appears or is referred to in a programme.

10.5 Product placement is prohibited.

Meaning of “product placement”:

Product placement is the inclusion of, or a reference to, a product or service within a
programme in return for payment or other valuable consideration to the programme
maker or broadcaster (or any representative or associate of either).

• Prop placement: For the purpose of this rule, references to products or services
acquired at no, or less than full, cost, where their inclusion within the programme is
justified editorially, will not be considered to be product placement. On television,
a brief, basic text acknowledgement of the provider of these products or services
may be included within the end credits of the programme. This is permitted only
where the identity of the product is not otherwise apparent from the programme
itself.

• Acquired programmes: With the exception of children’s programmes produced

after 19 December 2009, Rule 10.5 does not apply to arrangements covering the
inclusion of products or services in a programme acquired from outside the UK
and films made for cinema provided that no broadcaster regulated by Ofcom and
involved in the broadcast of that programme or film directly benefits from the
arrangement.
50 www.ofcom.org.uk

Children’s programmes in this context are programmes commissioned for, or

specifically directed at, audiences below the age of 16.

Broadcasters should note that all acquired programmes or films must

nevertheless comply with all other relevant rules in this Code. In relation to
references to products and services in acquired programmes that may
have resulted from commercial arrangements, broadcasters should pay
particular attention to the requirements of Sections One, Two and Ten of
the Code.

Programme-related material

10.6 Programme-related material may be promoted in programmes only where it

is editorially justified.

10.7 The broadcaster must retain responsibility for all programme-related

material.

10.8 Programme-related material may be sponsored, and the sponsor may be

credited when details of how to obtain the material is given. Any credit must
be brief and secondary, and must be separate from any credit for the
programme sponsor.

Meaning of “programme-related material”:

These are products or services that are both directly derived from a specific
programme and intended to allow listeners or viewers to benefit fully from,
or to interact with, that programme.

Premium rate numbers

10.9 Premium rate numbers will normally be regarded as products or services,

and must therefore not appear in programmes, except where:
The Ofcom Broadcasting Code December 2009 51

• they form part of the editorial content of the programme; or

• they fall within the meaning of programme-related material (see above).
10.10 Any use of premium rate numbers must comply with the Code of Practice
issued by PhonepayPlus.
Competitions
10.11 References to brands within competitions must be brief and secondary.
(See Rule 1.30 in Section One: Protecting the Under-Eighteens and Rules 2.13
to 2.16 in Section Two: Harm and Offence.)
Use of advertisements in programmes
10.12 Advertising must be clearly separated from programmes. Advertisements
must not appear in programme time, unless editorially justified.
Charity appeals
10.13 Charity appeals that are broadcast free of charge are allowed in programmes
provided that the broadcaster has taken reasonable steps to satisfy itself that:
• the organisation concerned can produce satisfactory evidence of charitable
status, or, in the case of an emergency appeal, that a responsible public
fund has been set up to deal with it; and
• the organisation concerned is not prohibited from advertising on the
relevant medium.
10.14 Where possible, the broadcast of charity appeals, either individually or
taken together over time, should benefit a wide range of charities.
Appeals for funds for programmes or services
10.15 Broadcasters may broadcast appeals for donations to make programmes or
fund their service. The audience must be told of the purpose of the donation
and how much has been raised as a result of the appeal. All donations must be
separately accounted for and used for the purpose for which they were donated.
52 www.ofcom.org.uk

Financial promotions and investment recommendations

10.16 When broadcasting financial promotions and investment recommendations
broadcasters must comply with the relevant provisions in Appendix 4 to
this Code.

Meaning of “financial promotion(s)”:

A financial promotion is an invitation or inducement to engage in investment
activity (in accordance with section 21(1) of the Financial Services and Markets
Act 2000 (Restrictions on financial promotion).)

Meaning of “investment recommendation(s)”:

An investment recommendation occurs when someone directly recommends
a particular investment decision, for example, buying or selling a particular
share or underwriting a particular share offer.
The Ofcom Broadcasting Code December 2009 53

Virtual advertising

Television

10.17 The use of electronic imaging systems during broadcast coverage of an event
must comply with the following requirements:

• broadcasters and viewers must be informed in advance of the presence of

virtual images;

• virtual advertising may only replace existing on-site advertising – virtual

advertising messages must not be more visible or conspicuous than the actual
advertising at the venue;

• rules relating to prohibited advertisers also apply to virtual advertising;

and the broadcaster may not trade in virtual advertising.

Meaning of “virtual advertising”:

Virtual advertising normally (but not exclusively) takes place at events, for example,
sporting events, and involves altering the broadcast signal to replace existing
venue advertising with other advertising in the television picture (potentially
targeted at a particular geographical audience).
54 www.ofcom.org.uk
The Ofcom Broadcasting Code December 2009 55

Appendix 1

Extracts from the Communications Act 2003

Section 3: General duties of OFCOM
(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.
(2) The things which, by virtue of subsection (1), OFCOM are required to secure in
the carrying out of their functions include, in particular, each of the following:
(e) the application, in the case of all television and radio services, of standards
that provide adequate protection to members of the public from the
inclusion of offensive and harmful material in such services;
(f) the application, in the case of all television and radio services, of standards
that provide adequate protection to members of the public and all other
persons from both:
(i) unfair treatment in programmes included in such services; and
(ii) unwarranted infringements of privacy resulting from activities carried
on for the purposes of such services.
(4) OFCOM must also have regard, in performing those duties, to such of the
following as appear to them to be relevant in the circumstances:
(b) the desirability of promoting competition in relevant markets;
(g) the need to secure that the application in the case of television and radio
services of standards falling within subsection (2)(e) and (f) is in the manner
that best guarantees an appropriate level of freedom of expression;
(h) the vulnerability of children and of others whose circumstances appear
to OFCOM to put them in need of special protection;
56 www.ofcom.org.uk

(j) the desirability of preventing crime and disorder;

(k) the opinions of consumers in relevant markets and of members of the public
generally;
(l) the different interests of persons in the different parts of the United Kingdom,
of the different ethnic communities within the United Kingdom and of persons
living in rural and in urban areas.
Section 319: OFCOM’s standards code
(1) It shall be the duty of OFCOM to set, and from time to time to review and
revise, such standards for the content of programmes to be included in television
and radio services as appear to them best calculated to secure the standards
objectives.
(2) The standards objectives are:
(a) that persons under the age of eighteen are protected;
(b) that material likely to encourage or to incite the commission of crime
or to lead to disorder is not included in television and radio services;
(c) that news included in television and radio services is presented with due
impartiality and that the impartiality requirements of section 320 are
complied with;
(d) that news included in television and radio services is reported with due
accuracy;
(e) that the proper degree of responsibility is exercised with respect to the
content of programmes which are religious programmes;
(f) that generally accepted standards are applied to the contents of television
and radio services so as to provide adequate protection for members of the
public from the inclusion in such services of offensive and harmful material;
(g) that advertising that contravenes the prohibition on political advertising
set out in section 321(2) is not included in television or radio services;
The Ofcom Broadcasting Code December 2009 57

(h) that the inclusion of advertising which may be misleading, harmful

or offensive in television and radio services is prevented;
(i) that the international obligations of the United Kingdom with respect to
advertising included in television and radio services are complied with;
(j) that the unsuitable sponsorship of programmes included in television and
radio services is prevented;
(k) that there is no undue discrimination between advertisers who seek to have
advertisements included in television and radio services; and
(l) that there is no use of 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.
(3) The standards set by OFCOM under this section must be contained in one
or more codes.
(4) In setting or revising any standards under this section, OFCOM must have
regard, in particular and to such extent as appears to them to be relevant
to the securing of the standards objectives, to each of the following matters:
(a) the degree of harm or offence likely to be caused by the inclusion of any
particular sort of material in programmes generally, or in programmes
of a particular description;
(b) the likely size and composition of the potential audience for programmes
included in television and radio services generally, or in television and radio
services of a particular description;
(c) the likely expectation of the audience as to the nature of a programme’s
content and the extent to which the nature of a programme’s content can
be brought to the attention of potential members of the audience;
(d) the likelihood of persons who are unaware of the nature of a programme’s
content being unintentionally exposed, by their own actions, to that content;
58 www.ofcom.org.uk

(e) the desirability of securing that the content of services identifies when there
is a change affecting the nature of a service that is being watched or listened
to and, in particular, a change that is relevant to the application of the
standards set under this section; and
(f) the desirability of maintaining the independence of editorial control over
programme content.
(5) OFCOM must ensure that the standards from time to time in force under this
section include:
(a) minimum standards applicable to all programmes included in television and
radio services; and
(b) such other standards applicable to particular descriptions of programmes,
or of television and radio services, as appear to them appropriate for
securing the standards objectives.
(6) Standards set to secure the standards objective specified in subsection (2)
(e) shall, in particular, contain provision designed to secure that religious
programmes do not involve:
(a) any improper exploitation of any susceptibilities of the audience for such
a programme; or
(b) any abusive treatment of the religious views and beliefs of those belonging
to a particular religion or religious denomination.
(7) In setting standards under this section, OFCOM must take account of such of
the international obligations of the United Kingdom as the Secretary of State
may notify to them for the purposes of this section.
(8) In this section “news” means news in whatever form it is included in a service.
The Ofcom Broadcasting Code December 2009 59

