7B Channel 4 : Live Programme Procedures (August 2007)
Introduction
Live programmes play an important role in the Channel's output. By their nature, live programmes are inevitably unpredictable, which is one of the reasons they are enjoyed by audiences. However, there must be appropriate and effective procedures and training to avoid problems arising during broadcast and to deal with them promptly if they do arise. These procedures set out the issues that should be considered prior to, during and after broadcast.
Prior to Broadcast
1.1 Commissioning Editors and Producers should discuss at an early stage arrangements for all live broadcasts. The following must be considered:
- Ensuring the presenters selected are equipped to handle the particular demands of the live show they are presenting. This may also include arranging for the presenter to have a separate briefing by the Commissioning Editor and Programme Lawyer. This is particularly important if the presenter has had little or no live programme presenting experience or, for example, has limited experience of pre-watershed programmes.
- Discussing the programme format with a member of the Legal and Compliance Department well in advance of transmission to ensure that any issues can be addressed. This includes advising whether the broadcast is to be pre-watershed or post-watershed and discussing any programme material, items and/or potential guests that may be problematic or contentious.
- If there is intended to be any use of premium rate services (telephone, text, red button) in connection with the programme, this must be fully discussed with and agreed by the Channel 4 staff member responsible for arranging such services, and advice sought from the Legal and Compliance Department as necessary. Key considerations will include having contingency plans in place detailing what will be done if/when technology fails, and arrangements for close tripartite liaison between Channel 4, the production company and the premium rate service provider.
- Ensuring all members of the production team are adequately briefed by a member of the Legal & Compliance Department/Programme Lawyer on legal and compliance issues relevant to the programme. This may also include working with the Programme Lawyer to compile Legal & Compliance Guidelines and attending any briefing to the production team (see below).
- Making arrangements for the Programme Lawyer to attend the live recording if necessary or if not, ensuring that the Programme Lawyer is contactable by telephone and that the Programme Lawyer has contact details, including the Studio Gallery numbers.
1.2 Legal and Compliance Guidelines may be prepared where appropriate, in liaison with the Commissioning Editor and production company. The Guidelines will set out any procedures for compliance both before transmission and during transmission, especially those concerning the provision of any advance information by the production company to the Commissioning Editor and Programme Lawyer about guests, subjects for discussion and other proposed content, including material and items appropriate for the transmission time and the ‘Live Programme Procedures' including the ‘Apologies Procedures' set out below.
1.3 The Commissioning Editor should ensure that any particularly difficult items, subjects or guests are referred-up in advance to their Editorial Head and/or, if appropriate, to the Channel Head and Director of Programmes & Content.
1.4 Prior to broadcast, the Commissioning Editor should consider with advice from the Programme Lawyer whether the content or likely content of the live programmes means that an on air a warning or flagging is required, e.g. for strong language; adult humour; flashing images etc. The Commissioning Editor should then make the necessary arrangements including ensuring that the Presentation duty desk and announcers are aware that a warning is necessary and what the wording for the warning should be.
During and After Broadcast
2.1 The Commissioning Editor or their designate must be present at all live broadcasts or, if more appropriate, view the programme as it is broadcast and be available on a designated telephone link to the producer, the Programme Lawyer and Presentation. There are some exceptions to these requirements, for example, the coverage of live sports events.
2.2 The Commissioning Editor and Producer must ensure there is effective communication between the Producer, the Programme Lawyer, the Commissioning Editor (and if appropriate, the premium rate service provider) and the studio floor to deal with any problems during broadcast. If the presenter will not be wearing an earpiece, another effective system must be set up to communicate with the presenter.
2.3 If a potential code breach or other significant incident arises during a live broadcast, e.g. the ‘f'-word is broadcast before the watershed, the ‘Apologies Procedure' below must be followed as appropriate and upon the immediate advice of the Commissioning Editor and Programme Lawyer. Following transmission, the Commissioning Editor (in consultation with the Programme Lawyer) must as soon as reasonably possible, and within 24 hours, debrief the programme makers and write up a full report of the incident for their Editorial Head, the Channel Head and Director of Programmes & Content.
