Editorial Referral-Up Process
The editorial ‘referral up' procedure is at the heart of creative risk taking and compliance and it exists to ensure that difficult or fine-cut decisions on legal and compliance matters are properly considered by the most appropriately experienced and senior editorial executives and programme lawyers within the Channel and, in the unlikely event of any disagreement concerning the programme lawyer's advice, that this is discussed at a senior level.
The key principle is "if in doubt refer".
Initial referral up is by the commissioning editor or deputy or assistant to their editorial head and then to the Channel Head, together with the Controller of Legal & Compliance or one of her deputies. The Channel Head and/or Controller of Legal & Compliance may then take the decision to refer up further to the Director of Television & Content.
On more contentious or significant programmes and issues, the Director of Television & Content will also inform the Chief Executive for his final decision as Editor-in-Chief. The Chief Executive, in conjunction with Director of Television & Content will decide whether the circumstances are so exceptional that it is necessary to inform the Channel 4 Board.
In addition to the above editorial process, the Controller of Legal & Compliance reports directly to the Group Finance Director on potentially serious legal or compliance risks concerning programme content, legal action taken or threatened against the Channel and serious regulatory action.
See point 8 for Issues Requiring Reference-up
Difficult and fine-cut compliance decisions
After consideration and advice from the legal & compliance department, where necessary, all such compliance decisions or issues should be referred up by the commissioning editor to the relevant editorial head and, if appropriate, to the Head of Channel 4 (or Channel Head) and ultimately the Director of Television & Content and then Chief Executive. Such matters might concern a significant viewer trust or programme authenticity issue, the inclusion of potentially harmful or offensive material e.g. very strong language, explicit sexual content or graphic violence; or may relate to a difficult ethical, fairness or privacy issue. At the same time the commissioning editor (or programme lawyer) will also refer the matter up to the Controller of Legal & Compliance or one of her deputies.
Where there is disagreement
Compliance issues and advice may give rise to considered discussion but a programme lawyer's advice on legal matters must always be followed, with reference up to the Controller of Legal & Compliance. If a commissioning editor disagrees with a programme lawyer's advice on a compliance issue it must referred up to the Controller of Legal & Compliance and Head of Channel 4 (or channel head) and, if necessary, to the Director of Television & Content and then Chief Executive.