Media Law

5G The Internet : The Internet

The Internet as a research tool

The internet is a very valuable research tool and contains an enormous amount of information. However, just because facts and information appear on the internet does not mean that they are true or accurate. Some sites will be more reliable than others e.g. the sites of major broadcasters or national newspapers are likely to be more reliable and accurate than, for example, obscure fanzine sites. Wherever the internet is being used as a research tool, common sense is required and any facts/information gleaned from it needs to be properly evaluated and, where appropriate, corroborated before being included within programmes.

 

Copyright and the Internet

There is a common misconception that if copyright works e.g. words, pictures, videos, photographs etc. are on the internet, they are somehow in the "public domain" and that normal copyright laws do not apply. This is incorrect. Material appearing on the internet is still protected by copyright. Thus, the material would either need to be cleared i.e. licensed, or advice obtained from a programme lawyer on fair dealing the content in question.

 

Publishing/Broadcasting on the Internet

Channel 4 and Five have websites which contain information about the channels' activities generally and about specific programmes and also include actual programmes or cut down versions of programmes that can be watched or downloaded, including from time to time live streaming.

 

Whilst Ofcom does not at present directly regulate internet content, Channel 4 and Five have internal legal and compliance checks in place to ensure content online it is suitable for users. Unlike broadcast on television, the internet does not have a watershed. For this reason, as responsible broadcasters, Channel 4 and Five place warnings in front of adult content to ensure that users are fully aware of the nature of the content, which may be unsuitable for children or cause harm and offence.

 

In terms of the law, there is little difference between publishing/broadcasting on television and on the internet. The laws of copyright, defamation, confidence, privacy etc. all apply and, in fact, in some areas there is a need to be even more careful e.g. because of the fact that sites on the internet can be accessed from all over the world (unless content is geo-blocked).

 

User-Generated Content and Social Networking Services.

User-generated content ("UGC") and social networking services are becoming an increasingly important and prevalent part of website publishing. As publishers of the content appearing on their websites, Channel 4 and Five are legally and editorially responsible for such material. The risks associated with its publication are assessed on an individual project basis, and the appropriate level of ‘moderation', whether pre or post moderation, must be determined in liaison with and agreed by the channels' programme lawyers.

 

Video on Demand ("VOD")

Many Channel 4 and Five programmes are available in on demand services on digital TV services and online.

 

These services are subject to the same legal restraints as apply to broadcast programmes and material published on the websites operated by Channel 4 and Five.

 

Channel 4 and Five are also members of the regulatory body ATVOD and all their VoD services, however delivered, must comply with ATVOD's Code of Practice. The ATVOD Code requires adherence with the Ofcom Broadcasting Code.


In particular, it ensures that appropriate information is provided to prospective users of its service and that there are appropriate safeguards in place for the protection of under 18s.

 

Mobile Content

Channel 4 publishes programme content on mobile platforms which is editorially overseen by Channel 4's Video and Mobile Editor. Channel 4's mobile content is edited to ensure compliance with the Code of Practice of the Independent Mobile Classification Body (the "IMCB").

 

Any content commissioned for publication on mobile platforms by Five should be referred to the programme lawyer for advice where appropriate.