2.4 In circumstances where the live programme is to be repeated almost immediately in a "+1" hour time-shifted broadcast service, the Commissioning Editor is responsible for ensuring that they have read and complied with the additional procedures laid down in that Channel's Editorial and Compliance Protocol. These procedures include:
- Ensuring that any live programmes relying on premium rate telephone services (e.g. a viewer competition, voting line or call to action) which close within the programme or within an hour of the live programme, make clear to viewers watching the ‘+1' service that the phone lines are not available. This will involve making sure that the live programme includes a prominent caption on-screen that the phone lines are not available on the ‘+1' service.
- Ensuring that in the event of a potentially serious legal issue, e.g. a libellous statement made by a guest in a live show or a potentially serious breach of the Ofcom Broadcasting Code, e.g. the impromptu use of strong language in a live pre-watershed programme, that the emergency take down procedure is followed. The procedure enables an on-screen caption to be put up to cover the offending sequence (both picture and audio). All of these procedures must be discussed with and approved by the Programme Lawyer.
2.5 In respect of any repeat broadcasts of that live programme on that channel or any sister channel, other than a ‘+1' service, the Commissioning Editor is responsible for putting in place procedures to enable the removal or obscuring of material from the live broadcast which gives rise to serious legal or compliance concerns in the repeat broadcast. For example, a libellous statement made by a guest or the use of strong language which would not be acceptable if the programme was repeated pre-watershed. Particular care must be taken where any premium rate telephone service is no longer open. In such cases the Commissioning Editor must ensure that the details of the premium rate services are edited out of the programme and/or the programme contains a clear caption that the telephone lines are now closed. All of these procedures must be discussed with and approved by the Programme Lawyer.
2.6 Where a programme is recorded and broadcast ‘as live' with a short delay there must be appropriate and effective procedures to address by way of editing (e.g. bleeps or dips in sound) any compliance concerns, particularly if the purpose of the delay is to deal with a potential compliance issue - e.g. the risk of strong language in a pre-watershed programme. The delay must be adequate to deal with anticipated problems. There are special technical arrangements required for ‘live streaming' which should be discussed with the Legal & Compliance Department.
Apologies Procedure
Each incident will be different so hard and fast rules would not be practical, but the following procedures should be followed unless circumstances and common sense clearly indicate they are inappropriate:
3.1 On the advice of the Programme Lawyer, any potential libel problem should be dealt with immediately. This may include a statement distancing the programme and the broadcaster from a libellous remark and apologising if necessary. The presenters must not make any further reference to the libellous remark in the programme.
3.2 If an inappropriately offensive remark is made, the presenter should attempt to diffuse the situation and distance the programme and the broadcaster from the remark. He or she should endeavour to apologise to viewers immediately. In the heat of the moment with a difficult guest this can be risky and should only be done immediately if it is felt it will not cause further problems.
3.3 In the event of the use of strong language (the ‘f'- word, ‘c'- word or their derivatives) pre-watershed an on-air apology must be made by the presenter at the earliest opportunity. Consideration must be given by the Commissioning Editor and Programme Lawyer to whether a further apology by Presentation at the end of the programme is appropriate. If the presenter has failed to apologise, or the opportunity has passed, there must be a presentation apology immediately after the programme.
3.4 If the Commissioning Editor and the Programme Lawyer consider that an on-air apology at the end of the programme is appropriate (under either 3.2 or 3.3 above) they can authorise an apology. A senior editorial executive should be informed as soon as possible thereafter by the Commissioning Editor.
3.5 If it is agreed that there should be an apology then Presentation should make a simple apology directly following the transmission, for example, saying "apologies for the unexpected strong language in the last programme".
3.6 An offensive or libellous remark which caused concern on transmission should be edited from any repeat, including VOD and/or an entry made on the appropriate system alerting users that the programme cannot be repeated without the requisite edit being made.
Channel 4 Television
August 2007