8A Five : Viewer Trust Guidelines
1. Introduction
These guidelines set out the basic requirements concerning viewer trust to which producers must adhere when making programmes for Five. While programme making is a collaborative process between broadcaster and producer, Five has to rely on the producers it commissions to be honest and open at all times. This trust creates the obligations set out in these guidelines which reflect good practice.
These guidelines must be circulated to all production staff and it is the producer's responsibility to ensure that everyone working on a programme for Five understands and adheres to these principles. Five's programme commissioning editors and legal and compliance department are always available to offer advice and guidance and should be consulted as specified in these guidelines and whenever doubt exists as to how best to proceed.
A breach of viewer trust could lead not only to undermining Five's relationship with its viewers but also to investigation by Ofcom which has the power to impose significant sanctions against Five. It will also inevitably lead to adverse publicity for all concerned.
2. The principles
Viewers must not be materially misled by what they watch. Deceiving or misleading viewers is unacceptable and undermines the relationship of trust between Five and the viewing public. Undermining the relationship of trust also adversely impacts on Five's status as a public service broadcaster and its business and will therefore not be tolerated.
This principle is also reflected in the Ofcom Broadcasting Code which states:
Factual programmes or items or portrayals of factual matters must not materially mislead the audience. Section 2.2.
Five is bound by the terms of the Broadcasting Code under its licence and a breach of the Code could lead to sanction, including a significant fine and a shortening or revocation of its licence.
The principles of viewer trust also apply in any situation where the viewer interacts with Five and in particular where there is any commercial relationship with the viewer. The issues surrounding this area are specifically dealt with in Section 7 below.
3. Which programmes are subject to these guidelines?
All programmes on Five are subject to the principles of viewer trust - it is not limited to news, current affairs and documentaries. Programmes which are essentially entertainment and ‘formatted' programmes should also not mislead the viewer if they include a factual aspect.
Viewers are entitled to take at face value what they see in programmes with a factual element regardless of the genre of the programme or the title of the department from which it was commissioned.
4. Viewer trust in practice
Television programmes by their nature are rarely the literal reproduction of what exactly took place in real time in any situation. It is a creative medium which has to use editing techniques in order to reflect a coherent story or narrative in a manner which is engaging to the viewer. However, the reality or truth of a situation must not be undermined or distorted and it will never be acceptable to portray something as happening which did not take place.
The key elements concerning viewer trust include:
- It must be made clear to viewers if apparent actuality is anything other than what it appears to be.
- Producers must not stage, construct, reconstruct, re-enact or otherwise create apparent scenes of actuality and seek to pass them off as the real thing.
- Producers must not request or incite someone to recreate or stage an event or action which has a bearing on the narrative of a programme or its outcome or which is central to the programme and to present this as something observed as it actually happened.
5. The responsibilities of programme makers
General
- Openness and honesty at all times between Five and its producers is central to the programme making process. Five will not seek to penalise a producer where a problem (potential or actual) is raised at the earliest opportunity and where remedial action can be taken.
- The pressure to deliver a programme on time or within budget or the editorial interests of a programme is NEVER an excuse for inventing a story or undermining the truth. Believing the ‘show must go on', that is, putting the editorial needs of the programme first, is NEVER a justification or reason for misleading the viewer.
- Putting anyone on a production under pressure to deliver where that could lead, even inadvertently, to misleading the viewer is unacceptable.
- Concealing a problem on a production is unacceptable. Most issues can be resolved during filming or editing but not after broadcast, following which Five is likely to have to bear the consequences of the producer's actions.
- If a producer is having difficulties delivering a production or the programme cannot develop in the way originally envisaged, this must be raised at the earliest stage with the appropriate commissioning editor. Five understands the legitimate difficulties of programme making.
The production team
It is the responsibility of the executive or series producer to undertake the following on every production for Five:
- Staff the production with an appropriate number of personnel with the appropriate experience for a particular project.
- Ensure that any personnel working on the production who posses little or no experience are at all times properly monitored and managed particularly where they are given responsibilities dealing with contributors or situations where material is gathered which could mislead the viewer.
- Ensure that the production team is properly supervised both during the actual production and also generally at a senior level within the production company.
- Put in place and implement appropriate procedures to ensure that when any issue of viewer trust or the truth, accuracy or veracity of a programme arises that this can be quickly and openly escalated to senior production staff and then immediately to the relevant Five commissioning editor.
- Put in place and implement procedures that allow any member of the production team (even the most junior) to raise any concern they may have over an issue relating to viewer trust, truthfulness, accuracy or the veracity of a programme. It is unacceptable that anyone involved in a production feels that they cannot raise a concern about the way a programme is being made or presented.
- Any issue or decision concerning viewer trust, truth, accuracy or the veracity of a programme must be raised with, discussed and agreed with the Five commissioning editor.
- When any decision is taken relating to a viewer trust issue it should be communicated to and understood by the production team.
It is the producer's responsibility to inform the Five ccommissioning editor if there is any concern about the authenticity of any footage and how it was filmed. It will then be a matter of judgement as to whether such footage is included in the programme and if it requires signposting to the viewer. The responsibilities relating to viewer trust and authenticity apply equally to third party footage supplied or bought in for a programme. Applying common sense and good judgement will usually be a good test in any situation - but if reality has been materially distorted then the viewer is likely to have been misled and the line of what is acceptable crossed.
6. What production techniques are acceptable and unacceptable?
Not every situation or eventuality can be addressed in these guidelines, however, the key principles are highlighted which can be applied to a particular case.
General
- Many established programme-making techniques raise no concerns about viewer trust - cutaway shots, ‘set up' shots to establish a contributor or ‘pick up' shots all allow the programme maker to create a seamless narrative which aids and enhances the viewing experience and which do not materially mislead the viewer about the story they are watching.