Section 320: Special impartiality requirements

(1) The requirements of this section are:
(a) the exclusion, in the case of television and radio services (other than a
restricted service within the meaning of section 245), from programmes
included in any of those services of all expressions of the views or opinions
of the person providing the service on any of the matters mentioned in
subsection (2);
(b) the preservation, in the case of every television programme service, teletext
service, national radio service and national digital sound programme
service, of due impartiality, on the part of the person providing the service,
as respects all of those matters;
(c) the prevention, in the case of every local radio service, local digital sound
programme service or radio licensable content service, of the giving of
undue prominence in the programmes included in the service to the views
and opinions of particular persons or bodies on any of those matters.
(2) Those matters are:
(a) matters of political or industrial controversy; and
(b) matters relating to current public policy.
(3) Subsection (1)(a) does not require:
(a) the exclusion from television programmes of views or opinions relating to
the provision of programme services; or
(b) the exclusion from radio programmes of views or opinions relating to the
provision of programme services.
(4) For the purposes of this section:
(a) the requirement specified in subsection (1)(b) is one that (subject to any rules
under subsection (5)) may be satisfied by being satisfied in relation to a series
of programmes taken as a whole;
60 www.ofcom.org.uk

(b) the requirement specified in subsection (1)(c) is one that needs to be satisfied
only in relation to all the programmes included in the service in question,
taken as a whole.
(5) OFCOM’s standards code shall contain provision setting out the rules to be
observed in connection with the following matters:
(a) the application of the requirement specified in subsection (1)(b);
(b) the determination of what, in relation to that requirement, constitutes a
series of programmes for the purposes of subsection (4)(a);
(c) the application of the requirement in subsection (1)(c).
(6) Any provision made for the purposes of subsection (5)(a) must, in particular,
take account of the need to ensure the preservation of impartiality in relation
to the following matters (taking each matter separately):
(a) matters of major political or industrial controversy, and
(b) major matters relating to current public policy, as well as of the need
to ensure that the requirement specified in subsection (1)(b) is satisfied
generally in relation to a series of programmes taken as a whole.
(7) In this section “national radio service” and “local radio service” mean,
respectively, a sound broadcasting service which is a national service within the
meaning of section 245 and a sound broadcasting service which is a local service
within the meaning of that section.
Section 321: Objectives for advertisements and sponsorship
(1) Standards set by OFCOM to secure the objectives mentioned in section 319(2)
(a) and (g) to (j):
(a) must include general provision governing standards and practice in
advertising and in the sponsoring of programmes; and
(b) may include provision prohibiting advertisements and forms and
methods of advertising or sponsorship (whether generally or in particular
circumstances).
The Ofcom Broadcasting Code December 2009 61

Section 325: Observance of standards code

(1) The regulatory regime for every programme service licensed by a Broadcasting
Act licence includes conditions for securing:
(a) that standards set under section 319 are observed in the provision of that
service; and
(b) that procedures for the handling and resolution of complaints about the
observance of those standards are established and maintained.
Section 326: Duty to observe fairness code
The regulatory regime for every programme service licensed by a Broadcasting
Act licence includes the conditions that OFCOM consider appropriate for securing
observance:
(a) in connection with the provision of that service, and
(b) in relation to the programmes included in that service; of the code for the
time being in force under section 107 of the 1996 Act (the fairness code).
Broadcasting Act 1996 (as amended)
Chapter 55
Unjust or unfair treatment or unwarranted infringement of privacy
Section 107
(1) It shall be the duty of Ofcom to draw up, and from time to time review, a code
giving guidance as to principles to be observed and practices to be followed in
connection with the avoidance of:
(a) unjust or unfair treatment in programmes to which this section applies; or
(b) unwarranted infringement of privacy in, or in connection with the obtaining
of material included in, such programmes.
62 www.ofcom.org.uk

Appendix 2

Extracts from the Audiovisual Media Services

Directive (Directive 89/552/EEC, as amended by
4
Directive 97/36/EC and by Directive 2007/65/EC)
Article 1
For the purposes of this Directive:
(a) ‘audiovisual media service’ means:
- a service as defined by Articles 49 and 50 of the Treaty which is under the
editorial responsibility of a media service provider and the principal
purpose of which is the provision of programmes in order to inform,
entertain or educate, to the general public by electronic communications
networks within the meaning of Article 2(a) of Directive 2002/21/EC.
Such an audiovisual media service is either a television broadcast as
defined in point (e) of this Article or an on-demand audiovisual media
service as defined in point (g) of this Article,
and/or

- audiovisual commercial communication;

(b) ‘programme’ means a set of moving images with or without sound
constituting an individual item within a schedule or a catalogue
established by a media service provider and whose form and content is
comparable to the form and content of television broadcasting. Examples of
programmes include feature-length films, sports events, situation comedies,
documentaries, children’s programmes and original drama;

4. A codification of the provisions has been proposed by the European Commission in order to consolidate
the requirements into a single directive. The new Directive, which will replace the existing version, is
expected to be adopted and brought into force during 2010. Although the new Directive will fully preserve
the content of the existing legislation it will lead to a renumbering of provisions which will need to be
reflected in this Code. We will carry out this exercise at the appropriate time.
The Ofcom Broadcasting Code December 2009 63

(c) ‘editorial responsibility’ means the exercise of effective control both over
the selection of the programmes and over their organisation either in
a chronological schedule, in the case of television broadcasts, or in a
catalogue, in the case of on-demand audiovisual media services.
Editorial responsibility does not necessarily imply any legal liability under
national law for the content or the services provided;
(d) ‘media service provider’ means the natural or legal person who has editorial
responsibility for the choice of the audiovisual content of the audiovisual
media service and determines the manner in which it is organised;
(e) ‘television broadcasting’ or ‘television broadcast’ (i.e. a linear audiovisual
media service) means an audiovisual media service provided by a media
service provider for simultaneous viewing of programmes on the basis of a
programme schedule;
(f) ‘broadcaster’ means a media service provider of television broadcasts;
(g) ‘on-demand audiovisual media service’ (i.e. a non-linear audiovisual media
service) means an audiovisual media service provided by a media service
provider for the viewing of programmes at the moment chosen by the user
and at his individual request on the basis of a catalogue of programmes
selected by the media service provider;
(h) ‘audiovisual commercial communication’ means images with or without
sound which are designed to promote, directly or indirectly, the goods,
services or image of a natural or legal entity pursuing an economic activity.
Such images accompany or are included in a programme in return for
payment or for similar consideration or for self-promotional purposes. Forms
of audiovisual commercial communication include, inter alia, television
advertising, sponsorship, teleshopping and product placement;
(i) ‘television advertising’ means any form of announcement broadcast whether
in return for payment or other similar consideration or broadcast for self-
promotional purposes by a public or private undertaking in connection with
a trade, business, craft or profession in order to promote the supply of goods
64 www.ofcom.org.uk

or services, including immovable property, rights and obligations, in return

for payment;
(j) ‘surreptitious audio visual commercial communication’ means the
representation in words or pictures of goods, services, the name, the
trademark or the activities of a producer of goods or a provider of services
in programmes when such representation is intended by the broadcaster
to serve advertising and might mislead the public as to its nature. Such
representation is considered to be intentional in particular if it is done in
return for payment or for similar consideration;
(k) ‘sponsorship’ means any contribution made by a public or private
undertaking or natural person not engaged in providing audiovisual media
services or in the production of audio-visual works, to the financing of
audio-visual media services with a view to promoting its name, its trade
mark, its image, its activities or its products.
(l) ‘teleshopping’ means direct offers broadcast to the public with a view to
the supply of goods or services, including immovable property, rights and
obligations, in return for payment;
(m) ‘product placement’ means any form of audiovisual commercial
communication consisting of the inclusion of or reference to a product, a
service or the trade mark thereof so that it is featured within a programme,
in return for payment or for similar consideration;
Provisions applicable to all audiovisual media services
Article 3b
Member States shall ensure by appropriate means that audiovisual media
services provided by media service providers under their jurisdiction do not
contain any incitement to hatred based on race, sex, religion or nationality.
The Ofcom Broadcasting Code December 2009 65

Article 3e
1. Member States shall ensure that audiovisual commercial communications
provided by media service providers under their jurisdiction comply with
the following requirements:
(a) audiovisual commercial communications shall be readily recognisable
as such. Surreptitious audiovisual commercial communication shall be
prohibited;
(b) audiovisual commercial communications shall not use
subliminal techniques;
(c) audiovisual commercial communications shall not:
(i) prejudice respect for human dignity;
(ii) include or promote any discrimination based on sex, racial or ethnic
origin, nationality, religion or belief, disability, age or sexual orientation;
(iii) encourage behaviour prejudicial to health or safety;
(iv) encourage behaviour grossly prejudicial to the protection of the
environment;
(d) all forms of audiovisual commercial communications for cigarettes and
other tobacco products shall be prohibited;
(e) audiovisual commercial communications for alcoholic beverages shall
not be aimed specifically at minors and shall not encourage immoderate
consumption of such beverages;
(f) audiovisual commercial communication for medicinal products and medical
treatment available only on prescription in the Member State within whose
jurisdiction the media service provider falls shall be prohibited;
(g) audiovisual commercial communications shall not cause physical or moral
detriment to minors. Therefore they shall not directly exhort minors to buy
66 www.ofcom.org.uk

or hire a product or service by exploiting their inexperience or credulity,

directly encourage them to persuade their parents or others to purchase
the goods or services being advertised, exploit the special trust minors
place in parents, teachers or other persons, or unreasonably show minors in
dangerous situations.
2. Member States and the Commission shall encourage media service
providers to develop codes of conduct regarding inappropriate audiovisual
commercial communication, accompanying or included in children’s
programmes, of foods and beverages containing nutrients and substances
with a nutritional or physiological effect, in particular those such as fat,
trans-fatty acids, salt/sodium and sugars, excessive intakes of which in the
overall diet are not recommended.
Article 3f
1. Audiovisual media services or programmes that are sponsored shall meet
the following requirements:
(a) their content and, in the case of television broadcasting, their scheduling
shall in no circumstances be influenced in such a way as to affect the
responsibility and editorial independence of the media service provider;
(b) they shall not directly encourage the purchase or rental of goods or services,
in particular by making special promotional references to those goods or
services;
(c) viewers shall be clearly informed of the existence of a sponsorship
agreement. Sponsored programmes shall be clearly identified as such by the
name, logo and/or any other symbol of the sponsor such as a reference to its
product(s) or service(s) or a distinctive sign thereof in a appropriate way for
programmes at the beginning, during and/or the end of the programmes.
2. Audiovisual media services or programmes shall not be sponsored by
undertakings whose principal activity is the manufacture or sale of cigarettes
and other tobacco products.
The Ofcom Broadcasting Code December 2009 67

