6D Drama : Ofcom Broadcasting Code
Fairness and Privacy
- All fact-based dramas should be referred to a programme lawyer for advice at a very early stage whilst the script is still in development.
- Programme-makers must inform the commissioning editor and programme lawyer wherever a storyline, character or organisation in a drama has been based upon someone or something real, especially where this is not obviously apparent.
- Dramas based on real events will usually portray and refer to identifiable real people and organisations, so we must ensure that the way in which they are portrayed is fair and historically accurate - just as if the allegations were being made in a factual programme.
- Where the subject matter is contentious, accuracy is likely to be vitally important. In practice, this will mean that careful research is essential to ensure that material facts are included and not disregarded or omitted in a way that results in any unfairness. This will be important both to comply with regulatory obligations under the Code and to ensure programmes are not libellous.
- As with factual programmes that criticise individuals or organisations or make damaging allegations, it may be necessary to seek a response from the individual or organisation concerned and to include any response within the drama. This should only be done on the advice of the programme lawyer. Again, this may be important to ensure programmes are not libellous.
- The privacy of individuals or organisations portrayed or referred to in fact-based dramas is also likely to require careful consideration, particularly where the subject matter relates to things of a private or confidential nature. In common with other types of programming, fact-based drama must not unjustifiably infringe privacy.
- Decisions as to whether an infringement of privacy is justified will normally turn on whether, in all the circumstances, there is an overriding public interest in broadcasting the material, i.e. whether the public interest and programme-makers/ broadcaster's right to freedom of expression outweighs the individual's or organisation's right to privacy taking into account other relevant factors, e.g. the extent to which the potentially infringing material is already in the public domain.
- Inevitably, even in the most carefully researched drama-documentary, the creative realisation of some elements, such as dialogue and characterisation,
will introduce a fictional dimension. This is likely to be perfectly acceptable as long as it is not inconsistent with the known facts and does not cause unfairness to any individual or organisation. - Care must be taken with dramas which mix fact with significant elements of fiction. There is a risk that the factual elements may become confused with what is invented. This may result in unfairness to real-life individuals or organisations that are identified or identifiable. Such dramas must be carefully considered to ensure that the factual elements are fair and accurate and also that the fictional elements do not raise unfairness or libel issues. This is likely to require very careful consideration, over and above merely ‘neg-checking' names. Early advice from the programme lawyer will be essential.
- The fictional elements of those dramas which mix real individuals and organisations with fictional ones will need to be properly neg-checked at an early opportunity.
- To ensure viewers are not misled, it will often be appropriate to flag up to viewers the basis for a particular drama e.g., by labelling the film: "This is a true story...", "... based on a true story ..." or " ...inspired by real-life events...".
- Sometimes, it may be necessary or prudent to include within a drama a disclaimer e.g.: "Whilst elements of [name of drama] are inspired by real-life events, the storyline and all associated characters and organisations are entirely fictional. Any resemblance to real individuals or organisations is purely coincidental and unintentional". Such disclaimers may appear as a caption at the beginning or end of a drama, close to or as part of the end credits.
- See Chapter 4C, Fairness
- See Chapter 4D, Privacy
- See Chapter 5A, Defamation
- Consultation/Contact with Those Involved
- Where dramas are based upon or concern past events, particularly where the subject matter is capable of giving rise to personal distress, e.g. natural disaster, accident, crime, it may be necessary to consult with those affected by the real-life event upon which the drama is based e.g. victims, victims' families, survivor groups and to give due consideration to their perspectives, taking into account how recently the event took place, the extent to which the event continues to attract wider media attention and the public interest in broadcasting the material. As noted above, it is important that the portrayal of such events does not result in unfairness or the unwarranted infringement of privacy of any individual or organisation.
- Where fact-based dramas revisit past events that could give rise to personal distress, we must consider the feelings of those directly involved and, where practicable, should inform such people of the times of intended transmission of the drama and from when programme trails will start to be transmitted. Where there are many such people e.g. there are many victims or close relatives of victims, as in a large scale accident or natural disaster, it may be appropriate to alert people through a survivor or support group.
- Advice regarding consulting or contacting those directly involved in or affected by the subject matter of a fact-based drama should be taken from the programme lawyer at an early stage.
Impartiality
- Drama, whether fictional or fact-based, must comply with the impartiality provisions of the Ofcom Broadcasting Code ("the Code"), i.e. unless other arrangements have been made to ensure impartiality, programmes should be duly impartial on matters of political or industrial controversy and matters of current public policy, e.g. political issues, domestic and foreign policy, introduction or abolition of laws, industrial action, strikes.
- See Chapter 4F, Impartiality
People Under 18
Commercial References within Drama
Potentially Offensive Material
Crime