Introduction
Five relies on its independent producers to apply the highest standards when making programmes. A failure in this regard could lead to legal action or regulatory intervention. Compliance with the Broadcasting Code and other regulatory rules is a term of Five's Ofcom licences and any breach could lead to a significant fine, a reduction in the length of the licence and even loss of the relevant licence.
Five expects everyone involved in the production and broadcasting of programmes to have an understanding of the compliance process - this includes the Director of Programmes, commissioning editors, Scheduling and Planning, Creative Services and Marketing and Legal and Business Affairs. It is the responsibility of producers to ensure that anyone working on a programme for Five is aware of the importance of legal and regulatory compliance and that they understand these rules and the processes at Five.
The role of 'editorial' and 'legal' - a collaborative process
Programme making and dealing with any repercussions before or after transmission is a collaborative process. However, within that team approach people have different areas of responsibility:
- Commissioning editors ‘own' the programmes they commission or purchase and are responsible for the editorial content of the programmes broadcast or repeated. They are responsible for ensuring programmes in their area are suitable for transmission at the time scheduled. This includes programmes commissioned or purchased by their predecessors. Ultimate editorial responsibility rests with the Director of Programmes (or their alternate). Where an editorial decision is of particular significance to the channel a decision may need to be referred up.
- Legal and compliance advisers provide advice and guidance on any legal or regulatory matters. While the primary obligation is to Five and its executives, advice and support will also be provided to producers of our programmes as part of the collaborative approach. Any decision on the content of programmes rests with the commissioning editors and ultimately the Director of Programmes as the most senior programming executive.
For this approach to work it is vital that controllers and producers seek input from legal and compliance at the earliest possible stage of any project requiring advice; the lawyers will not automatically know that advice is needed. The lawyers do not view every programme transmitted and it is the commissioning editor's responsibility to refer specific concerns to the legal and compliance team.