Viewer trust
Five takes the relationship with its viewers very seriously as reflected in its Viewer Trust Guidelines. These Guidelines must be read and adhered to by all commissioning editors and producers making programmes for Five. The Guidelines deal both with trust in editorial content and where there is a commercial relationship with the viewer as a customer. There are separate and detailed guidelines for any programme which includes a revenue generating element.
Where a commissioning editor or producer believes there is a possibility of a breach of viewer trust or they have a concern in this area they must raise it during the production process so that the issue can be properly considered and addressed. Five will support this approach by a producer; what is unacceptable is for an issue not to be raised or for Five to be misled in any manner.
A programme is commissioned or purchased - first steps
When a programme is commissioned or purchased (or when an idea is being developed if it is potentially contentious, novel or complicated) it is the responsibility of the commissioning editor concerned to:
- Ensure that the production team involved has the appropriate experience and ability to undertake the project and it understands the legal and regulatory issues which may be involved in a particular programme; and
- Ensure that the relevant lawyer is consulted. Commissioning editors should notify the producers of the identity of the lawyer who will be advising and require them to make contact.
Referral up
The collaborative process also means that difficult or borderline decisions on editorial and compliance issues must be referred up to more senior programming executives and ultimately, where appropriate, the Director of Programmes.
On compliance issues involving editorial discretion, the ultimate decision will be taken by the commissioning editor or, if necessary, the Director of Programmes.
Legal advice must always be followed. If a controller disagrees with the advice on a legal matter it must be referred up to the Head of Content Legal Advice and ultimately to the Director of Programmes.
Particular programme matters
Secret filming or recording - factual programmes
Commissioning editors and producers must ensure that they have read Five's procedures relating to covert filming or recording (see Appendix 8C ) and Section 8.13 of the Code - this applies to all recording where the subject is unaware that they are being filmed or where they believe they are being filmed for a different purpose. The following principles must be adhered to:
Other than in exceptional circumstances, producers must give commissioning editors and the appropriate lawyer reasonable notice of an intention to secretly film/record. In most cases this should not be less than 48 hours.
Other than in exceptional circumstances, secret filming should be requested and sanctioned by the Director of Programmes (or another senior programming executive) in writing.
If it is intended to broadcast secretly recorded material written permission should be requested and given in writing by the Director of Programmes (or another senior programming executive).
Deceptions and set-ups
Programmes which involve set-up situations or where contributors are deceived for the purpose of entertainment should comply with Section 7.14 of the Code. Early advice must be sought from a lawyer and any filming sanctioned by the controller before it takes place and again before broadcast.
Live programmes
Five has a set of guidance notes on how to deal with live programming which producers must read and to which they must adhere (see Appendix 8B ).
Live programmes raise different issues and potential risks depending on their content. It is vital that legal advice is sought at the earliest stage of the commissioning of a live programme to ensure that the risks are properly assessed and the appropriate compliance procedure implemented. Where necessary, the programme lawyer will provide briefings for all those involved with a live broadcast.
Commissioning editors must satisfy themselves that production teams and presenters have the appropriate experience to deal with the particular demands of live broadcasting.
Factual programmes
Producers are responsible for ensuring that factual programmes are accurate and do not mislead viewers. They may be required to provide evidence in support of particular assertions in a programme and it is vital that producers collate and maintain evidence in support of their programmes in the event of legal or regulatory dispute after broadcast.
Swearing and offensive language
The inclusion of offensive language (including "fuck" and any of its derivatives) in any commissioned programme must be approved by the commissioning editor responsible.
Where the context of the language could cause particular offence (for example, racist language or the swearing is aggressive or repetitive) or the word "cunt" is used, this should usually be referred to the Director of Programmes.
On-air warnings and viewer information
The Ofcom Broadcasting Code stresses the importance of warnings and information so viewers can make informed viewing decisions. Whether a programme requires a warning/viewer information will normally be considered by the compliance viewers. Any warning/viewer information should be agreed by the commissioning editor and the appropriate lawyer.
It should be noted that warnings and viewer information are not restricted to post watershed programmes. Pre-watershed programmes may contain content which is not to everyone's taste or which parents may feel unsuitable for very young children.
Commercial involvement in programme making
Producers must not enter into any commercial relationship with third parties where their products or services are featured in a programme or where they meet some or all of the costs of making a programme or they provide goods and services for the production for no payment or less than market rates without first discussing this with the commissioning editor and the legal and compliance team. This type of activity could give rise to a serious breach of the Code and complete transparency between producer and Five is required in this area.