Independent Producer Handbook

Main Navigation:

1. Introduction
2. Channel 4's Compliance Procedures
3. Five's Compliance Procedures
4. OFCOM Broadcasting Code
5. Media Law
6. Programming Checklists
7. Channel 4 Appendices
8. Five Appendices

• Channel 4
• Five

6F Programmes Involving or Concerning Crime : Best Practice

Filming Criminal Activity

• Generally, filming criminal activity should not be undertaken without first seeking advice from your programme lawyer. In rare cases, where this is not possible, use your common sense and do not put yourself or your crew at any risk. In such circumstances, you must alert your commissioning editor and programme lawyer as soon as possible thereafter.
• When filming criminal activity, remember to remain as passive observers and do nothing that could be deemed as encouraging, inciting or assisting criminal activity, otherwise you are at risk of having committed a criminal offence yourself. Remember to make a careful distinction between observation and participation and keep any criminal behaviour at arm's length. Do not provoke nor give the impression of provoking criminal behaviour which would not otherwise have occurred.
• Undercover investigations often have the goal of exposing criminal activity. They are invariably legally contentious and can present real dangers to the programme-makers that are undercover. Such investigations require very careful consideration, research and preparation and must not be undertaken before detailed advice has been sought from the programme's commissioning editor and programme lawyer.
• See Chapter 4B, Crime
• See Chapter 5F, Programmes Involving Criminal Activity

Dealings with the Authorities/Police

• Whilst there is a legal obligation to answer questions properly posed by a court of law, there is no legal obligation to provide information to the police for their enquiries. However, you must never be dishonest or attempt to mislead the police or tamper or dispose of evidence.
• Journalistic material, e.g. rushes, notebooks, films are given special protection from seizure by the police. Generally, the police need to obtain a court order from a judge before they can seize such material.
• Any approach from the police or other authorities relating to any aspect of the programme or in relation to handing over any footage or material related to
  the programme should be referred immediately to the commissioning editor and programme lawyer. 
• See Chapter 5E, Other Laws Affecting Broadcasting