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

• Introduction
• The Compliance Process and Role of Commissioning
• The Legal & Compliance Department
• The Viewers’ Editor
• The Role of Ofcom
• When a Programme is Commissioned or Purchased
• Editorial Referral-Up Process
• Issues Requiring Referral-up
• Areas of Potential Concern with Specific Procedures
• Complaints about Programmes
• The Compliance Role for other Departments
• Additional Guidelines and Procedures for Channel 4 Programmes
• Changes to the Ofcom Broadcasting Code, Ofcom Guidance, The Handbook, Guidelines and Procedures

• Channel 4
• Five

The Compliance Process and Role of Commissioning

Although the Channel's approach will always be one of collaboration, the cardinal principle is that programme lawyers (and compliance advisers where appropriate) advise and editors decide. In other words, working closely with programme-makers who have their own obligations, commissioning editors, editorial heads, the channel heads, and ultimately the Director of Television & Content and Chief Executive, by a process of ‘referral-up', are responsible for the editorial content of the programmes. Crucially this includes making sure that all programmes - in their production and broadcast - have been subject to the appropriate level of scrutiny at every stage to ensure compliance with the Ofcom Code. This includes reviewing co-productions, programmes commissioned or acquired by commissioning editors' predecessors and all repeats on all platforms, in conjunction with the channel's editorial compliance manager.

 

Editorial staff are also responsible for ensuring that before and after broadcast any matters giving rise to legal issues or requiring legal advice on content issues such as libel, contempt of court and fair dealing are referred to the legal & compliance department for timely advice. A central aim of the legal & compliance department is creative risk-taking - to enable the broadcast of the boldest possible programmes within legal and regulatory constraints so that they may be successfully defended after broadcast.

To best achieve this aim and the creative ambitions of the Channel itself, therefore, a programme lawyer should be consulted and involved at the earliest stages of a project requiring advice and then work closely with the editorial team and programme-makers.