The Ofcom Broadcasting Code

How to complain:

Ofcom have explained to me how their system works. They DO NOT respond according to the number of complaints received (as was evident in the Big Brother case), but they DO respond to complaints that indicate a broadcaster is in breach of their code.

This means they may have thousands of complaints and not take action (as in Big Brother), or they may act after just one complaint if they feel this shows the code has been breached.

It is therefore of the utmost importance that complaints either make reference to, or clearly indicate which part of the code you feel has been broken. This will be key to the success or otherwise of any complaints.

There is a major problem with this. The Code makes no reference to infants or babies (that I can find), which I suspect leaves a loophole for programme makers and broadcasters to produce what they wish without regulation.

The Ofcom Broadcasting Code can be viewed in a new window here. The Code barely covers the concerns we have over Bringing up Baby. I would recommend anyone study the Code before writing a complaint, but as a guide I have looked at the Code and suggest those that may be helpful with any complaint:

Section 1 - Protecting the Under-Eighteens
1.1 Material that might seriously impair the physical, mental or moral development of people under eighteen must not be broadcast.
'The involvement of people under eighteen in programmes',
1.26 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.
1.27 People under eighteen must not be caused unnecessary distress or anxiety by their involvement in programmes or by the broadcast of those programmes.

Most of this section concerns children viewing programmes before the watershed, however, BUB in part one did encourage a young girl (clearly upset) to avoid contact with her new sibling.

Section 2 - Harm and Offence
Principle
To ensure that generally accepted standards are applied to the content of television and radio services so as to provide adequate protection for members of the public from the inclusion in such services of harmful and/or offensive material.
2.2 Factual programmes or items or portrayals of factual matters must not materially mislead the audience.

Section 5 - Due Impartiality and Due Accuracy and Undue Prominence of Views and Opinions
This sections Principles are: (Quote)
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

Sadly, I can't see much here that is relevant as Section 5 is news based, but the essence of the rules easily apply to infants, as do the meaning, and maybe this can be highlighted to Ofcom in a complaint...

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.

Section 7 - Fairness
Dealing fairly with contributors and obtaining informed consent

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.
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    Have you signed the petition at 10 Downing Street yet?

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