8B Five : Live Programming Procedures
1. Pre-broadcast procedures
- Commissioning editors should take early advice from the programme lawyer prior to broadcast of a live programme or series so that appropriate arrangements can be made.
- Commissioning editors must ensure that presenters are properly equipped to handle the demands of a particular live programme and that the production company and those working on the programme have the appropriate expertise in this field.
- The commissioning editor and programme lawyer primarily responsible for the programme must ensure that wherever necessary the production team are properly briefed on the legal and regulatory issues concerning the programme. Consideration should be given to a seminar before the programme/series goes to air. In any series which is long running or is a returning series where production staff change a seminar is mandatory at the start of each series or substantive run and thereafter at least once annually.
- Guidance notes relating to the particular programme or series are advisable. These should cover:
- The provision of advance information to Five concerning the programme's content, guests, discussion topics etc;
- Advice to be given to guests particularly if they are members of the public who are unused to appearing on television. This will depend on the nature of the programme and the time of broadcast;
- How to deal with problems that arise during broadcast and the steps to be taken.
- There is a legal defence to libel in live programmes where the broadcaster has no effective control over the maker of the statement, provided the broadcaster and producer took all reasonable care and did not know and had no reason to believe anything they did caused or contributed to the broadcast of the defamatory statement.
2. During broadcast
- The commissioning editor should usually either watch all live broadcasts or make arrangements for a member of the programming department to watch them. Arrangements should be made to ensure there is direct telephone contact with the producer. Any decision not to view a live programme as it is broadcast must be discussed and agreed with the programme lawyer before transmission. It will not normally be necessary to watch live sports or quiz programming.
- Whether it is necessary, in addition to the commissioning editor, for a programme lawyer to watch the programme go out live will be decided on a case by case basis, depending on the nature of the programme and the content.
- Appropriate communication with the presenter must be arranged before a live broadcast. If they are not on ‘talk back', some form of communication with the presenter must be set up.
3. Apologies procedure
- Each case must be considered on its particular circumstances and wherever practical advice sought from a programme lawyer.
- Defamatory statements - these may need an immediate response. It may be necessary to dissociate the presenter, programme, and channel from the comment through a brief clarification or statement. The wording of this should normally be prepared by the programme lawyer. Unless directed, presenters should not repeat or refer back to a defamatory statement.
- Very strong language pre-watershed or a remark or language which is likely to cause widespread or significant offence at any time - wherever possible the presenter should apologise immediately and/or distance the programme from the language or remark.
- If the presenter fails or is unable to apologise, consideration must be given to an apology at the end of the programme by presentation. This needs to be agreed by the commissioning editor and programme lawyer.
4. After Broadcast
- In the event of any significant incident during a live programme which gives
rise to a legal or regulatory issue, the programme lawyer must be notified by the commissioning editor. If a live programme is to be repeated on Five or another Five channel or on a ‘+1' service, arrangements must be made to either edit any inappropriate material or provide a warning or viewer information announcement, if it is something that may cause offence. - If a comment is libellous, it must be edited before any repeat of the programme.
October 2007