4C Fairness : General Requirement
Broadcasters "... must avoid the unjust or unfair treatment of individuals or organisations in programmes" [Rule 7.1].
'Fairness and Privacy' Complaints
Any individual (or organisation) who considers him/herself to have been the subject of unjust or unfair treatment or an unwarranted infringement of privacy [see 'Privacy' at Chapter 4D ] may make a written ‘fairness' and/or ‘privacy' complaint to Ofcom after a programme's broadcast.
Defending these complaints, fairness complaints in particular, is time-consuming and may involve painstaking examination and even disclosure to Ofcom of rushes, correspondence, emails and notes, as well as preparation of a detailed response to all the points raised by a complainant. This will require cooperation between the broadcaster and programme-makers.
If Ofcom entertains a complaint of unfair treatment and/or an unwarranted invasion of privacy, the complainant and broadcaster will normally be permitted to make up to two written submissions each (including the initial complaint) in support of their case, after which Ofcom will decide whether there needs to be an oral hearing, in front of the 'Fairness Committee'; or whether the complaint can be decided simply on the basis of the written submissions. If there is a hearing then at least one of the programme-makers will be expected to attend with the broadcasters' representatives.
Ofcom will normally publish its final adjudication on its website and if a complaint is upheld, it is also likely to direct the broadcaster to transmit on air and/or publish a summary of its Adjudication. In the case of a serious breach, a statutory sanction may be considered and imposed. The imposition of a sanction and the adverse press that it creates damages the reputation of both the broadcaster and the programme-makers.