3. The sponsorship of audiovisual media services or programmes by

undertakings whose activities include the manufacture or sale of medicinal
products and medical treatment may promote the name or the image of the
undertaking, but shall not promote specific medicinal products or medical
treatments available only on prescription in the Member State within whose
jurisdiction the media service provider falls.
4. News and current affairs programmes shall not be sponsored. Member
States may choose to prohibit the showing of a sponsorship logo during
children’s programmes, documentaries and religious programmes.
Article 3g
1. Product placement shall be prohibited.
2. By way of derogation from paragraph 1, product placement shall be
admissible unless a Member State decides otherwise:
in cinematographic works, films and series made for audiovisual media
services, sports programmes and light entertainment programmes, or
where there is no payment but only the provision of certain goods or services
free of charge, such as production props and prizes, with a view to their
inclusion in a programme.
The derogation provided for in the first indent shall not apply to children’s
programmes.
Programmes that contain product placement shall meet at least all of the
following requirements:
(a) their content and, in the case of television broadcasting, their scheduling
shall in no circumstances be influenced in such a way as to affect the
responsibility and editorial independence of the media service provider;
(b) they shall not directly encourage the purchase or rental of goods or services,
in particular by making special promotional references to those goods or
services;
68 www.ofcom.org.uk

(c) they shall not give undue prominence to the product in question;
(d) viewers shall be clearly informed of the existence of product placement.
Programmes containing product placement shall be appropriately identified
at the start and the end of the programme, and when a programme resumes
after an advertising break, in order to avoid any confusion on the part of the
viewer.
By way of exception, Member States may choose to waive the requirements
set out in point (d) provided that the programme in question has neither
been produced nor commissioned by the media service provider itself or a
company affiliated to the media service provider.
3. In any event programmes shall not contain product placement of:
tobacco products or cigarettes or product placement from undertakings
whose principal activity is the manufacture or sale of cigarettes and other
tobacco products, or
specific medicinal products or medical treatments available only on
prescription in the Member State within whose jurisdiction the media
service provider falls.
4. The provisions of paragraphs 1, 2 and 3 shall apply only to programmes
produced after 19 December 2009.

Television advertising and teleshopping

Article 10
1. Television advertising and teleshopping shall be readily recognisable and
distinguishable from editorial content. Without prejudice to the use of new
advertising techniques, television advertising and teleshopping shall be kept
quite distinct from other parts of the programme by optical and/or acoustic
and/or spatial means.
The Ofcom Broadcasting Code December 2009 69

2. Isolated advertising and teleshopping spots, other than in transmissions of

sports events, shall remain the exception.
Article 11
1. Member States shall ensure, where television advertising or teleshopping is
inserted during programmes, that the integrity of the programmes, taking
into account natural breaks in and the duration and the nature of the
programme, and the rights of the right holders are not prejudiced.
2. The transmission of films made for television (excluding series, serials
and documentaries), cinematographic works and news programmes
may be interrupted by television advertising and/or teleshopping once
for each scheduled period of at least thirty minutes. The transmission of
children’s programmes may be interrupted by television advertising and/or
teleshopping once for each scheduled period of at least 30 minutes, provided
that the scheduled duration of the programme is greater than 30 minutes.
No television advertising or teleshopping shall be inserted during religious
services.
Article 18
1. The proportion of television advertising spots and teleshopping spots within
a given clock hour shall not exceed 20%.
2. Paragraph 1 shall not apply to announcements made by the broadcaster
in connection with its own programmes and ancillary products directly
derived from those programmes, sponsorship announcements and product
placements.
Article 19
The provisions of this Directive shall apply mutatis mutandis to television
channels exclusively devoted to advertising and teleshopping as well as to
television channels exclusively devoted to self-promotion. Chapter III as well
as Article 11 and Article 18 shall not apply to these channels.
70 www.ofcom.org.uk

Protection of minors in television broadcasting

Article 22
1. Member States shall take appropriate measures to ensure that television
broadcasts by broadcasters under their jurisdiction do not include any
programmes which might seriously impair the physical, mental or moral
development of minors, in particular programmes that involve pornography
or gratuitous violence.
2. The measures provided for in paragraph 1 shall also extend to other
programmes which are likely to impair the physical, mental or moral
development of minors, except where it is ensured, by selecting the time
of the broadcast or by any technical measure, that minors in the area of
transmission will not normally hear or see such broadcasts.
3. Furthermore, when such programmes are broadcast in un-encoded form
Member States shall ensure that they are preceded by an acoustic warning
or are identified by the presence of a visual symbol throughout their
duration.

Right of reply in television broadcasting

Article 23
1. Without prejudice to other provisions adopted by the Member States
under civil, administrative or criminal law, any natural or legal person,
regardless of nationality, whose legitimate interests, in particular reputation
and good name, have been damaged by an assertion of incorrect facts in
a television programme must have a right of reply or equivalent remedies.
Member States shall ensure that the actual exercise of the right of reply
or equivalent remedies is not hindered by the imposition of unreasonable
terms or conditions. The reply shall be transmitted within a reasonable time
subsequent to the request being substantiated and at a time and in a manner
appropriate to the broadcast to which the request refers.
The Ofcom Broadcasting Code December 2009 71

2. A right of reply or equivalent remedies shall exist in relation to all

broadcasters under the jurisdiction of a Member State.
3. Member States shall adopt the measures needed to establish the right of
reply or the equivalent remedies and shall determine the procedure to be
followed for the exercise thereof. In particular, they shall ensure that a
sufficient time span is allowed and that the procedures are such that the
right of reply or equivalent remedies can be exercised appropriately by
natural or legal persons resident or established in other Member States.
4. An application for exercise of the right of reply or the equivalent remedies
may be rejected if such a reply is not justified according to the conditions
laid down in paragraph 1, would involve a punishable act, would render the
broadcaster liable to civil law proceedings or would transgress standards of
public decency.
5. Provision shall be made for procedures whereby disputes as to the exercise of
the right of reply or the equivalent remedies can be subject to judicial review.
72 www.ofcom.org.uk

Appendix 3

European Convention on Human Rights:

Articles 8, 9, 10 and 14
Article 8
1. Everyone has the right to respect for his private and family life, his home
and his correspondence.
2. There shall be no interference by a public authority with the exercise of
this right except such as is in accordance with the law and is necessary in a
democratic society in the interests of national security, public safety or the
economic well-being of the country, for the prevention of disorder or crime,
for the protection of health or morals, or for the protection of the rights and
freedoms of others.
Article 9
 1. Everyone has the right to freedom of thought, conscience and religion; this right
includes freedom to change his religion or belief and freedom, either alone or
in community with others and in public or private, to manifest his religion or
belief, in worship, teaching, practice and observance.
 2. Freedom to manifest one’s religion or beliefs shall be subject only to such
limitations as are prescribed by law and are necessary in a democratic society in
the interests of public safety, for the protection of public order, health or morals,
or for the protection of the rights and freedoms of others.
Article 10
1. Everyone has the right to freedom of expression. This right shall include
freedom to hold opinions and to receive and impart information and ideas
without interference by public authority and regardless of frontiers. This Article
shall not prevent States from requiring the licensing of broadcasting, television
or cinema enterprises.
The Ofcom Broadcasting Code December 2009 73

2. The exercise of these freedoms, since it carries with it duties and responsibilities,
may be subject to such formalities, conditions, restrictions or penalties as are
prescribed by law and are necessary in a democratic society, in the interests
of national security, territorial integrity or public safety, for the prevention
of disorder or crime, for the protection of health or morals, for the protection
of the reputation or the rights of others, for preventing the disclosure of
information received in confidence, or for maintaining the authority and
impartiality of the judiciary.
Article 14
1. The enjoyment of the rights and freedoms set forth in this Convention shall
be secured without discrimination on any ground such as sex, race, colour,
language, religion, political or other opinion, national or social origin,
association with a national minority, property, birth or other status.
74 www.ofcom.org.uk

Appendix 4

Financial Promotions and Investment

Recommendations
(See Rule 10.16 in the Code.)
Financial Promotions
1. Section 21 of the Financial Services and Markets Act 2000 prohibits anyone,
in the course of business, from communicating an invitation or inducement to
engage in investment activity. This is commonly referred to as “the financial
promotion restriction”. There are a number of exemptions to the financial
promotion restriction and these are set out in the Financial Services and
Markets Act 2000 (Financial Promotion) Order 2005.3 Two of these exemptions
are of particular relevance to broadcasters: Article 20 of that Order contains an
exemption in respect of communications by journalists, and Article 20A of that
Order contains an exemption in respect of promotions broadcast by a company
director or employee of a company. This note sets out binding guidance on how
broadcasters can take advantage of the exemptions to the financial promotion
restriction.

Meaning of “financial promotion”:

A financial promotion is an invitation or inducement to engage in investment activity
(in accordance with section 21(1) of the Financial Services and Markets Act 2000
(Restrictions on financial promotion)).

