Areas of Potential Concern with Specific Procedures
i) Viewer Trust
Channel 4 has a bond of trust with its audience and a duty to ensure that viewers are not deceived or misled by our programmes (including programme trails and other promotional/press edits). This bond must not be broken and, if it is, the most serious consequences will follow. Programmes must be truthful, accurate and fair and not mislead the audience. Programme-makers must understand the importance of this issue and that they must never stage, construct, reconstruct, re-enact or otherwise fake any scenes of actuality and pass them off to our viewers or to Channel 4 as the real thing.
The importance of viewer trust is not limited to current affairs, documentaries or conventional factual programmes. Simply because a programme is primarily designed to entertain or is ‘formatted' does not mean that there is a licence to mislead the audience. Our viewers are entitled to respect and that means they must feel confident that they can take what they see or are told in a programme at face value.
At the heart of the commissioning system, which is central to Channel 4's broadcasting remit, is the relationship between the commissioning team and independent producers. To be effective and to achieve the highest quality programmes, the relationship must operate with honesty, openness and trust. It is important that the commissioning process does not act as a disincentive to programme-makers at any level, inhibiting them from telling Channel 4 if a project is not working.
In addition, it is important that everyone involved in the programme, whether at the production company or the Channel, avoids, even inadvertently, making anyone involved in the production feel they are under pressure to deliver ‘results' or to ‘hype' the story at the expense of the truth. On rare occasions, halting a project which is not working out (perhaps because the story does not stand up) is the right course of action; inventing the story is never an option and "the show must go on" is not an excuse.
There is an equal responsibility here for footage obtained from a third party as there is for footage shot by our programme-makers.
The Viewer Trust Guidelines , which must be read and followed, set out further practical steps and guidance designed to ensure truth and accuracy in programmes and explain what constitutes acceptable and unacceptable practice. The guidelines contain more detail on these areas:
- Fact-checking and Accuracy. A corner stone of maintaining viewer trust is ensuring that programmes are factually accurate.
- Editing Interviews. As well as not misleading the viewer, it is vital that interviews and other contributions, including observational filming, are edited fairly and do not distort or misrepresent the person's known views, position or experience.
- Hoaxes. If it seems too good to be true perhaps it is. Make further enquiries as to their authenticity to ensure that you, and hence Channel 4 and the viewer, have not been fooled.
- Filming Criminals or Criminal Behaviour. This is an area fraught with difficulty and can lead to authenticity problems.
- Other areas where authenticity issues can arise:
- Use of secret filming
- Use of disguised or anonymous interview
- Drawing on anonymous sources
- Reliance on uncorroborated claims
- Advertising for contributors
- Payments to participants, especially criminals.
ii) Strong Language
The most offensive language i.e. the words ‘fuck' and ‘cunt' and their derivatives (e.g. ‘fucking' and ‘motherfucker'), cannot be used before the 9pm watershed as this would breach the Ofcom Code and must be removed or obscured by bleeping or dipping. This includes the words in written form (including subtitles) and gestures. Any proposed use of the word ‘fuck' or any of its derivatives after the watershed should be referred up by the commissioning editor to the relevant editorial head for approval in writing before transmission and arrangements for an on-air warning must be made. A ‘swear form' (commonly referred to as a ‘fuck form') must be completed, copied to the programme lawyer where appropriate. Because of its greater potential to offend, any proposed use of the word ‘cunt' post-watershed should be referred up by the commissioning editor to the Head of Channel 4 or relevant channel and/or Controller of Legal & Compliance, copied to the editorial head, for approval in writing before transmission, following advice from the particular programme lawyer.
Remember: these words and their derivatives must never be broadcast before 9pm in any form.
Note: If the word ‘cunt' is to be included within a programme, the warning must refer to "very strong language", rather than merely "strong language".
iii) Suitability for Slot and On-Air Warnings and Flaggings
The Ofcom Code stresses the importance of viewer expectation which includes appropriate scheduling and providing the audience with the necessary clear information to enable informed viewing choices. Commissioning editors are responsible for ensuring that their programmes are appropriately scheduled, edited for their slot (including repeats at an earlier time) and preceded by any appropriate announcements to warn viewers about, for example, strong language, violence, explicit sexual content, flashing images etc. They must consult with a programme lawyer in the legal & compliance department and then liaise directly with the relevant personnel in media planning. An online request form is in the process of being developed to simplify this.
