Broadcasting code Definition

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What does Broadcasting code mean?

ofcom’s statutorily-obligated set of standards for the content of programmes transmitted over radio or television.

Among other provisions, the code contains sections dealing with the depiction of drugs and alcohol, violence and dangerous behaviour, offensive language, sex and nudity. Breaches of the code can lead to the imposition of sanctions by Ofcom, both financial and punitive.

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Product placement

This Practice Note is intended for reference when considering the inclusion of a product or service in a television or radio programme in return for consideration.It discusses the Ofcom Broadcasting Code (the Code), which sets out the rules that govern which types of products can be placed, which genres of programmes are permitted and how the products can be placed. The Office of Communications (Ofcom) has also produced guidance on product placement. Ofcom has announced its intention to update the guidance so that it remains relevant and helpful to broadcasters, and work is already underway to update the guidance for Section 9 in particular. It is expected that Ofcom will publish some of its updated guidance in late 2023 to early 2024.Product placement is one form of commercial advertising within television and radio content governed by Ofcom. For advertising outside of television or radio content, see Practice Note: Advertising law and regulation.What is product placement?Product placement is the inclusion in a programme of, or a reference to, a product, service...

Sponsorship

Sponsorship This Practice Note provides an overview of the key elements of a sponsorship deal, including establishing a sponsorship hierarchy for multiple sponsors, exclusivity arrangements, standard and additional rights commonly found in a sponsorship deal, fees and payment by value-in-kind, protection of sponsorship as well as compliance and regulatory issues. Brands are increasingly looking to align themselves with events or content that consumers care about. For this reason, sponsors are increasingly aligning themselves with areas outside of the traditional sports sponsorship model. For example, there has been significant growth in sponsorship of music events and artists, sectors that brands traditionally shied away from due to the myriad of rights owners. English law does not recognise the existence of proprietary rights in a sports (or other) event. It follows that there is no such recognised right as ‘sponsorship rights’ to an event, team or league. The sponsorship rights granted by rights holders to brands do not exist in and of themselves, rather they are created, exploited and protected via a...

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Under the General Data Protection Regulation and Data Protection Act 2018, can the right to erasure be used to remove references to an employment tribunal case which has been publicly reported in the media?

Under the General Data Protection Regulation and Data Protection Act 2018, can the right to erasure be used to remove references to an employment tribunal case which has been publicly reported in the media? In answering this Q&A, the exceptions under the Data Protection Act 2018 (DPA 2018) and the General Data Protection Regulation, Regulation (EU) 2016/679 (GDPR), which may be relied upon to reject a request made by a data subject attempting to exercise the right to erasure, have been considered. The Q&A then focuses on the exception given for freedom of expression and information under Article 17(3)(a) of Regulation (EU) 2016/679, the GDPR as it appears to be the likely exception relied upon for publication of information in the media. Right to erasure under the GDPR Under Article 17 of Regulation (EU) 2016/679, the GDPR data subjects have the right to have their personal data erased. The broad principle underpinning this right to erasure is to enable an individual to request the deletion or removal...

Where a child is the subject of historic online news articles/reports, can a request for erasure be made by the child’s guardian for the purposes of safeguarding the child in the future?

Where a child is the subject of historic online news articles/reports, can a request for erasure be made by the child’s guardian for the purposes of safeguarding the child in the future? Much will depend on the content of the ‘online news articles/reports’ referred to in the question. Below, we have set out some of the major points practitioners may wish to consider, alongside links to more detailed guidance. Note that this answer adopts several terms common in data protection law (such as data subject and data controller) which are discussed in Practice Note: Key definitions under UK data protection law and we recommend referring to that document wherever necessary. Data protection law If the articles contain the child’s personal data, their rights under Retained Regulation (EU) 2016/679 (the UK GDPR) will be engaged. We cover the scope of personal data in detail in Practice Notes: Key definitions under UK data protection law and The UK General Data Protection Regulation (UK GDPR). Under Article 17 of the UK GDPR, data...

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Ofcom publishes note to broadcasters for 4 July 2024 General Election

Ofcom has published a note to broadcasters about the election programming in the General Election set to take place on 4 July 2024. The note covers key points to consider about the General Election programming, a summary of the Broadcasting Code requirements for election programming, due impartiality requirements in the pre-election period, a summary of requirements relating to politicians as presenters and other information to assist broadcasters in their compliance of election programming.

Ofcom publishes audience feedback on General Election due impartiality

Ofcom has published qualitative research which explores audiences’ comprehension of news and current affairs content and their expectations of due impartiality when politicians are presenting. The audience feedback maintains the broad design of current due impartiality rules under the Broadcasting Code.

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