Exemption in respect of communications by journalists

(Article 20 exemption)
2. The exemption for communications by journalists applies to any non-real time
financial promotion they prepare while acting as journalists. For the exemption
to apply to broadcast journalists the financial promotion must be in either:

3 S.I. 2005/1529
The Ofcom Broadcasting Code December 2009 75

• a regularly updated news or information service (such as a website or

teletext service); or
• a television or radio broadcast or transmission,
and the main purpose of the broadcast must not be to advise on, or lead or
enable people to buy or sell, securities or contractually-based investments.
3. Where the subject matter of the financial promotion is shares and the
financial promotion identifies directly a person who issues or provides the
shares, journalists must also fulfil a disclosure requirement to benefit from
the exemption.

Meaning of “share”:
Share means any share in a company and includes a derivative on such a share
(including traded options).

Disclosure requirement:
A financial interest would be subject to disclosure where the journalist (or a close
family member) would be likely to get a financial benefit or avoid a financial loss if
people acted in line with the financial promotion. Where that is the case, the journalist
or editor responsible for the financial promotion must declare the nature of any
financial interest they (or their close family member) hold.
Note: The disclosure requirement is subject to certain exceptions, set out in paragraphs
4 to 6 below.

Meaning of “close family member”:

Close family member means a spouse and children under eighteen years of age.

4. The exceptions to the disclosure requirement are where the financial promotion
is in either:
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• a service or broadcast which has proper systems and procedures which

prevent the publication of communications without disclosure of financial
interests; or
• a service or broadcast which falls within the remit of:
– the Code of Practice issued by the Press Complaints Commission;
– the Ofcom Broadcasting Code; or
– the Producer’s Guidelines issued by the BBC.
5. If a broadcaster wishes to take advantage of the Article 20 exemption for
journalists, it has a choice. The broadcaster can either:
• comply with the disclosure requirement; or
• put in place proper systems and procedures which prevent the broadcast
of financial promotions without disclosure of financial interests.
6. The Financial Services Authority (the “FSA”) suggests that the second option in
paragraph 5 above could be achieved by, for example, the broadcaster requiring
people working on financial programmes to declare and register their share
ownership. This register would be available to the most senior editorial staff
who can ensure that self-interested promotions are not broadcast by the person
concerned. The FSA would also expect relevant staff to be required to be
made aware of the existence of this register and of their obligations to disclose
financial interests, and to confirm their acceptance of these obligations in
writing.
Promotion broadcast by company director etc (Article 20A exemption)
7. The main purpose of the exemption for promotions broadcast by company
directors is to guard against the possibility that, during the course of a
broadcast interview or a live website presentation, a financial promotion is
made inadvertently by a director or employee of a company or other business
undertaking when that person is not acting as a journalist.
The Ofcom Broadcasting Code December 2009 77

8. Provided that the financial promotion made is not made as part of an organised
marketing campaign, the exemption applies where the financial promotion:
• comprises words which are spoken by the director or employee and not
broadcast, transmitted or displayed in writing; or
• is displayed in writing only because it is part of an interactive dialogue to
which the director or employee is a party and in the course of which that
person is expected to respond immediately to questions put by a recipient
of the communication.
The exemption also requires that the director or employee is identified as
such in the financial promotion before it is communicated.
Investment recommendations
9. The Investment Recommendation (Media) Regulations came into force on
1 July 2005. They impose standards on those who are, through the media,
producing investment recommendations or disseminating investment
recommendations produced by a third party. The standards require that the
information is fairly presented, and there is disclosure of significant interests
in an investment someone is recommending or of any conflicts of interest.
If someone is regulated by the FSA because of their activity in producing
investment recommendations or disseminating investment recommendations
produced by a third party, they will be subject instead to rules of the FSA.

Meaning of “investment recommendation”:

An investment recommendation occurs when someone directly recommends a
particular investment decision, for example buying or selling a particular share
or underwriting a particular share offer.
78 www.ofcom.org.uk

10. There are exemptions from the Regulations for those producing or
disseminating regulations in the media where self-regulation is in place,
including where the Ofcom Broadcasting Code applies.
11. The Regulations are interpreted by Ofcom to apply to its licensees and
S4C as follows. Where people working on programmes make an investment
recommendation themselves, the broadcaster must ensure that:
• the identity of the person making the recommendation is clear;
• the investment recommendation is presented fairly; and
• any financial interest that may reasonably be expected to impair
the objectivity of that recommendation is disclosed.

Meaning of “presented fairly”:

This means that reasonable care should be taken that:
• facts are distinguished from non-factual information
(for example opinions and estimates);
• where there is doubt whether a source is reliable this is indicated; and
• all projections, forecasts and price targets are described as such.

12. Where people working on programmes disseminate an investment

recommendation made by a third party the broadcaster must ensure:
• the identity of the company making the programme is clear; and
• where a summary of a recommendation is produced, it is clear and not
misleading and a reference is made to the producer of the recommendation.
13. In addition, where people working on programmes either recommend an
investment recommendation or disseminate a recommendation made by a third
party, the broadcaster must ensure that a clear reference is made during the
programme to the fact that it is regulated by the Ofcom Broadcasting Code.
This requirement would be fulfilled, for example, by including such a reference
in the credits at the end of the programme.
The Ofcom Broadcasting Code December 2009 79

Meaning of “people working on programmes”:

This means people employed by the broadcaster or working for or as an
independent producer who makes a programme for the broadcaster.

Note:
Where a television or radio programme features someone regulated by the FSA who
makes an investment recommendation, that person’s compliance with the FSA
rules is the responsibility of that person and not the broadcaster. If a person working
on a programme interviews someone who is not regulated by the FSA who makes
an investment recommendation, responsibility again lies with the interviewee not
the broadcaster to ensure his/her compliance with the Regulations.
80 www.ofcom.org.uk

The Ofcom Broadcasting Code Index

References are to the section announcements,

and rule numbers. personal view programmes, 5.10
programme content information,
accident reporting, 8.16, 8.17, 8.18,
1.7, 2.3, 2.12, Appendix 2
8.19, Foreword to Section 8
antisocial behaviour,
accuracy,
portrayal of, 2.4
in news programmes,
5.1, 5.2, Appendix 1 appeals,
in competitions, 2.16 broadcasters, 10.15
charity, 10.13, 10.14
adult content,
disasters and emergencies, 10.13
and the watershed, 1.6
“appropriate scheduling”,
adult programmes and films, 1.17,
meaning of, 1.3
1.18, 1.19, 1.23, 1.25, 1.26
archive footage,
advertising,
use of, 7.8, 8.10
misleading, Appendix 1
political, Appendix 1 Audiovisual Media Services
separation from programmes, Directive, 1, 1.2, 3, 7, 9,
10.2, 10.12, Appendix 2 10, Appendix 2
separation from sponsorship, 9.13
authored programmes,
standards, Appendix 1, Appendix 2
meaning of, 5.10
virtual advertising, 10.17
BBC, see British Broadcasting
age,
Corporation
discriminatory treatment or language
on grounds of, 1.14, 1.15, 1.16, 2.3 BBFC, see British Board of Film
Classification
alcohol abuse,
portrayal of, 1.10 balance, see impartiality
ambulances,
consents for filming and broadcast,
8.8
The Ofcom Broadcasting Code December 2009 81

beliefs, religious editorial control and independence,

discriminatory treatment or language 9.4, 10.1, Appendix 1
on grounds of, 1.14, 1.15, 1.16, 2.3 observance of the watershed,
freedom of, Appendix 3 1.4, 1.6, 1.7
respect for, 4.2 protection of under-eighteens, 1.2
regard to times that children are
bereavement and the right to
particularly likely to be listening,
privacy, 8.16, 8.17, 8.18, 8.19, 8.22
1.3, 1.5
brand names, responsibilities in reporting sex cases
references to, 10.3, 10.4, 10.11 involving the under-eighteens, 1.8,
1.9
breakfast-time programmes,
views and opinions on political,
1.3, 1.5
industrial and public policy
brief duration images, 2.12, matters, 5.4, 5.5
Appendix 1
Broadcasting Act 1996,
British Board of Film Classification 7, 8, Appendix 1
(BBFC), 1.17, 1.22, 1.23, 1.24, 1.25,
candidates in elections,
1.26
appearances in programmes,
British Broadcasting Corporation, 6.6, 6.7, 6.9, 6.10, 6.11, 6.12, 6.13
BBC Trust, 5, 6, 10 meaning of, 6.2
non-application of the Broadcasting
charities,
Code to BBC services, 5, 6, 9, 10
appeals, 10.13, 10.14, Appendix 2
Producer’s Guidelines, Appendix 4
children,
broadcast competitions and voting,
and alcohol abuse, 1.10
1.30, 2.13, 2.14, 2.15, 2.16, 10.11
and appropriate scheduling,
broadcasters, 1.3, 1.4, 1.5
and elections and referendums, and demonstrations of exorcism,
6.2, 6.3, 6.5, 6.10 occult practices and the paranormal,
appeals for funds to make 1.19
programmes, 10.15 and drug abuse,1.10
compliance with the Code, and films on television, 1.22, 1.23,
Appendix 1 1.24, 1.25
82 www.ofcom.org.uk