What used to be called "family viewing time" starts at 5.30am and, therefore, material not suitable for pre-watershed transmission, including strong language, must not be broadcast between 5.30am and 9pm. In addition, if there is +1 service the time of original broadcast must take this into account. Specifically, care must be taken with scheduling programmes between 4.30am and 5.30am.
Warnings are not restricted to post-watershed programmes. Sometimes, it will be necessary to provide viewers with information flagging up the content of programmes transmitted before 9pm where, notwithstanding its acceptability for family viewing, some viewers may not wish to watch or wish their children to watch e.g. medical programmes involving surgery, food programmes that show animal slaughter or scenes that very young children may find upsetting. In such cases, commissioning editors should arrange with the relevant personnel in media planning for the content to be ‘flagged up' and a draft announcement should be agreed in consultation with a programme lawyer.
Some programmes, pre- or post-watershed, may require a warning into each part or into the part where the potentially offensive material occurs e.g. the word ‘cunt' is included in part 3 of a post-watershed programme or a documentary contains particularly graphic images in part 2. Viewer expectation is the key and the programme lawyer will advise on whether an ‘into-part warning' is necessary.
All on-air introductions for contentious or sensitive programmes e.g. Dispatches, must be approved by the commissioning editor and the relevant programme lawyer before transmission.
Warnings or flaggings must be clear and explicit. They can be customised but not to the point of losing clarity. They are not a substitute for appropriate scheduling.
Some examples of warnings are:
"Contains strong language"
"Contains strong language from the start"
"Contains very strong language" (for ‘cunt')
"Contains sexual scenes"
"Contains adult humour"
"Contains scenes of explicit violence and sexual violence"
"Contains scenes of human suffering and distress"
"Contains images of animal slaughter some viewers may find distressing"
"Contains footage of surgical procedures and some nudity"
"Contains flashing images"
"Suitable for adults only" (only with the most extreme material scheduled late)
Live programmes expected to contain, for example, strong language, adult humour or flashing images (such as flash photography or strobe lighting effects) should also be preceded by an appropriate warning. Please see Live Programmes Procedures.
Where a programme contains strong language in the opening minutes and starts at 9pm, the relevant personnel in media planning should be informed to make sure that it does not start just before the watershed.
iv) Surreptitious or Secret Filming or Recording
All secret filming and recording (including recording telephone conversations for broadcast and where a subject does not realise that a visible camera or microphone is actually recording) must comply with section 8.13 of the Ofcom Code and be warranted (unless it is for entertainment purposes, in which case there are other rules). The term ‘secret filming' will be used for ease of reference but it is intended to cover all covert or surreptitious filming or recording. Please refer to and follow the Rules of Practice and Procedure for Secret Filming and Recording for Channel 4 Programmes (‘Secret Filming Rules'). In outline the following procedure must be followed:
a. Other than in exceptional circumstances, programme-makers must give commissioning editors and programme lawyers at least 2-3 working days notice of an intention to secretly film.
b. Other than in exceptional circumstances, all secret filming will require a written request to be made to and approved by the Head of Channel 4 or the Head of News and Current Affairs or his/her appointee at two crucial stages, (1) before it is undertaken, and (2) before it is broadcast:
- Before any secret filming is undertaken, the commissioning editor must request permission in writing from the Head of Channel 4 or the Head of News and Current Affairs, any such request having been seen and approved by the programme lawyer. A suggested proforma for this written request is appended to the Secret Filming Rules. Advice from the Controller of Legal & Compliance or one of her deputies should be also sought before submission if one of them is not the programme lawyer advising.
- Later, if the secret filming has been successful and it is to be included in the programme as transmitted, the commissioning editor must request written permission in writing from the Head of Channel 4 or the Head of News and Current Affairs before it can be broadcast - once again, acting on the advice of the programme lawyer and the Controller of Legal & Compliance (or one of her deputies). A suggested proforma for this written request is appended to the Secret Filming Rules.
