What is Ofcom?
Ofcom (the Office of Communications) regulates the content of all television and radio programmes in the UK, including programmes on the BBC and all digital channels, as well as Channel 4, Five and ITV. Ofcom operates the Ofcom Broadcasting Code (“the Code”) which contains rules and principles covering standards in programmes, sponsorship and fairness and privacy. Ofcom replaced the old regulators, the Independent Television Commission (ITC), the Broadcasting Standards Commission (BSC) and the Radio Authority. The Ofcom Broadcasting Code replaced the old ITC and BSC codes.
Channel 4 and Five, like all commercial broadcasters, are licensed by Ofcom to broadcast, subject to compliance with its codes. Ofcom can only take action after broadcast. The broadcaster is ultimately responsible, along with its programme-makers, with the involvement of both editorial staff and lawyers experienced in compliance, to ensure that a programme complies with the Code and can be robustly defended after broadcast to Ofcom in terms of content, scheduling and labelling.
Failure to comply is likely to result in details of the Code breach being published by Ofcom and, in the case of serious or persistent breaches, it can impose sanctions. Ofcom has the power to issue a direction to broadcast a summary of its adjudication on air; impose a fine (which could be substantial) or (but not in the case of Channel 4 itself) even shorten or remove a channel’s licence to broadcast. The imposition of a sanction and the adverse press that creates damages the reputation of both the broadcaster and the programme-makers.