- Significant actions or events or those that are material to the story or narrative must not be created or re-enacted for greater dramatic or other effect.
- Behaviour or actions must not be deliberately provoked or encouraged which would not have occurred naturally, unless the audience is made aware that this is part of the programme.
Any judgements as to what is and is not material should be made jointly by the producer and the Five commissioning editor.
Some specific cases which may raise issues of viewer trust
Factual accuracy - programmes must be factually accurate and any assertions or allegations should either be capable of being substantiated or be portrayed in a manner that viewers understand there maybe a dispute over such assertions.
Portrayal of primary sources - where the viewer could reasonably believe that what they are seeing is primary source material whether it is first hand footage, photographs or physical evidence then this must be the case. If the viewer could be misled by what they are seeing it should be labelled to say it is ‘reconstructed'.
Treating contributors and editing interviews fairly - contributors must give their informed consent to take part in programmes, that is, they must understand the nature of the programme and in general terms how they will appear. Interviews and other contributions must be edited fairly and not misrepresent what the contributor has said or their position.
Chronology and the suppression of time - on occasion material may have to be shown out of chronological sequence in order to be able to make sense of the narrative. This is not necessarily problematic as long as the viewer is not materially misled. Also, time scales may need to be condensed otherwise a programme could be overly long or slow. Again, unless this is done in a manner that creates a false impression of what actually took place
this should not be problematic.
Creative programme making - some programmes will use unusual or innovative filming to assist telling a story. This can be seen in stylised factual programmes where techniques are used to create a certain atmosphere or to portray people in a particular manner. This is acceptable as long as it is apparent to the viewer when these techniques are being used and that scenes that are important to the narrative of the programme are not portrayed as being actuality when they are not. Legitimate contrivance must not be passed off as observed actuality.
Informing the viewer - Viewers will often understand the conventions of programme making and that some artifice is required. Where the viewer could be misled as to the nature of what they are seeing some signposts maybe appropriate. What signposting is required will depend on the nature and genre of the programme and the importance of a particular sequence. For example, a reconstruction from a period in history before the advent of television will not require a label that it is reconstructed but footage stylised to look contemporaneous and authentic may do. Secretly filmed material may require a specific label to distinguish it from open filming where the viewer could be confused. An entertainment programme featuring a humorous set up may well not require any label as it is self evident what is taking place. Any signposting to be undertaken should be approved in advance by the Five commissioning editor.
Some cases where the producer could be misled and therefore the viewer
Hoaxes - producers should always be vigilant to ensure that they are not the subject of a hoax by a contributor. Never take anything at face value - ensure there is evidence to substantiate what the contributor says about themselves and what they have done. If a story is particularly good - always check it. Does the contributor have some vested interest in what is being said? Even if a producer and Five is the subject of a hoax we may still be criticised for not ensuring the authenticity of what we were told. If you doubt a contributor seek advice from the Five commissioning editor.
Filming criminals or criminal behaviour - this is an area of great difficulty and obtaining early legal advice is vital. Assertions by criminals need to be verified. Always ensure that you are not being misled or set up by a criminal for his own interests - it may be the case that they will not be truthful later or will have a vested interest in their own preservation.
7. Commercial activity
Interaction with viewers
Where a programme seeks participation and in particular where there is a commercial transaction, for example, the use of premium rate telephony, SMS or red button the viewer must be treated fairly at all times regardless of the editorial or other needs of the programme.
Fulfilling fairly the service for which the viewer has paid is the primary obligation. Protecting the viewer from financial harm overrides the editorial or other interests of the programme.
The conduct of any competition or mechanic which involves viewer interaction whether paid for or not must be fair in all respects. This principle is also reflected in the Ofcom Broadcasting Code.
No commercial activity is permitted within Five's programmes without the prior consent and involvement of the channel. Often legal and commercial advice will be required.
Commercial involvement with programme making
Producers must not accept any commercial or other benefit from a third party in relation to the making of a programme without disclosing it to Five before it is provided. Any such benefit maybe a breach of the Ofcom Broadcasting Code (e.g. product placement) or result in the programme being treated as sponsored which requires specialist guidance or could undermine or appear to have undermined the editorial independence and objectivity of the programme maker and Five.
8. Compliance and the relationship with Five
Programme making is a collaborative activity and producers must always keep Five's commissioning editor apprised of all significant developments and anything which could impact on viewer trust. Five for its part will respond to any advice or guidance sought by producers. Compliance is a shared responsibility between the editorial teams at Five and the production company with appropriate advice and guidance from the legal and compliance team. The legal and compliance team will work with commissioning editors and production staff to get programmes to air within the parameters of the law and regulation. However, this requires programme makers to seek advice at the earliest possible stage. If you have any doubt about who to speak to contact the appropriate commissioning editor.
Producers are expected to have read and comply with the provisions of the Ofcom Broadcasting Code.
Producers will be expected to have read and comply with the provisions of and guidance of this Handbook.
If you have any concerns about these guidelines or your obligations and responsibilities seek advice from the commissioning editor responsible for your programme or the legal and compliance department.
Failure to meet the standards set out in these guidelines will be viewed with the utmost seriousness by Five and could be treated as a breach of the producer's warranties under the production agreement.
Evidence of a breach of these guidelines in any Five programme will be investigated by senior executives at Five. Where appropriate, proportionate action in respect of any breach will be taken on a case by case basis. Where there is evidence of repeated breaches of these guidelines and the principles of viewer trust by a particular independent producer Five may impose stricter controls on or review its relationship with that producer.
October 2007
Five