and information about programme Communications Act 2003,

content, 1.7 1, 2, 3, 4, 5, 6, 7, 8, 9, 10,
and offensive language in Appendix 1 passim
programmes, 1.14, 1.15, 1.16
community radio stations, 5.13
and portrayal of sexual behaviour,
1.20, competitions and voting, 1.30,
Appendix 2 2.13, 2.14, 2.15, 2.16, 10.11
and premium subscription or pay per
complaints, 8, Appendix 1
view services, 1.4, 1.18, 1.23, 1.24,
1.25, concealed recording and filming,
and radio listening, 1.5, 1.6, 1.7, 1.10, 7.14, 8.12, 8.13, 8.14, 8.15
1.11, 1.12, 1.13, 1.14, 1.16, 1.20,
confidentiality of contributors,
1.27 4.7
7.7
and religious programmes, 4.7
and smoking, 1.10 consents for broadcast, 7.14, 8.4,
and the watershed, 1.4, 1.6, 1.7, 1.10, 8.5, 8.6, 8.7, 8.8, 8.12, 8.15
1.11, 1.12, 1.13, 1.14, 1.16, 1.19,
consents for filming, 1.28, 7.3, 7.4,
1.20, 1.21, 4.7
7.5, 8.4, 8.5, 8.7, 8.8, 8.21, 8.22
and violence in programmes, 1.11,
1.12, 2.4, Appendix 2 Conservative Party, 6.2
identification in court cases, 1.8, 1.9
constituency reports, 6.8, 6.9,
imitation of dangerous behaviour,
6.10, 6.11, 6.12, 6.13
1.13, 2.4
interviewing of, 7.4, 8.22 “context”,
meaning of, 1.3 justification of, 1.7, 1.16, 1.19, 1.21,
participating in programmes, 1.28, 2.3, 2.4, 2.5
1.29, 1.30 meaning of, 2.3
privacy, 8.20, 8.21, 8.22
contributors,
prizes in children’s programmes, 1.30
confidentiality, 7.7
protection by “appropriate
consents, 7.3, 7.4, 7.5
scheduling”, 1.3, 1.4, 1.5
contractual rights, 7.3
reports of court proceedings, 1.8, 1.9
criminals as, 3.3
cinema films, see films
The Ofcom Broadcasting Code December 2009 83

fairness to, 7.2, 7.3, 7.4, 7.5, 7.6, demonstrations,

7.7, 7.8 of criminal techniques, 3.2
under-eighteens, 1.28, 1.29 of exorcism, occult and paranormal
under-sixteens, 7.4, 7.5, 8.21 practices, 1.27, 2.6, 2.7, 2.8
of hypnotism, 2.9
court proceedings coverage, 1.8, 1.9,
3.4, 3.5 disability,
discriminatory treatment or language
crime,
on grounds of, 1.14, 1.15, 1.16, 2.3
incitement to, 3.1, Appendix 1
prevention, Appendix 1, Appendix 3 disasters,
reporting, 1.8, 1.9, 3.1, 3.2, 3.6, appeals, 10.13
8.16, 8.18, 8.19 reporting, 8.16, 8.17, 8.18, 8.19,
Foreword to 8
criminal techniques,
demonstration of, 3.2 disclosure of financial interests,
Appendix 4
criminals,
interviews with, 3.3 discussion programmes,
elections and referendums, 6.1, 6.2,
current affairs programmes,
6.3, 6.4, 6.9, 6.10, 6.11, 6.12
impartiality in, 5.4, 5.5, 5.6, 5.7, 5.8,
impartiality of chairs, 5.9
5.9, 5.10, 5.11, 5.12, 5.13
meaning of, 9.1 disorder,
politicians in, 5.3, 6.2, 6.3, 6.6, 6.7, incitement to, 3.1, Appendix 1
6.9, 6.10, 6.11, 6.12, 6.13 prevention, Appendix 1, Appendix 3
sponsorship prohibited, 9.1,
distress and suffering,
Appendix 2
and right to privacy, 8.16, 8.17, 8.18
dangerous behaviour, and under-eighteens, 1.29
portrayal of, 1.13 in past events, 8.19
portrayal of, 2.3
dementia, people with,
rights to privacy, 8.22 divination,
demonstrations of, 2.6, 2.7, 2.8
Democratic Unionist Party, 6.2
84 www.ofcom.org.uk

documentary programmes, drug abuse in programmes, 1.10, 2.4

demonstration of criminal
“due impartiality”,
techniques, 3.2
meaning of, 5
impartiality, 5.4, 5.5, 5.6, 5.7, 5.8,
see also impartiality
5.9, 5.10, 5.11, 5.12, 5.13
use of reconstructions, 7.9, 7.10, 8.19 editing,
use of simulated news, 2.10 fair representation, 7.6
donations, editorial control and independence,
to charity appeals, 10.13, 10.14 9.4, 10.1, Appendix 1
to make programmes, 10.15
elections and referendums, 6 passim
doorstepping interviews, 8.11, 8.15 and party election broadcasts, 6
and party political broadcasts, 6
drama,
constituency reports, 6.8, 6.9, 6.10,
dramatised reconstructions, 7.9, 7.10,
6.11, 6.12, 6.13
8.19
coverage, 6.1, 6.2, 6.3, 6.4
exorcism and paranormal in, 1.27,
designated “major parties”, 6.2
2.6, 2.7, 2.8
designated organisations, 6.3
fairness, 7.10
discussion and analysis programmes,
portrayal of dangerous behaviour,
6.4, 6.11
1.13, 2.4
Electoral Commission, 6.3
portrayal of sex and nudity, 1.17, 1.18,
European Parliament, 6.1, 6.2, 6.13
1.19, 1.21, 2.3
local government, 6.1, 6.2, 6.8,
portrayal of violence, 1.11, 1.12,
London Assembly, 6.1, 6.2, 6.13
use of offensive language, 1.14, 1.15,
meaning of election and referendum,
1.16, 2.3
6.1
use of simulated news, 2.10
Northern Ireland Assembly, 6.1, 6.2,
drama-documentaries, 2.2, 7.10, 8.19 6.13
opinion poll results, 6.5
dramatised reconstructions, 7.9,
programme appearances by
8.19
candidates, 6.2, 6.6, 6.7, 6.9, 6.10,
drinking in programmes 6.11, 6.12, 6.13
(alcohol abuse), 1.10, 2.4
The Ofcom Broadcasting Code December 2009 85

Scottish Parliament, 6.1, 6.2, 6.13 expression, freedom of,

Welsh Assembly, 6.1, 6.2, 6.13 Appendix 1, Appendix 3
electoral area, FSA, see Financial Services Authority
meaning of, 6.8
factual matters,
emergencies, portrayal of, 2.2
appeals, 10.13
factual programmes,
reporting, 8, 8.16, 8.17, 8.18
contributors to, 1.28, 1.29,7.3, 7.4,
entertainment programmes, 7.5, 7.6, 7.7, 7.9, 7.10, 7.12, 7.14,
portrayal of paranormal activity, 8.21, 8.22
1.27, 2.7, 2.8 coverage of dangerous behaviour,
use of doorstepping interviews, 8.15 1.13, 2.4
coverage of sex and nudity, 1.17, 1.18,
epilepsy,
1.19, 1.20, 1.21
precautions for viewers with, 2.12
coverage of sexual offences, 1.8, 1.9
ethnic minorities, coverage of violence, 1.11, 1.12, 2.4
discriminatory treatment on grounds demonstration of exorcism and
of race, 2.3, Appendix 1 paranormal, 1.27, 2.6, 2.8
discussion programmes, see
European Broadcasting Directive,
discussion programmes
see Audiovisual Media Services
doorstepping for, 8.11, 8.15
Directive
fair treatment, 7 passim
European Convention on Human impartiality, 5.1, 5.2, 5.3, 5.4, 5.5,
Rights, 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12,
Appendix 3 5.13
misleading, 2.2
European Parliament, 6, 6.1, 6.2,
news, 5.1, 5.2, 5.3, 5.4, 5.5, 5.6, 5.7,
6.13
5.8, 5.10, 5.11, 5.12, 5.13
European Union, offensive language in, 1.14, 1.15, 1.16,
broadcasting in, Appendix 2 2.3
personal view programmes, 5.9, 5.10
exorcism,
surreptitious filming and recording,
demonstrations of, 1.27, 2.6, 2.7, 2.8,
7.14, 8.12, 8.13, 8.14, 8.15
4.7
86 www.ofcom.org.uk

fairness, 7 passim, Appendix 1 8.18, 8.19

avoidance of unfair or unjust surreptitious. 7.14, 8.12, 8.13,
treatment, 7.1 8.14,8.15
complaints about, Appendix 1 under-eighteens, 1.28, 1.29, 1.30,
in competitions, 2.13, 2.14, 2.15, 2.16 8.21, 8.22
in conduct of interviews, 7.3
films (cinema and video)
in drama and drama-documentary,
classification, 1.22, 1.23, 1.24,
7.10
1.25, 1.26
in editing, 7.6
15-rated, 1.24
in factual programming, 7.9, 7.10
18-rated, 1.23, 1.25
in reusing material, 7.8, 8.10
on pay per view services, 1.23, 1.25,
in revisiting past events, 7.9, 8.10
on premium subscription services,
material obtained through deception,
1.24
7.14
PG-rated, 1.24, 1.25
opportunity for response, 7.11
R18-rated, 1.26
to contributors, 7.2, 7.3, 7.4, 7.5, 7.6,
U-rated, 1.24, 1.25
7.7
to views of non-participants, 7.12, financial promotions,
7.13 10.16, Appendix 4
filming and recording, Financial Services and Markets Act
consents for, 7.3, 7.4, 7.5, 8.4, 8.5, 8.6, 2000, 10, 10.16, Appendix 4
8.7, 8.8, 8.12, 8.16, 8.21, 8.22
Financial Services and Markets
doorstepping, 8.11, 8.15
Act 2000 (Financial Promotion)
in institutions, 8.8
Order 2001, Appendix 4
in public places, 8.4, 8.11
infringement of privacy, 8, 8.5, 8.6, Financial Services Authority (FSA),
8.7 Appendix 4
obtaining material, 8.1, 8.4, 8.5, 8.7,
flashing lights and patterns, 2.13
8.8, 8.9, 8.10, 8.11, 8.12, 8.13, 8.14,
8.15, 8.16, 8.17 freedom,
recorded telephone calls, 7.14, 8.12, of expression, Appendix 1,
8.13 Appendix 3
suffering and distress, 1.27, 8.16, 8.17,
The Ofcom Broadcasting Code December 2009 87