Note: all written requests to secretly film and stage one and stage two approvals must be copied to the Controller of Legal & Compliance, who keeps a central record, the appropriate programme lawyer (if different from the Controller of Legal & Compliance) and the relevant editorial head.
In addition, commissioning editors and programme-makers must read and follow the Rules of Practice and Procedure for Secret Filming and Recording for Channel 4 Programmes. This is appended to the Handbook and available from the legal & compliance department. Commissioning editors should send this document to all programme-makers contemplating undertaking any secret filming.
v) Deceptions and Set-Ups and Recordings for Covert Purposes
Programmes which involve set-up situations, deceiving contributors for entertainment purposes or wherever a subject has consented to be recorded for a purpose other than that intended covertly by the programme-makers, must comply with Sections 7.14 and 8.15 of the Ofcom Code.
In addition, in all such cases, commissioning editors should seek the early advice of the legal & compliance department and where necessary refer-up for approval, both before recording takes place and again before it is broadcast.
vi) Live Programmes
Channel 4 has specific rules contained in the Live Programme Procedures protocol, including an apologies procedure where a problem occurs on air, which must be followed. This is appended to the Handbook and available from the legal & compliance department.
Commissioning editors should ensure that presenters of live programmes are capable of dealing with the particular demands of the programme and that arrangements are made at an early stage for legal & compliance briefings and advice from the legal & compliance department. With few exceptions e.g. sporting events, all live programmes must be viewed and monitored by an editorial representative of Channel 4.
If any inappropriate material is inadvertently broadcast live which might be in breach of the Ofcom Code, an appropriate apology must be actioned immediately in consultation with the duty lawyer. The Controller of Legal & Compliance, Channel Head and the Director of Television & Content should also be notified as soon as possible thereafter and a written report of the incident prepared by the commissioning editor without delay. Where material which is potentially legally problematic is inadvertently broadcast, the programme lawyer advising on the show will direct what action, if any, should be undertaken. In the event a programme lawyer is not watching the show, the editor must call the duty lawyer immediately i.e. while the show is on air.
If there is any use of premium rate services in connection with a live programme, there must be an agreed contingency plan in place, as referred to in the Live Programme Procedures, detailing what is to be done if/when technology fails.
There are additional procedures governing the ‘+1' time-shifted broadcast services (Channel 4+1, E4+1 and More4+1) which are referenced in the Live Programme Procedures and which are set out in more detail in the relevant Channel Editorial and Compliance Protocols. The procedures cover situations where live programmes are relying on premium rate telephone services that close within the live programme or within an hour of it or where a potentially serious legal issue or potentially serious breach of the Ofcom Code occurs which needs to be obscured before the ‘+1' repeat.
vii) Programme-Makers Travelling to a Hostile Environment
Before a programme team departs to a potentially hostile environment (even where the programme itself is not a sensitive or controversial one e.g. a holiday programme) and whether or not they are actually filming, the commissioning editor must ensure that the team is adequately experienced and prepared for the trip and that relevant personnel at the production company read and comply with the Checklist for Security Protocol for Filming in Potential Hostile Countries aka the Hostile Environment Protocol or "CLSP" (appended to the Handbook and available from the legal & compliance department) and satisfactorily complete a protocol form for that trip. A programme lawyer in the legal & compliance department will advise on the protocol's completion. The commissioning editor must also ensure that their programme finance manager addresses all necessary insurance issues with the programme team before they depart. Where the nature of the trip, those travelling or the country being visited merit it, the commissioning editor must seek the advice of a programme lawyer and see to it that the programme team are properly briefed on safety issues before they depart.
A surprisingly large number of countries are designated as potentially risky for travel - the Foreign Office web site (http://www.fco.gov.uk/travel ) has useful and up to date information.
There is a separate protocol outlining the steps to be taken in the event of a kidnapping and the current affairs duty executive and duty lawyer should be contacted immediately.
viii) Undertakings of Anonymity to Sources
If a programme-maker wishes to or has given an unequivocal undertaking of anonymity to a source or interviewee, immediate advice must be sought from a programme lawyer in the legal & compliance department. If the undertaking might ultimately bring the programme maker into conflict with the law and he/she is expecting Channel 4 to be bound by the undertaking, this must be referred up via the Director of Television & Content and Chief Executive to the Channel 4 Board.