6B Comedy & Entertainment Programming : OFCOM Broadcasting Code
Live Programmes
Potentially Offensive Material
- Material with the potential to cause offence e.g. strong language, violence, sex, sexual violence, humiliation, distress, violation of human dignity, discriminatory treatment or language, must be justifiable editorially and by the context. Advice should be sought from the programme lawyer at an early stage where such material is to be included in programmes.
- Where appropriate, the commissioning editor, on the advice of the programme lawyer, will ensure that an on-air warning is provided to enable viewers to make informed choices about what they watch.
- Nothing broadcast should be intended to stir up racial hatred or, taking into account the circumstances, be likely to do so. Racist terms should be avoided
in programmes, as should insensitive comments or stereotyped portrayals
of particular ethnic groups, unless there is strong editorial justification, in the particular context. - Jokes and material at the expense of those with disabilities are likely to cause widespread offence. Patronising or outdated derogatory expressions relating to disability should generally be avoided unless it is justified editorially and by the context. Similar considerations apply to jokes and material about other minority groups e.g. older people, homosexuals, religious faiths or language groups.
- Material that amounts to an unwarranted, abusive or derogatory treatment of the religious views and beliefs of those belonging to a particular religion should be avoided. Whilst there is scope for negative and/or humorous material concerning aspects of religion, care should be taken not to undermine or ridicule central beliefs. If in doubt, seek advice from the programme lawyer.
- Nothing transmitted should encourage, incite or condone criminal activity.
- See Chapter 4A, Protecting Under 18s & Harm and Offence
Topical humour
- Many comedy and entertainment shows on television seek to provide a humorous take on current affairs and other stories in the news. However, since television is a much more closely regulated medium than the press, there may be stories appearing in other parts of the media e.g. in newspapers, magazines or on the internet, that we can only make reference to with particular care.
- Many stories that appear in newspapers involve a victim of some kind e.g. of war, terrorism, crime, natural disaster, illness or accident. Humour based on these stories must have regard to the feelings not only of the victims and their families (who may or may not be watching) but also to the general viewing public, who are likely both to empathise and sympathise with the victim(s) and those close to them.
- There may be certain stories in respect of which any attempt at humour would be problematic e.g. a joke about hostage-taking around the time that a British hostage had been murdered would be likely to cause widespread offence and be unacceptable. Similarly, jokes about natural disasters or serious accidents involving loss of life, around the time these events happened, would be likely to be problematic.
- Other stories in the news involving victims may not be so clear-cut and a
view will need to be taken as to whether humour based on such stories is acceptable. Common sense dictates that the more serious the plight of the victim(s), the less likely that humour based on the story will be permissible. In addition, the amount of time that has elapsed between the event in question and the references being made is likely to play a factor in whether the material is acceptable. - Most viewers expect broadcasters to display a degree of respect for those people in the public eye that have recently died and for those close to them they leave behind. Consequently, humour based around a recent death is likely to cause widespread offence.
- If in doubt about the suitability of any material, seek advice from the commissioning editor and the programme lawyer.
- See Chapter 4A, Protecting Under 18s & Harm and Offence , in particular 'Preserving Human Dignity, Scenes Showing Humiliation and People in Distress ' and ‘Intervening Events '
- See Chapter 4C, Fairness - 'Fairness & Non-Contributors'
- See Chapter 4D, Privacy - 'Privacy & Non-Contributors'
- See Chapter 5A, Defamation
- See Chapter 5B, Contempt and Reporting Legal Proceedings
- See Chapter 5C, Privacy, Confidence and Data Protection
Dealing with Contributors
- Contributors should generally take part in programmes having given informed consent.
- Consent should normally be in the form of a signed release form, although consent filmed on camera may be satisfactory. Both should certify that the nature and content of the programme have been explained to them.
- Any ‘set-ups' or use of deception must be justified in the public interest, unless it is intended to seek the informed consent of those filmed prior to broadcast. The permission of the broadcaster will always be required before the use of any deception, regardless of the basis on which it may be justified. You must seek advice from your programme lawyer at an early stage.
- Any conditions placed on interviews or contributions by those taking part in programmes must be agreed by the commissioning editor, who will seek the advice of the programme lawyer, before programme-makers accept them. Programme-makers should not agree to give contributors previews of programmes or rights of veto without the consent of the commissioning editor. Editorial control must never be ceded to third parties.
- Programme-makers must comply with the Code's rules on payments. In particular, programme-makers must seek the advice of the programme lawyer before making or promising to make any payment to a convicted or confessed criminal or any potential witness in criminal proceedings even if the context in which they are to be featured is humorous or entertaining.
- Interviews must be edited fairly.
- See Chapter 4B, Crime, in particular 'Payments'
- See Chapter 4C, Fairness - 'Fairness & Contributors'
- See Chapter 4D, Privacy - 'Privacy & Contributors'
People Under 18
Fairness & Privacy Generally
- The unfair treatment of individuals or organisations in programmes must be avoided.
- If the programme you are making involves criticising or making any damaging allegation about any living individual or organisation, seek advice from your programme lawyer immediately.
- Any significant infringement of privacy of an individual or organisation, in the making or broadcast of a programme, must either be warranted by the public interest or the individual or organisation must have consented to the material in question being broadcast.
- As above, just because a story appears in a newspaper does not necessarily mean that it can be referred to and dealt with in the same way. Television is far more strictly regulated than the press.
- Any contentious material must be referred to the programme lawyer as soon as possible.
- See Chapter 4C, Fairness
- See Chapter 4D, Privacy
Commercial references within programmes
- Programmes should not give undue prominence to commercial products or services.
- Product placement is prohibited.
- Where programmes contain viewer competitions and/or premium rate telephone lines for viewers to call, seek advice from the programme lawyer.
- Sponsored programmes must not contain promotional references to the sponsor, its activities or products or services.
- Advertisements or clips from advertisements for commercial products or services, used within programmes, will require clear editorial justification. Always seek advice from your programme lawyer.
- See Chapter 4H, Editorial Independence and Commercial References within Programmes