of thought and religious belief, 5.6, 5.7, 5.8, 5.9, 5.10, 5.11, 5.12,
Appendix 3 6.8, 6.9, 6.10, 6.11
in election programmes, 6 passim
fund-raising programmes, 10.13,
10.14, 10.15 in news programmes, 5.1, 5.3, 5.4,
5.5, 5.6, 5.7, 5.8, 5.9, 5.11, 5.12,
games shows, 2.13, 2.14, 2.15, 2.16,
6.4, Appendix 1
10.11
in ‘personal view’ programmes, 5.9,
gender, 5.10
discriminatory treatment or language in series of programmes, 5.5, 5.6, 5.7,
on grounds of, 2.3 5.8, 5.9, 5.10, 5.11, 5.12
in single programmes, 5.5, 5.11
harm and offence, 2 passim,
meaning of “due impartiality”, 5
Appendix 1
of chairs of discussion programmes,
harmful material, 5.9
protection from, 2.1, Appendix 1 undue prominence of views and
opinions, 5.4, 5.13
hidden microphones and cameras,
7.14, 8.13, 8.14, 8.15 incest,
use of term, 1.8
hijacking reports, 3.6
incitement,
hospitals,
to crime and disorder, 3.1,
consents for filming in, 8.8
Appendix 1
hypnotism, 2.9 to racial hatred, Appendix 2
identification of young victims or industrial controversy,
witnesses in court cases, 1.8, 1.9 due impartiality on 5.4, 5.5, 5.9, 5.10,
5.11, 5.12, 6.1, Appendix 1
ill people,
meaning of, 5.4, 5.11
rights to privacy, 8.22
undue prominence of views and
impartiality, 5 passim, Appendix 1 opinions on 5.13
in current affairs and documentaries,
information about content for
5.4, 5.5, 5.6, 5.7, 5.8, 5.9, 5.10,
children, 1.7
5.11, 5.12, 5.13
in discussion programmes, 5.4, 5.5,
88 www.ofcom.org.uk

information announcements, Investment Recommendation

1.7, 2.3, 2.12, Appendix 2 (Media) Regulations Act 2005,
10, Appendix 4
interviewees,
rights of, 1.28, 1.29, 7.3, 7.4, 7.5, 7.6, investment recommendations,
7.7, 8.22 10.16, Appendix 4
interviewers, kidnapping reports, 3.6
impartiality of, 5.8, 5.9
Labour Party, 6.2
politicians used as, 5.3, 6.6
language, offensive,
interviews,
and children, 1.14, 1.15, 1.16, 2.3
conduct of, 7.2, 7.3, 7.4, 7.5, 7.7, 7.12,
8.11 Liberal Democrat Party, 6.2
consents for, 7.3, 7.4, 7.5, 7.14, 8.4,
licensees (Ofcom), see broadcasters
8.11, 8.12, 8.21, 8.22
(except BBC and S4C)
doorstepping, 8.11, 8.15
editing of, 7.6 local digital sound services, 5.13,
in institutions, 8.8 Appendix 1
re-use of recorded material, 7.8, 8.10
local government,
surreptitious filming or recording of,
election coverage, 6 passim
7.14, 8.13, 8.15
telephone, 8.12 local radio services, 5.13, Appendix 1
use of hidden cameras and
London Assembly elections, 6.1, 6.2,
microphones, 7.14, 8.13, 8.14, 8.15
6.13
with children and young people
under sixteen, 1.28, 1.29, 7.4, 7.5, MPs, see politicians
8.20, 8.21, 8.22
mandatory restricted access, 1.18,
with criminals, 3.3
1.24, 1.25
with people in distress, 8.17
with victims of accidents or crime, medicines,
8.16, 8.17, 8.19 sponsorship, Appendix 2
with witnesses in court cases, 3.4, 3.5
mentally ill,
investigative reporting, 8.9, 8.11,
rights to privacy, 8.22
8.12, 8.13, 8.14
The Ofcom Broadcasting Code December 2009 89

mind influencing techniques, Northern Ireland Act 1998, 6.3

2.9, 2.11, Appendix 1
nudity in programmes, 1.18
minorities,
occult practices,
interests of, Appendix 1
demonstrations of, 1.27, 2.6, 2.7, 2.8
minors, see under-eighteens
Ofcom,
misleading representation of Broadcasting Code, Appendix 1,
factual matters, 2.2 Appendix 4
complaints on infringement of
misrepresentation of views and
privacy, Foreword to Section 8
opinions, 5.7, 5.12
cross-promotion code, 10
national digital sound services, 5.5, general duties, Appendix 1
Appendix 1 Rules on Party Political and
Referendum Broadcasts, 6
national radio services, 5.5,
Appendix 1 offence, 2 passim, 2.1, 2.3, Appendix 1
news programmes, offensive language, 1.14, 1.15, 1.16,
accuracy, 5.1, 5.2, Appendix 1 2.3
and impartiality, 5.1, 5.3,
offensive material,
5.4, 5.5, 5.6, 5.7, 5.8, 5.10, 5.11,
protection from, 2.1, Appendix 1
5.12,Appendix 1
appearances by politicians, 5.3, 6.6 old people,
corrections to mistakes, 5.2 discriminatory treatment, 2.3
prohibited from sponsorship, 9.1
opinion polls, 6.5
right of reply, 7.11, Appendix 2
simulated news bulletins, 2.10 opinions,
of broadcasters and service providers,
newsreaders,
5.4, Appendix 1
politicians as, 5.3, 6.6
of presenters and reporters, 5.9
Northern Ireland,
paranormal demonstrations,
Assembly elections, 6.1, 6.2, 6.13
1.27, 2.6, 2.7, 2.8
referendums, 6.3
90 www.ofcom.org.uk

party election broadcasts, 6 Political Parties, Elections and

Referendums Act 2000,
party political broadcasts, 6
6, 6.1
payments,
politicians,
to criminals, 3.3
as newsreaders, interviewers or
to witnesses, 3.4
presenters, 5.3, 6.6
pay per view services, 1.4, 1.18, 1.23, in election programmes, 6.2, 6.3, 6.9,
1.25 6.10, 6.11, 6.12, 6.13
in non-political programmes, 6.7
personal view programmes,
and impartiality, 5.9, 5.10 premium rate number services,
meaning of, 5.10 10.9, 10.10
PhonepayPlus, 10.10 premium subscription film
services, 1.4, 1.18, 1.24
phone-ins, 5.9, 5.10, 8.6
presenters,
photosensitive epilepsy,
declaration of personal interest, 5.8
precautions for viewers with, 2.12
expression of own views, 5.9
Plaid Cymru, 6.2 politicians as, 5.3, 6.6
prisons,
police stations,
consents for filming, 8.8
filming in, 8.8
privacy, right to, 8 passim, Appendix 3
political advertising, Appendix 1
complaints of infringement, 8
political controversy, consents, 8.4, 8.5, 8.6, 8.7, 8.8, 8.16,
and due impartiality, 5.4, 5.5, 5.6, 8.21, 8.22
5.7, 5.8, 5.9, 5.10, 5.11, 5.12, 6.1 disclosure of person’s homes or
Appendix 1 addresses, 8.2
and undue prominence, 5.13 doorstepping filming, 8.11, 8.15
meaning of, 5.3, 5.11 for under-sixteens, 8.20, 8.21, 8.22
in public places, 8.4, 8.11
political parties,
of people in the news, 8.3
meaning of, 6.2
The Ofcom Broadcasting Code December 2009 91

suffering and distress, 8.16, 8.17, 8.19 psychic practices, 1.27, 2.6, 2.7, 2.8
“warranted” infringement, 8.1
public interest, 3.3, 3.5, 7.3, 7.14, 8.1,
re-use of material, 8.10
8.13
prizes,
public places,
in competitions, 2.16, 10.11
filming in, 8.4, 8.11
in children’s programmes, 1.30
public policy,
products and services,
impartiality on, 5.4, 5.5, 5.6, 5.7, 5.8,
in competitions, 10.11
5.9, 5.10, 5.11, 5.12, 5.13
placement, 10.5
undue prominence to views and
references to brand names, 10.3, 10.4,
opinions on, 5.13, Appendix 1
10.11
publications related to
profanity, 1.14, 1.15, 1.16, 2.3, 4.2
programmes,
programme-related materials, 10.3, promotion of, 10.6, 10.7, 10.8
10.6, 10.7, 10.8, 10.9
race
meaning of, 10.8
discrimatory treatment or language
sponsorship, 10.8
on grounds of, 1.14, 1.15, 1.16, 2.3
programme series,
radio services, Appendix 1
meaning of, 5.6, 5.5, Appendix 1
and child listeners, 1.3, 1.5, 1.6, 1.7,
programme sponsorship, 1.10, 1.11, 1.12, 1.13, 1.14, 1.16,
see sponsorship 1.20, 1.27, 4.7
charity appeals, 10.13, 10.14,
programme trails, 9.11, 9.14
funds for programmes, 10.15
promotions, sponsorship, 9 passim
financial, 10.16, Appendix 4
radio licensable content service,
in sponsored programming, 9.5
Appendix 1
of commercial products and services,
10.3, 10.4 rape,
of religious views and beliefs, 4.4, 4.5 coverage of, 1.8, 2.3
psychiatric patients, reconstructions, 7.9, 8.19
rights to privacy, 8.22
92 www.ofcom.org.uk

