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 Role of Ofcom

Channel 4 is directly accountable to Ofcom under its licence for both the making and the content of all its programmes (including all programme trails). All independent production companies in turn have contractual obligations to comply with the Ofcom Code and the Handbook in their making of programmes and to alert their commissioning editors to potential issues and problems. Ultimately all issues arising under the Ofcom Code relating to the content and making of programmes (and most legal issues) will need to be defended by Channel 4 but the production company which made the programme, and the programme-making team, will play a crucial role in its defence. A serious failure in compliance can result in the imposition of a very heavy fine, a direction not to repeat a programme, a direction to broadcast Ofcom's adjudication on air and even, in the case of all but Channel 4 itself, the shortening or the revocation of a channel's licence. The imposition of a sanction can also be highly damaging both to Channel 4's and its programme-makers' reputation and potentially undermine the audience's trust in our programmes. 

 

Responses to Complaints to Ofcom after Broadcast

If a programme or a trail for a programme attracts significant complaints or otherwise gives rise to concerns, Ofcom may seek the Channel's justification for broadcast and an explanation of how it was felt it complied with the Ofcom Code. This may relate to the programme's scheduling as well as its content and any warnings that did or did not precede it.

 

In most cases, a member of the legal & compliance department will draft the reply to Ofcom with input from the commissioning editor (or creative services, if a trail) and, if appropriate, the programme-makers. However, the commissioning editor (or creative services, if a trail) must be able to provide a defence of editorial decisions taken and to assist in preparing the section of the letter relating to this. Ofcom normally allows ten working days for a response but in some circumstances may impose a shorter deadline.

 

Responses to fairness and/or privacy complaints and more complex standards issues generally entail a significant amount of work and the programme lawyer will need full cooperation and assistance from the programme-makers and commissioning editor who may be required to attend any Ofcom hearing.