recorded material, reporters,

re-use of, 7.8, 8.10 declaration of personal interests, 5.8
expression of own views and
recruiting for religion, 4.5
opinions, 5.9
referendums, 6 passim politicians as, 5.3, 6.6
meaning of, 6.1
reporting court cases, 1.8, 1.9, 3.4,
opinion polls, 6.5
3.5
period of, 6.3
Representation of the People Act
religion, 4 passim
1983, 6, 6.2, 6.8
discriminatory treatment or language
on grounds of, 1.14, 1.15, 1.16, 2.3 right of reply, 7.11, Appendix 2
religious beliefs, 4 passim S4C, see Sianel Pedwar Cymru
freedom of, Appendix 3
scheduling,
promotion of, 4.4
and children 1.3, 1.4, 1.5, 1.6, 1.7,
recruitment to, 4.5
Appendix 2
respect for, 4.2
meaning of “appropriate” scheduling,
religious programmes, 2.8, 4 passim, 1.3
Appendix 1
school holidays,
abusive treatment, 4.2
scheduling to take account of, 1.3
and children, 4.7
exploiting audience susceptibilities, schools,
4.6 consents for filming in, 8.8
identification of religion or
Scotland,
denomination, 4.3
Parliament elections, 6.1, 6.2, 6.13
meaning of, 4.1
promotion of religious beliefs, 4.4 Scottish National Party, 6.2
seeking recruits, 4.5
set-up situations, 7.14, 8.15
reply, right of, 7.11, Appendix 2
sex cases in court,
identification of under-eighteens,
1.8, 1.9
The Ofcom Broadcasting Code December 2009 93

sexual behaviour, of television programmes, 9.1, 9.2,

portrayal of, 1.20 9.3, 9.4, 9.5, 9.6, 9.7, 9.12, 9.13,
violent, 2.3 9.14
prohibited or restricted sponsors, 9.2,
sexual material, 1.17, 1.18, 1.19, 1.20
9.3, Appendix 2
sexual orientation, separation from advertising, 9.13
discriminatory treatment or language trails, 9.11, 9.14
on grounds of, 1.14, 1.15, 1.16, 2.3
standards in broadcasting, 2.1, 2.3,
Sianel Pedwar Cymru (S4C), Appendix 1
Appendix 4
subliminal images on television,
Election and Referendum Code of
2.11, Appendix 1
Practice, 6.8
subscription channels,
simulated news bulletins, 2.10
see premium subscription services
Sinn Fein, 6.2
suffering and distress,
smoking in programmes, 1.10 and rights to privacy, 8.16, 8.17, 8.18
in past events, 8.19
Social Democratic and Labour
Party, 6.2 suicide,
portrayal of, 1.13, 2.5
solvent abuse in programmes, 1.10
surreptitious filming and
sponsored channel, meaning of, 9
recording, 7.14, 8.12, 8.13, 8.14,
sponsorship, 9 passim, Appendix 1 8.15
content of, 9.4, 9.5
swearing in programmes, 1.14, 1.15,
credits, 9.6, 9.7, 9.8, 9.9, 9.10, 9.11,
1.16, 2.3
9.12, 9.13, 9.14
non-sponsorable programmes, 9.1, telephone interviews,
Appendix 2 recording of, 7.14, 8.12
of programmes, 9.1, 9.4, 9.5
teletext services, 5.5, Appendix 1
of programme-related materials, 10.8
of radio programmes, 9.1, 9.2, 9.3,
9.4, 9.5, 9.6, 9.7, 9.8, 9.9, 9.10, 9.11
94 www.ofcom.org.uk

television services, Appendix 1 and identification in court cases, 1.8,

advertising, 10.17, Appendix 2 1.9
and children, 1.3, 1.4, 1.6, 1.7, 1.10, protection of, 1.1, 1.2, Appendix 1,
1.11, 1.12, 1.13, 1.14, 1.15, 1.16, Appendix 2
1.20, 1.21, 1.27, 1.30, 7.4, 7.5, 8.20, taking part in programmes, 1.28,
8.21, 8.22 1.29
and under-eighteens, 1.2, 1.8, 1.9,
Under-fifteens, see children
1.28, 1.29, 1.30, 7.4, 7.5, 8.20,
8.21, 8.22 Under-sixteens,
charity appeals, 10.13, 10.14 as contributors to programmes,
due impartiality, 5 passim, 7.4, 7.5
Appendix 1 rights to privacy, 8.20, 8.21, 8.22
films on, 1.22, 1.23, 1.24, 1.25, 1.26
undue prominence,
funds for programmes, 10.15
to products and services in
observance of the watershed, 1.4, 1.6,
programmes, 10.3, 10.4, 10.5
1.7, 1.10, 1.11, 1.12, 1.13, 1.14, 1.16,
of views and opinions on matters of
1.20, 1.21, 1.23, 1.27
political or industrial controversy,
sponsorship, 9.1, 9.2, 9.3, 9.4, 9.5,
5.13, Appendix 1
9.6, 9.7, 9.12, 9.13, 9.14
viewers with photosensitive epilepsy, victims of crime, disasters or
2.13 accidents,
interviews with, 8.17
terrorism,
reporting, 1.8, 1.9, 8.16, 8.18, 8.19
coverage of, 3.1, 3.6, 8.16, 8.17, 8.18,
8.19 violence and dangerous behaviour,
and children, 1.11, 1.12, 1.13, 2.4,
trails, 9.11, 9.14
Appendix 2
trials, reporting of, 1.8, 1.9, 3.4, 3.5 and the watershed, 1.11, 1.12, 1.13
effects of, 1.11, 2.4
Ulster Unionist Party, 6.2
portrayal of, 2.3, 2.4, Appendix 1
Under-eighteens
virtual advertising, 10.17
and alcohol, drugs and solvent abuse,
and smoking 1.10 voting and competitions, 1.30, 2.13,
2.14, 2.15, 2.16, 10.11
The Ofcom Broadcasting Code December 2009 95

vulnerable people,
interviews with, 7.5, 8.21, 8.22
meaning of, 8.22
rights to privacy, 8.20
Wales,
Assembly elections, 6.1, 6.2, 6.13
warning announcements, 2.3, 2.12,
Appendix 2
“watershed,”
and exorcism and paranormal
demonstrations, 1.27
and films, 1.23
and offensive language, 1.14, 1.16
and portrayal of sex and nudity, 1.20,
1.21, 1.23
and violence and dangerous
behaviour, 1.11, 1.12, 1.13
information for pre-watershed
content, 1.7
meaning of, 1.4
observance by television broadcasters,
1.4
transition to adult material, 1.6
Welsh Assembly elections, 6.1, 6.2,
6.13
wind-up calls, 7.14, 8.15
witnesses in court cases, 1.8, 1.9, 3.4,
3.5
young people, see under-eighteens
96 www.ofcom.org.uk
The Ofcom Broadcasting Code December 2009 97

Cross-promotion Code
Effective from 10 July 2006

Publication date: 10 July 2006

Contents
1: Introduction

2: Legislative
background to
the Code

3: Principles

4: Rules

5: Guidance

6: General guidance
on the
Cross-promotion
CodePrinciples

Rules

Guidance

General guidance
on the Cross-
promotion Code
98 www.ofcom.org.uk

Introduction
1.1 Subject to this Cross-promotion Code (‘the Code’), television broadcasters are
able to promote programmes, channels and other broadcasting-related services
without such promotions being considered advertising and included in the
calculation of advertising minutage.
1.2 The amount of advertising that may be broadcast on a television channel is
restricted by the Rules on Amount and Distribution of Advertising (‘RADA’) ¹.
RADA imposes a maximum on the amount of advertising that can be shown
in a given hour and over any one day. For the purposes of RADA, the term
‘advertising’ is used to refer to any form of promotional announcement
broadcast in return for payment or similar consideration.
1.3 The Code replaces the rules regulating the promotion of programmes, channels
and related services on commercial television issued by the ITC in January
2002 and takes effect from 10 July 2006.
1.4 The Code applies to television services regulated by Ofcom. However, it does
not apply to BBC services funded by the licence fee or grant in aid.
All references to ‘licensees’ should be interpreted accordingly.
1.5 The Code applies to promotions outside programmes only.
1.6 Within programmes, references to all products and services, including
broadcasting-related services, are subject to the rules in Section 10 (Commercial
References) of the Broadcasting Code.
1.7 The Ofcom Broadcasting Code applies in the usual way to the content of
promotions outside programmes, unless otherwise stated in the guidance on
Section 10 of the Broadcasting Code.

1. RADA was replaced by the Code on Scheduling TV Advertising (COSTA) on 1 September 2008.
COSTA is available at http://www.ofcom.org.uk/tv/ifi/codes/code_adv/
The Ofcom Broadcasting Code December 2009 99

Legislative background to the Code

2.1 Under Ofcom’s powers to issue broadcasting licences under the Broadcasting
Acts 1990 and 1996, broadcasting licences may contain such conditions as
Ofcom considers appropriate having regard to the duties imposed on Ofcom
under the Broadcasting Acts and Communications Act 2003. Under the
Communications Act 2003 Ofcom also has the power to approve codes for the
purposes of a provision contained in a licence.
2.2 Under section 316 of the Communications Act 2003 Ofcom has the power to
include conditions which Ofcom considers appropriate for ensuring fair and
effective competition. All television broadcasting licences currently contain
a fair and effective competition licence condition. This condition requires
licensees to comply with any code or guidance approved by Ofcom for the
purpose of ensuring fair and effective competition.
2.3 Section 319 of the Communications Act 2003 imposes a duty on Ofcom to set
standards to secure, amongst other things,that the international obligations
of the United Kingdom with respect to advertising in television services are
complied with. These international obligations include those contained in the
Audiovisual Media Services Directive (Directive 89/552/EEC, as amended by
Directive 97/36/EC and by Directive 2007/65/EC).
2.4 Broadcasters should bear in mind the legislative background that has informed
the rules, the principles that apply to each section, the meanings given by
Ofcom and the guidance issued by Ofcom, in this Code and in the Broadcasting
Code, all of which may be relevant in interpreting and applying the Code.
100 www.ofcom.org.uk

Principles
3.1 There are two key principles which the Rules contained in Section 4 of the
Code are designed to reflect:
i) ensuring that cross-promotions on television are distinct from advertising and
inform viewers of services that are likely to be of interest to them as viewers; and
ii) ensuring that promotions on television outside programmes do not prejudice
fair and effective competition (and, in particular, ensuring that, as television
broadcasting in the United Kingdom switches from analogue to digital
transmission, consumers are made aware of the various platforms and digital
retail TV services through which they can receive broadcasting services and
that this is done in such a way that will avoid the distortion of fair and effective
competition).
Rules
Meanings

‘Broadcasting-related Services’:
include all broadcasting activities licensable by Ofcom, for example television and
radio services. They also include other services with a ‘broadcasting feel’, that is,
services which deliver content similar to that delivered on a television or radio
service. In addition, a website that provides content clearly and directly related to a
Broadcasting-related Service may itself be a Broadcasting-related Service.

‘Cross-promotions’:
are promotions, on a channel, of programmes and Broadcasting-related Services, that
are not Self-promotions.

‘Licensees’:
are the companies and legal entities which hold a broadcasting licence granted by
Ofcom pursuant to the Broadcasting Act 1990 (as amended by the Broadcasting Act
1996 and the Communications Act 2003).
The Ofcom Broadcasting Code December 2009 101

‘Promotions’:
are Self-promotions and Cross-promotions.

‘Self-promotions’:
are promotions on a channel for that same channel and/or for programmes
broadcast on that channel.

Broadcasting-related services
4.1 All licensees and S4C shall ensure that Cross-promotions are limited to
Broadcasting-related Services.
Platform and retail TV service neutrality

4.2 The following rule shall apply to the analogue services of Channel 3, Channel 4
and Channel 5 licensees (‘the Main Commercial Terrestrial Broadcasters’).
The Main Commercial Terrestrial Broadcasters shall ensure that Promotions
to analogue households for Broadcasting-related Services that mention a digital
retail television service and/or digital television broadcasting platform treat all
major digital retail television services and/or digital platforms in an equal and
impartial manner. In particular:
(a) promotions that refer to a digital retail television service, such as Freeview or
Sky, must also name all other digital retail television services on which the
Broadcasting-related Service is available;
(b) promotions that refer to a particular digital platform, such as digital terrestrial
television (‘DTT’) or cable, must refer to all other digital platforms on which
the Broadcasting-related Service is available. Generic promotions for digital
television are permitted if they do not specifically mention any particular
platform; and
(c) promotions must treat digital retail television services and/or digital platforms
equally in respect of all aspects mentioned, such as pricing, brand names,
availability and packages.
102 www.ofcom.org.uk

Guidance
5.1 This guidance is non-binding and will be reviewed from time to time to reflect
Ofcom’s experiences with individual cases. It is provided to assist licensees in
interpreting and applying the Code. Every complaint or case will be dealt with
on a case by case basis according to the individual facts of the case.
Broadcasting-related services

5.2 Ofcom does not wish to be prescriptive in defining the term ‘Broadcasting-
related Services’. Depending on the individual facts, it may include a service
whereby audiovisual content is delivered over a mobile or broadband platform,
and video-on-demand. It is distinct from ‘programme-related material’, which
is defined in Section 10 of the Broadcasting Code.
Cross-promotion relationships

5.3 Certain relationships between broadcasters (which are based on shareholdings

or voting power) create a rebuttable presumption that there are sufficient
incentives for the promoting channel to provide another channel or
broadcasting-related service with free airtime without the need for additional
consideration. In these specific circumstances Ofcom would not, in the absence
of evidence to the contrary, consider these Cross-promotions to be advertising.
However, if Ofcom believes that payment or some other consideration has
passed or is passing between the parties, these types of arrangements could
be investigated under the advertising minutage rules and may be counted as
advertising minutage.
5.4 The relevant relationships that create this presumption of sufficient incentives
are as follows:
(i) the Licence Holder for the promoting channel has a shareholding of 30% or
more (or voting power of 30% or more) in the Licence Holder for the promoted
channel;
The Ofcom Broadcasting Code December 2009 103

(ii) the Licence Holder for the promoted channel has a shareholding of 30% or
more (or voting power of 30% or more) in the Licence Holder for the promoting
channel; or2
(iii) the Actual Licence Holder for the promoted channel and promoting
channel are the same.
5.5 For the purposes the relevant relationships outlined in paragraph 5.43 :

‘Actual Licence Holder’ means: the legal entity or company which holds the
broadcasting licence granted by Ofcom pursuant to the Broadcasting Act 1990 (as
amended by the Broadcasting Act 1996 and the Communications Act 2003); and

‘Licence holder’ means: the Actual Licence Holder or any legal entity or company
which has a 30% or more shareholding (or 30% or more voting power) in the Actual
Licence Holder.

5.6 If there is less than a 30% shareholding (or less than 30% voting power), there
may be insufficient incentives for a broadcaster to provide another channel
or service with free airtime and broadcasters will need to demonstrate that
no consideration has passed between the parties and that Cross-promotion is
justified on the basis of other incentives.
5.7 In the case of Cross-promotions between Channel 3 licence holders, there will
be a rebuttable presumption that no consideration has passed.

2 Please note that, since publication of the cross-promotion statement on 9 May 2006, this part of the
guidance has been revised by adding the word “or”. This amendment has been made to make clear that in
order to create the rebuttable presumption explained in paragraph 5.3, a broadcaster only needs to satisfy
one of the three relationships which are outlined in paragraph 5.4.
3 Please note that, since publication of the cross-promotion statement on 9 May 2006, this part of the
guidance has been revised by adding the text “For the purposes the relevant relationships outlined in
paragraph 5.4”. This amendment has been made to make clear that the definitions only apply to the
relationships outlined in paragraph 5.4.
104 www.ofcom.org.uk

5.8 These presumptions do not apply to public service announcements, charity

appeals broadcast free of charge, announcements required by Ofcom and
information to viewers broadcast in accordance with an Ofcom requirement,
which are already excluded from paid for advertising by RADA. In particular,
information to viewers broadcast in accordance with requirements to inform
viewers about digital switchover is excluded.
Platform and retail TV service neutrality
5.9 This guidance relates to the platform and retail TV service neutrality
requirements that are imposed on Channel 3 licensees, Channel 4 and Five
(‘the Main Commercial Terrestrial Broadcasters’).
5.10 For reasons of practicality and also relevance to viewers, Ofcom considers
that it is reasonable to limit the number of platform and retail TV services that
need to be mentioned by the Main Commercial Terrestrial Broadcasters.
Ofcom considers that a 500,000 customer base (‘the materiality threshold’)
represents an appropriate threshold for these purposes as this captures the
major platforms and retail TV services which have wide ranging availability
throughout the UK.
5.11 At the time of drafting, Ofcom considers that the retail TV services which are
likely to satisfy the materiality threshold are as follows:
• the digital satellite retail TV services operated by Sky
• the digital cable retail TV services operated by NTL/Telewest
• the digital terrestrial retail TV services provided by Freeview
5.12 The Main Commercial Terrestrial Broadcasters will need to review which
platform and retail TV services meet the materiality threshold from time
to time. Ofcom considers that data provided in Ofcom’s ‘Digital Television
Update’ publications would be one appropriate source of information on
customer numbers for these purposes.
The Ofcom Broadcasting Code December 2009 105

5.13 Whilst the materiality threshold does not appear to be met for any particular
retail TV services available via the broadband platform, Ofcom still considers
that it will be appropriate for the Main Commercial Terrestrial Broadcasters to
refer to broadband TV4.
5.14 For the avoidance of doubt, the Main Commercial Terrestrial Broadcasters
must still comply with the neutrality requirement if, instead of making a generic
reference to smaller digital platforms, they refer to the availability of their
channels on a specific digital platform or retail TV service which does not
satisfy the materiality threshold (e.g. by mentioning a particular brand name).
Therefore, the materiality threshold operates in a way which gives the Main
Commercial Terrestrial Broadcasters a choice of either referring specifically to
all the smaller digital platforms and retail TV services where their channels are
available within the relevant reception area or making a generic reference such
as “available on other digital platforms”.
5.15 Ofcom would recommend that the Main Commercial Terrestrial Broadcasters
use the following two phrases when referring to appropriate platforms or retail
TV services:
• If the broadcaster only wishes to mention platforms: “available on satellite,
cable, digital TV through your aerial, or broadband TV5”
• If the broadcaster wishes to mention retail TV service brands: “available on
Sky, NTL/Telewest, Freeview or other digital platforms”6

4 Please note that, since publication of the cross-promotion statement on 9 May 2006, this part of the
guidance has been revised by adding ‘TV’ after the word ‘broadband’ in the last sentence. The amendment
has been made to give further clarity.
5 Please note that, since publication of the cross-promotion statement on 9 May 2006, this part of the
guidance has been revised by replacing the text “available on satellite, cable, digital TV through your aerial
or over broadband” with “available on satellite, cable, digital TV through your aerial, or broadband TV”.
This amendment has been made to give further clarity.
6 This phrase is intended to reflect the current branding of the retail TV services which satisfy the
materiality threshold. The main commercial terrestrial broadcasters who are subject to the platform
neutrality requirement will need to amend such a phrase to reflect any branding changes made to the retail
TV services.
106 www.ofcom.org.uk

General guidance on the Cross-promotion Code

6.1 It is the responsibility of the broadcaster to comply with the Cross-promotion
Code.
6.2 Ofcom can offer general guidance on the interpretation of the Cross-promotion
Code. However, any such advice is given on the strict understanding that it will
not affect Ofcom’s discretion to judge cases and complaints after transmission
and will not affect the exercise of Ofcom’s regulatory responsibilities.
Broadcasters should seek their own legal advice on any compliance issues
arising. Ofcom will not be liable for any loss or damage arising from reliance on
informal guidance.

The Ofcom Broadcasting Code December 2009 107
 OFW482 revised (Dec 2009)

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